The National Green Tribunal while dismissing a plea on the threat to the survival of elephants because of conflicts with humans has observed that the Wildlife (Protection) Act of 1972 is beyond its purview.
The tribunal was hearing a petition seeking the Centre’s intervention in the loss of elephant habitats and for re-establishment of elephant corridors.
A bench of NGT Chairperson Justice Prakash Shrivastava said the plea was about the basic nature and habits of the elephants and the threat to their survival because of human-elephant conflict.
“Wildlife (Protection) Act, 1972, is not a scheduled enactment under the NGT Act, 2010. The applicant has failed to point out any substantial issue relating to compliance with provisions of the scheduled enactments which confers jurisdiction upon the tribunal,” the bench also comprising judicial member Justice Sudhir Agarwal and expert member A Senthil Vel said.
The NGT Act provides jurisdiction to the tribunal over several acts, including the Water (Prevention and Control of Pollution) Act, Water (Prevention and Control of Pollution) Cess Act, Forest (Conservation) Act, Air (Prevention and Control of Pollution) Act, Environment (Protection) Act, Public Liability Insurance Act and Biological Diversity Act.
“Thus, no case is made out to entertain the present original application (OA) which is accordingly dismissed,” the tribunal said in a recent order.
