2020 SC verdict on elephant corridor attains finality: CJI Sanjiv Khanna

NEW DELHI: The Supreme Court on Friday said its 2020 verdict ordering owners of private properties and resorts to vacate the lands falling in the elephant corridor in the Nilgiris had attained finality.

The top court order underscored its commitment to safeguarding wildlife habitats while addressing objections raised by affected landowners.

However, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar allowed the Madras High Court to examine whether an inquiry committee, appointed by the top court, exceeded its scope in addressing objections related to land demarcation and acquisition.

The three-member committee was set up to decide the objections of the private landowners against the decision of the Nilgiris district collector in earmarking land for the elephant corridor under an order of the Tamil Nadu government.

Former Madras High Court judge Justice K Venkatraman, consultant to World Wide Fund for Nature-India Ajay Desai and trustee of Wildlife First and former member of National Board for Wildlife Praveen Bhargava, were part of the inquiry committee.

The top court on October 14, 2020, delivered its verdict on 35 petitions including the ones by Hospitality Association of Mudumalai and actor Mithun Chakraborty against the Madras High Court's judgement.

It upheld the Madras High Court's 2011 decision asking resort owners including actor Chakraborty and private landowners to vacate the land in the elephant corridor and hand over its possession to the authorities.

Disposing of applications questioning various aspects of the judgement, CJI Khanna, who was part of the bench that delivered 2020 verdict, on Friday said, "We clarify that findings recorded... in the judgement dated October 14, 2020 have attained finality.”

The bench took note of the submissions of senior advocate Amit Anand Tiwari, appearing for the Tamil Nadu government, saying a time limit must be fixed for adjudication of the matter in the high court or it would linger on for years.

"It will be open for parties to seek early disposal of the case in the high court,” the CJI said.

The top court in 2020 took note of factual objections to the acreage of the elephant corridor as notified by the impugned government order and the following actions taken by the Nilgiris district collector.

The high court had upheld the validity of the Tamil Nadu government 2010 order which notified an elephant corridor in the Sigur Plateau of Nilgiris District and directed resort owners and private landowners to vacate and hand over the possession.

The top court had said the constitutional provisions gave a clear mandate to the state to protect and improve the environment and safeguard the forests and wildlife of the country.

It had asked land and resort owners and others claiming to be aggrieved by the government order and subsequent actions to file objections containing their grievances before the inquiry committee.

The high court had observed that some persons built dwelling houses on their lands whereas some others encroached upon government lands and carried out constructions while other were cultivating the lands falling in the elephant corridor.