2024:BHC-AS:17059-DB

skn 1 PILs-179.2012 and 198.2014-2.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE

PUBLIC INTEREST LITIGATION NO. 179 OF 2012

Awaaz Foundation, a public charitable

trust, formed and registered under the
Bombay Public Trust, 1950 and having its
Registered office at 74, New Silver Home,
New Kantwadi Road, Bandra (W),
Mumbai 400 050. … Petitioner.

V/s.

1. Union of India, through the

Ministry of Environment & Forests,
Paryavaran Bhavan, CGO Complex,
Lodhi Road, New Delhi-110003.

2. State of Maharashtra, through

Secretary, Environment Department,
and Secretary, Revenue and Forest
Department, both at Mantralaya,
Mumbai 400 032.

3. The Principal Chief Conservator of

Forests (Wildlife), Maharashtra State,
Nagpur.

4. The Collector,
Sindhudurg District, Sindhudurg. … Respondents.

WITH

PUBLIC INTEREST LITIGATION NO. 198 OF 2014

1. Vanashakti, a Public Trust registered

under the provisions of the Bombay

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Public Trusts Act 1950, having its

Office at 19/21, Unique Industrial Estate,
Twin Towers Lane, Prabhadevi,
Mumbai - 400 025.

2. Stalin Dayanand, of Mumbai,

Indian Inhabitant,
Project Director of Vanashakti,
having his office at 19/21,
Unique Industrial Estate,
Twin Towers Lane, Prabhadevi,
Mumbai - 400 025. … Petitioners.

V/s.

1. Union of India, through the

Ministry of Environment & Forests,
Paryavaran Bhavan, CGO Complex,
Lodhi Road, New Delhi - 110 003.

2. State of Maharashtra, through

i) Secretary, Environment Department,
And
ii) Secretary, Revenue and Forest
Department, both at Mantralaya,
Mumbai 400 032.

3. The Principal Chief Conservator of

Forests (Wildlife), Maharashtra State,
Nagpur.

4. The Chief Conservator of Forests,

Kolhapur Forest Division,
Maharashtra State Forest Department.

5. The Collector,
Sindhudurg District, Sindhudurg. … Respondents.

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Ms.Bhakti Jain i/b. M/s.Nankani & Associates for the Petitioners

in PIL-179/2012 and CAI-119/2014.

Mr.Zaman Ali for the Petitioners in PIL-198/2014.

Mr.Rui Rodrigues with Mr.D.P.Singh and Mr.A.R.Varma for

Respondent No.-1 Union of India in PIL-179/22.

Mr. Parag Vyas with S.S.Badekar and Ms. Karuna Yadav for
Respondent No.1 (UOI) in PIL-198/2014 and IA-556/2022.

Mr.M.M.Pabale, AGP for Respondent Nos.2,3,4 in PIL/179/12 and

for Respondent Nos.2, 3, 4 and 5 in PIL-198/2014.

CORAM : NITIN JAMDAR, AND

M.M. SATHAYE, JJ.

DATE : 22 March 2024.

JUDGMENT : (Per Nitin Jamdar, J.)

Dodamarg Taluka, situated in the Sindhudurg district of

Maharashtra, is flanked by Goa to the south, Karnataka to the
southeast and the Sahyadri range to the north. It is characterized by
its hilly terrain intersected by valleys and encircled by mountains.
The region is extremely rich in biodiversity. Tillari river flows
through the region upon which the Tillari dam is built. Kalne River
is one of its tributaries. These Petitions pertain to 25 villages within
the area: Kumbral, Panturli, Talkat, Zolambe, Kolzar, Shirwal,
Ughade, Kalane, Bhikekonal, Kumbhawade, and Khadpade in

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Dodamarg Taluka. Villages Asaniye, Padwe Majgaon, Bhalawal,

Tamboli, Saramale, Nevli, Dabhil, Otawane, Konshi, Gharpi, Udeli,
Kesri-Phansawade in Sawantwadi taluka, and Bhekurli, Fukeri in
Banda taluka. Collectively this area is known as the Sawantwadi-
Dodamarg Wildlife Corridor.

