A division bench comprising Justice M.S. Karnik and Justice Nivedita P. Mehta today issued notice to the South Western Railway and the Directorate of Survey and Land Records (DSLR) on a writ petition filed by the Goa Foundation challenging land acquisition proceedings taking place in respect of lands located within the precincts of the Mollem Wildlife Sanctuary.
This petition has been filed in response to significant encroachment into lands within the Bhagwan Mahaveer (Mollem) Wildlife Sanctuary in Kalay village, ostensibly for the purpose of doubling the Hospet-Hubli-Tinaighat-Vasco railway line and connected works.
Despite the Supreme Court revoking all permissions for railway track doubling work within the sanctuary in 2022, land acquisition proceedings and alterations to land revenue records have nevertheless been initiated in favor of the South Western Railways, within the protected area, in blatant violation of the provisions of the Wildlife Protection Act, 1972 (WLPA).
The WLPA explicitly bars accrual of any rights in, on, or over land within a notified sanctuary.
The PIL details two distinct methods relied upon for such encroachment by the South Western Railways into the protected area.
The first part lays out the illegal land acquisition proceedings under the Railways Act.
The second part deals with changes in the land revenue records carried out in the year 2024 for the creation of a new survey number, Sy No 165/1, in Kalay village in favour of the South Western Railways which includes the entire length of the existing railway track through the village as well as large tracts of land on either side. Significant portion of the land declared part of the SWR in this fashion falls within the wildlife sanctuary. Recently, a large number of trees falling within the sanctuary area of this new survey number appear to have been marked for felling.
The petition challenges the powers of the SWR and of the DSLR to either acquire lands within the wildlife sanctuary or pass any orders relating to the status of lands within the wildlife sanctuary. Such orders are de hors the Wildlife Act, 1972.
Notwithstanding the protections afforded by the WLPA, the order of the Hon’ble Supreme Court and ongoing proceedings for the settlement of the rights, the wildlife habitat is still under threat from human encroachment. These activities are impinging about the wildlife habitat and its security, and therefore, the wildlife in the sanctuary as well.
The Court has adjourned the matter to Tuesday, 4 March, for further orders in view of the plea for a restraint against felling of any trees within the sanctuary limits.
Adv. Ms Anamika Gode, together with Adv. Sherwyn Correia, appeared for the Goa Foundation.
Claude Alvares
The Goa Foundation