Only state can decide on declaring Samanatham tank as sanctuary: HC
Madurai: Madras high court on Wednesday observed that it is for the state govt to take a decision to declare Samanatham tank in Thiruparankundram in Madurai district as a bird sanctuary.
A division bench of justice S M Subramaniam and justice A D Maria Clete observed that no doubt bird migration activities are going on in Samanatham tank. However, such decisions have to be taken by the govt on the recommendation of the competent authorities and after obtaining reports from the experts. The declaration of a tank as a sanctuary requires certain procedures to be followed under the Statute and Rules in force.
The court, not being an expert body, cannot substitute the expert views. Therefore, the court may not be in a position to issue a positive direction to declare the tank as a sanctuary. The court is of the considered view that the authorities may take note of the facts reiterated by the division bench while initiating the suo motu proceedings and, if necessary, process the same in the manner known to law, the judges observed.
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The court passed the order while disposing of a suo motu proceeding seeking a direction to the state to declare Samanatham tank as a bird sanctuary in terms of Section 18 of the Wildlife Protection Act.
The tank is presently under the control and maintenance of the public works department (PWD). The waterbody provides habitat for more than 150 species of birds. The tank also provides habitat for two vulnerable species, namely the Indian spotted eagle and great spotted eagle.
Owing to the biodiversity and, in particular, the unique natural bird habitat, there were various appeals to protect the tank by declaring it as a bird sanctuary. The action is necessitated in light of the fact that the waterbody is vulnerable to poaching, loss of natural habitat, and is easily accessible to the public, which gravely threatens the natural habitat of these birds. If the said waterbody is declared as a sanctuary, it would be subjected to restrictions as to entry in terms of Section 27 of the Act and various other protective measures as envisaged under Chapter IV of the Act of 1972, as a protected area.
Earlier, a public interest litigation was filed by R Manibarahti seeking a direction to the govt to declare the tank as a bird sanctuary. The court closed the petition after the state submitted that a proposal was sent in this regard to the govt.
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