2. Both these Public Interest Litigations seek directions to

the Respondents to declare and notify these 25 villages, the
Sawantwadi-Dodamarg Corridor, as shown in Plan/Map annexed to
the Petition as “Ecologically Sensitive Area” under the Environment
Protection Act, 1986 and the Environment Protection Rules, 1986.

3. The Respondents are the Ministry of Environment &

Forests, Union of India (MoEF), State of Maharashtra, through the
Secretary, Environment Department, and the Forest Department,
and the Collector of Sindhudurg district.

4. A wildlife corridor connects wildlife populations that

could become isolated from viable continuous habitats due to habitat
destruction and degradation. These corridors allow animals to move
between the forested regions. Wildlife corridors play a pivotal role in
preventing the creation of isolated pockets of protected areas,
ensuring their continued viability. By facilitating movement, wildlife
corridors help maintain genetic diversity among large mammal
populations, which is crucial for their long-term survival. Wildlife

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corridors thus support vital ecological processes, contributing to the

overall health and balance of the ecosystems.

5. The Sawantwadi-Dodamarg Corridor is vital in

connecting wildlife sanctuaries and national parks across
Maharashtra, Goa, and Karnataka, acting as a pathway for species
like the Asiatic Elephant and the Tiger. Specifically, it forms an
essential part of the Sahyadri-Konkan wildlife corridor, linking the
Koyna and Radhanagari Wildlife Sanctuaries and Chandoli National
Park with their counterparts in neighbouring states.

6. Section 3 of the Environment Protection Act, 1986

empowers the Central Government to take measures to protect and
improve the environment. Under 3(1) the Central Government has
the power to take all such measures as it deems necessary or
expedient for the purpose of protecting and improving the quality of
the environment and preventing, controlling and abating
environmental pollution. Section 3(2)(v) of the Act of 1986
empowers the Central Government to adopt all such measures as it
deems necessary to protect and improve the quality of the
environment and prevent environmental pollution/degradation. It
allows for the restriction in the areas in which industries, operations
or processes or classes of industries, operations or processes can be
regulated/prohibited. Rule 5 of the Environment Protection Rules,
1986 deals with prohibition and restriction on the location of

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industries and the carrying on processes and operations in different

areas. Rule 5(1) of the Rules of 1986 states that the Central
Government may take into consideration the factors enumerated
therein while prohibiting or restricting the location of industries and
carrying on of processes and operations in different areas. These
include topographic and climatic features, environmentally
compatible land use, maximum allowable limits of concentration of
pollutants, proximity to protected areas, etc., that can be considered
while prohibiting or restricting certain operations in different areas.
Rule 5(1)(v) particularly lists the biological diversity of the area,
which, in the opinion of the Central Government, needs to be
preserved as a criterion. Rule 5(3) confers power upon the Central
Government to issue such notifications.

7. Under Section 5A of the Wild life (Protection) Act,

1972, the Central Government has constituted the National Board
for Wild Life. Under Section 5C the functions of the National
Board are laid down and it is the duty of the National Board to
promote the conservation and development of wild life and forests
by such measures as it thinks fit. As the Petitioners point out, the
National Wildlife Action Plan (NWAP) 2002-2016 indicates that
areas outside the protected area network are often vital ecological
corridor links and must be protected to prevent the isolation of
fragments of biodiversity, which will not survive in the long run.
Land and water use policies will need to accept the imperative of

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strictly protecting ecologically fragile habitats and regulating use

elsewhere. The Action Plan also indicates that all identified areas
around Protected Areas and wildlife corridors to be declared as
ecologically fragile under the Environment Protection Act, 1986,
where the Protected Areas are National Parks and Wildlife
Sanctuaries. The Petitioner- Awaaz Foundation submitted that the
MoEF has also framed guidelines for the declaration of Eco-
Sensitive Zones, which are identified areas around National Parks
and Wildlife Sanctuaries as well as wildlife corridors. While framing
guidelines to facilitate States/Union Territories to declare Eco-
Sensitive Zones the fact that wildlife corridors are also to be treated
in the same fashion as Protected Areas around which Eco-Sensitive
Zones may be declared is recognized.

