High Court upholds elephants’ right of passage in Nilgiris; orders demolition of commercial establishments in elephant corridors

Chennai: The Madras High Court has banned all construction activities in the proposed elephant corridors covering all bottlenecks connecting Segur Plateau and Mudumalai Tiger Reserve – part of Nilgiri Biosphere Reserve – in the southern state of Tamil Nadu. Strongly favouring the ‘rights of passage’ of wild elephants, the court also ordered demolition of all illegal commercial ventures within the corridors.

The court last week passed the final ruling in favour of the Tamil Nadu Forest Department in the case against private establishments obstructing movement of wild elephants. The court upheld its interim judgment passed a month ago.

“This is a significant milestone in India’s elephant conservation history. We were always optimistic that the final ruling would be in favour of elephants,” said Dr B Ramakrishnan, Wildlife Trust of India (WTI) field officer, who was among the team of researchers including R Arumugam, consultant, WTI and N Mohanraj, WWF-India assisting the forest department in the case.

“The court has issued several other directives, all of which will facilitate establishment of elephant corridors and securement of all critical bottlenecks, which is an urgent requirement for long-term survival of Asian elephants,” said Arumugam.

The corridors that will see immediate benefits of the High Court’s verdict include Masinagudi-Moyar (Moyar-Avarahalla), Masinagudi-Singara (Kalmalai Singara and Avarahalla), Mavinahalla-Chemmanatham (Avarahalla-Singara), Glencorin-Vazhaithottam (Kalhatti-Singara and Glencorin) and Singara-Bokkapuram. The first four corridors are featured in the WTI publication ‘Rights of Passage: Elephant Corridors of India’ that lists 88 critical corridors across India requiring urgent securement.

“The Tamil Nadu Forest Department has envisioned and drawn up a passage for elephants encompassing the four corridors mentioned in WTI’s publication, as well as other bottlenecks connecting Singara and Glencorin through Bokkapuram. This is a welcome long-term conservation approach that will improve the chances of long-term survival of elephants in the Niligiris,” added Ramakrishnan.

Setting a strict precedent, the court has also ordered cutting off power and water supplies to commercial establishments adjoining these corridors in case of violation of norms set by the district administration. The court’s verdict will have strong implications for tourism companies and resorts both within the corridors and as well as those adjoining them. However, it will not affect tribal residents.

“The District Collector of Ooty has formed a committee to identify violaters for further action. Most of these establishments within the corridor and a few just along the corridor border have violated the Hill Area Conservation Authority (HACA). The HACA states that if any construction in these areas are to exceed 300 sq ft, they need prior permission of the HACA Chairman – the District Collector. However, these institutions have procured permissions only from the Panchayat President (who has authority to approve establishments of up to 300 sq ft only), and have established constructions far exceeding the permitted limit. Hence, none of them are eligible for any compensation,” added Ramakrishnan.

The court has also directed eviction of illegal encroachments and removal of physical barriers such as electric fences.

The Nilgiri Biosphere Reserve is spread over 5540 sq km across three states – Tamil Nadu, Kerala and Karnataka. Habitat fragmentation leading to isolated populations and conflict with humans is one of the major threats to 4000-odd elephants in this region. Establishment of corridors – a patch of forested land connecting elephant habitats – is one of the viable solutions to preserve the threatened contiguity, consevationists say.

As part of its National Elephant Corridor Project, WTI along with its supporters World Land Trust, Elephant Family, IUCN-Netherlands, International Fund for Animal Welfare (IFAW) and US Fish and Wildlife Service (USFWS), has been working to secure critical elephant corridors across the country. The project works to secure corridor land from private ownership through purchase and voluntary relocation as well as through community-based conservation. Once secured, the ownership of the corridor land is transferred to the state for inclusion into a nearby protected area.

Through the years, in south India, WTI has successfully secured the Kollegal Corridor (Edayarhalli – Doddasampige) in Karnataka, which connects Biligiri Ranganswamy Temple Wildlife Sanctuary in Chamrajnagar Wildlife Division to Kollegal division. WTI is also working to secure Wayanad corridor (Tirunelli – Kudrakote) connecting Wayanad WLS with Wayanad North Division (Kerala) leading to Brahmagiri WLS in Karnataka. Facilitating voluntary relocation, corridor land has been acquired from two -Thirulakunnu and Valiyaemmadi – of the six settlements within Wayanad Corridor. Meanwhile, efforts to secure land from the remaining settlements continue.

WTI has also extensively ground-truthed the corridors connecting Segur Plateau to Mudumalai TR to facilitate their securement. Additionally, three other corridors in Nilgiri Biosphere Reserve – Kallar-Gandhapallam and Attapadi-Boolavampati corridors connecting Coimbatore Forest Division to Silent Valley National Park, and Talamalai-Guttialattur corridor connecting the Eastern and Western Ghats – have also been ground-truthed by WTI.