8. On 21 April 2011, Public Interest Litigation

No.179/2012 was filed by Awaaz Foundation, a public charitable
trust concerning the Sawantwadi-Dodamarg Corridor. The
Petitioner- Awaaz Foundation referred to the committee chaired by
Dr. Pronab Sen, Adviser, Planning Commission, appointed by the
Ministry of Environment and Forest, to identify the Ecologically
Sensitive Areas. The Sen Committee published its report in
September 2000. This Report was followed by other reports, more
particularly the Sahyadri Ecological Forum of the Department of
Environmental Services, Shivaji University, Kolhapur. Awaaz
Foundation also referred to the Western Ghats Ecological Panel. It

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pointed out that declaring an area as an ecologically sensitive area

does not mean that no development is permitted, but activities will
continue to be regulated under the Environment Protection Act,
1986. Therefore, the declaration of this Corridor will not affect any
future development in the area and will not be prejudicial to the
locals. The Petitioner, Awaaz Foundation, also referred to the Rapid
Biodiversity Assessment, which was carried out in the village of
Asaniye. The assessment report stated that a significant number of
species of wildlife fund in this corridor were categorized as
"Vulnerable," "Endangered," and "Near Threatened," and the
Report concluded with the observation that the Sawantwadi-
Dodamarg Corridor is ecologically sensitive. Based on the
information collected from the Tree Authority it was pointed out
that around eighteen lakh trees were felled in the preceding two
years in Dodamarg forest circle alone. The Petitioner, therefore,
urged that the area needs to be declared as an Ecologically Sensitive
Area.

9. The Petitioner, Awaaz Foundation, has put forth several

reasons for declaring the Sawantwadi-Dodamarg Corridor as an
Ecologically Sensitive Area. Some of these reasons are as follows.
The Sawantwadi-Dodamarg Corridor, being replete with rich
biodiversity and flora and fauna, a significant part of which is rare
and exotic and only found in the region. The wildlife found in the
Corridor includes animals in the Schedule-I to the Wildlife

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Protection Act, 1972. The Sen Committee Report has provided the
criteria that ought to be fulfilled for a particular region to be declared
as an Ecologically Sensitive Area and unique biodiversity is one of
them. Several species of plants and animals found in the region are
endemic to the said region alone, and some of them are on the
endangered list. The Corridor forms an integral part of the Sahyadri
Konkan Wildlife Corridor. It is an area with intrinsically low
resilience; sacred groves are present within the said Corridor, and
Dabhil and Kalane rivers originate in the area. The Corridor also
experiences very high rainfall, and the Terekhol River has its
catchment area here. The Sawantwadi-Dodamarg Corridor satisfies
the requirements in the Sen Committee Report for being declared an
Ecologically Sensitive Area. Furthermore, the said ecosystem is
fragile and will be unable to sustain the large-scale exploitation being
undertaken therein. Therefore, there is an urgent need for the
Sawantwadi-Dodamarg Corridor to be declared as an Ecologically
Sensitive Area. If the said Corridor is not declared as an Ecologically
Sensitive Area forthwith, it may be too late to protect and preserve
the fragile ecosystem in the Corridor. The Central Government has
previously exercised the power to take necessary steps to declare
Mahabaleshwar-Panchgani and Matheran as Ecologically Sensitive
Areas. Petitioner stated that the Sawantwadi-Dodamarg Corridor has
a much larger array of biodiversity, flora, and fauna; hence, the
protection ought to be afforded to the said Corridor. The Petitioner-
Awaz Foundation, thus, submitted that the Central

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Government/MoEF be directed to take necessary steps for declaring

the Sawantwadi-Dodamarg Corridor as an Ecologically Sensitive
Area, in accordance with Article 48-A of the Constitution of India as
well as the provisions of the Environment Protection Act, 1986, and
the Rules framed thereunder.

10. Petitioner Awaz Foundation accordingly prayed for a

declaration that the Respondents have an obligation to protect and
improve the environment and to safeguard the forests and wildlife of
the country under Articles 48-A and 21 of the Constitution of India
and consequently have the power to declare the Sawantwadi-
Dodamarg Corridor an Ecologically Sensitive Area. It sought a
declaration that the Sawantwadi-Dodamarg Corridor satisfies the
parameters/criteria as set out in the Sen Committee Report for
declaration as an Ecologically Sensitive Area. Petitioner sought a
direction to the Respondents to give effect to and enforce the
National Wildlife Action Plan by declaring the Sawantwadi-
Dodamarg Corridor as an Ecologically Sensitive Area. Petitioner
Awaz Foundation also sought to restrain harmful activity in the
Sawantwadi-Dodamarg Corridor until the Corridor is declared an
Ecologically Sensitive Area.

11. The Public Interest Litigation No. 198/2014 filed by

Vanashakti, a non-governmental organization seeks a direction to
declare the Dodamarg taluka as ecologically fragile and has sought

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various directions in that regard. The Petitioner has also highlighted

the importance of the Western Ghats region in terms of its ecological
sensitivity, particularly concerning Dodamarg. This Petition also
refers to the Report of the Sen Committee and, in turn, the Report of
Western Ghats Ecological Panel and other reports. This Petitioner
was particularly aggrieved by the office memorandum issued on 17
October 2013 by the Central Government, which lifted the
moratorium on the activities and therefore sought the quashing of
the said office memorandum. The Counsel for the Petitioner-
Vanashakti, informed us that ,during the pendency of the Petition
that the memorandum was withdrawn and this Public Interest
Litigation (PIL) No.198/2014 also continues only concerning the
Sawantwadi-Dodamarg Corridor.

12. In PIL No. 179/2012, various orders have been passed

since 2012, and thereafter, from 2014, common orders have been
passed in both PIL No. 179/2012 and PIL No. 198/2014. These
orders passed over a decade have crystallized the issue and as our
narration of the orders would show the common thread running
through all the orders is the need to protect the Sawantwadi-
Dodamarg Corridor.

13. The main order passed in these petitions is dated 27

September 2013 passed by the Division Bench, (Dr. D.Y.
Chandrachud as His Lordship then was and M.S. Sonak JJ). The

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order dated 27 September 2013 reads as follows:

“1. The issue before the Court is in regard to the

declaration of the Sawantwadi-Dodamarg Corridor as an
Ecologically Sensitive Area (ESA).

2. In an order of the Division Bench dated 17 July

2012, the Court noted that besides the State of
Maharashtra, the Western Ghats run through other States
including Tamil Nadu, Karnataka, Kerala, Goa and
Gujarat. During the course of the order, the Court noted
that the State of Maharashtra had forwarded its
suggestions and recommendations to the Union Ministry
of Environment of Forest (MoEF) in regard to the Gadgil
Committee Report. This Court observed as follows.

“3. Be that as it may, we would like to express that the

issues pertaining to ecology and environment could be
different in every State. Similarly, the suggestions and
recommendations required to be given by each State
necessarily will be based on the local issues pertaining to
ecology and environment of those respective States. In any
case, acceptance of Gadgil Committee Report in respect of
Sawantwadi-Dodamarg Corridor which runs through State
of Maharashtra only and Western Ghats which run
through various States is concerned, will have to be
considered in the light of these respective
recommendations based on factors prevalent in these
respective States. It is in these circumstances, we direct the
learned Additional Solicitor General to seek instructions
from the Ministry of Environment and Forest as to why
the decision in respect of acceptance and applicability of
the Gadgil Committee Report cannot be taken in respect
of Sawantwadi-Dodamarg Corridor independently, which
in our view, would curtail delay and help in preserving
ecology and environment, wild life etc. of state of
Maharashtra.”

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Subsequently, in the order of the Court dated 20

December 2012, the Court recorded the assurance of the
Union of India that an affidavit would be filed within four
weeks indicating the time within which, a decision in
respect of the acceptance of the Gadgil Committee Report,
insofar as the Sawantwadi-Dodamarg Corridor is
concerned, could be independently taken or otherwise.

3. On 11 February 2013, the learned ASG reported

back to the Court stating that the report of the Committee
formed by the Union of India was expected to be received
on or before 16 February 2013. On 11 July 2013, the
learned ASG stated before the Court that the report of the
high level working group on the Western Ghats
constituted by the MoEF has been submitted on 15 April
2013 and the Union Government needed a reasonable
extension of time to take a final decision on the
recommendations of the report. While standing over the
hearing on 23 August 2013, the Division Bench directed
that an affidavit-in-reply should be filed setting out the
final decision which has been taken by the Union
government on the report and the action taken pursuant
thereto.

4. Now an affidavit has been filed in these

proceedings on 18 September 2013, on behalf of the
MoEF stating as follows:

“2. I say and submit that, in order to consider the proposal

for declaration of Sawantwadi-Dodamarg Corridor as an
Ecologically Sensitive Area (ESA), the Ministry undertook
a preliminary analysis of the proposal for declaration of
Sawantwadi-Dodamarg Corridor as an Ecologically
Sensitive Area (ESA). As per the petitioner, the
Sawantwadi-Dodamarg Corridor falls in Western Ghats
and includes 30 villages. The petitioner has also stated
that out of the 30 villages, 22 villages have passed Gram

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Sabha resolutions in favour declaration of ESA. It has also

been noted that the petition does not include site-specific
ground level information of the proposed Sawantwadi-
Dodamarg Corridor. The map furnished in the petition
also does not clearly indicate the villages in the corridor.
As such, a detailed scrutiny cannot be carried out.
However, as the State Government of Maharashtra in their
affidavit before the Court have mentioned that
considering the floral, fauna and ecological importance of
the Sawantwadi-Dodamarg area, declaring it as Ecological
Sensitive Area would benefit protection and conservation
of the ecosystem including Wildlife & its Corridor. This
has been mentioned in the 17th July 2012 order of this
Hon'ble Court. This brings out the ecological importance
of the area.”

Hence, it has been stated that in view of the fact that the
State Government supports the declaration of the area as
an ESA, the State Government may forward a proposal
based upon ground level information and land records and
submit a proposal to the MoEF for considering a
declaration of the Sawantwadi-Dodamarg Corridor as an
Ecologically Sensitive Area. The affidavit of MoEF does
not reflect compliance with the statement, which was
made before this Court or of the directions which were
issued by the Division Bench. All along, the Court has
been informed that the Union Government needed a
reasonable extension of time to take a decision on the
report submitted by the high level working group. The
affidavit of the Union Government, in fact, emphasizes
the ecological importance of the Sawantwadi-Dodamarg
area, but it has been submitted that a proposal in the first
instance should be submitted by the State Government.
Insofar as the position of the State Government is
concerned, it has been expressly stated in an affidavit
dated 25 June 2012 of the Deputy Conservator of Forests.
Paragraphs 2 and 3 of the affidavit are extracted
hereinbelow for sake of convenience.

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“2. With reference to Para 4 of the Petition, I say that

Sawantwadi-Dodamarg area consists of Reserved Forests
(Government Forests) and privately owned horticulture
crops of Mango, Kokam, Cashew-nut, Coconut, Banana,
Apricot and other fruit species. Further dense vegetation
has come up in uncultivated land in this area. On the
agricultural land of private individuals, there are large scale
plantations of horticulture. The forest area owned by the
Government of Maharashtra is 55,566.60 hectares in
Sindhudurg district which is about 10 percent of
geographical area. As per the State of Forest Report 2009
of Forest Survey of India, Sindhudurg district has forest
cover to the extent of 49% of geographical area. As
Sindhudurg-Dodamarg is a continuous stretch of
vegetation; it serves as a passage for wildlife movement in
the area. This is a part of Western Ghats endowed with
rich biodiversity. There has been no rapid degradation in
government forest areas of Sawantwadi-Dodamarg area; by
and large there is not much change in land use pattern.

3. With reference to Para 5 of the Petition, I say that the

Sawantwadi-Dodamarg stretch is about 35 km long
consisting of about 25 villages. The Sahyadri Konkan
Wildlife corridor connecting Radhanagari Wildlife
Sanctuary and Chandoli National Park of Maharashtra is
about 70 km from the Sawantwadi -Dodamarg. Though
this stretch is more than 10 km away from the above
mentioned Sanctuary and National park, it has a
significant wildlife corridor value and serves as habitat for
wildlife. The Sawantwadi-Dodamarg area has the presence
of Asiatic elephants migrated from Karnataka State.
Presence of tiger in this landscape has been reported
during the monitoring of wildlife population in the year
2005 & 2010.”

Finally, it has been stated as follows, in paragraph 33 of

the same affidavit:

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“Considering the floral, faunal, and ecological importance

of the Sawantwadi-Dodamarg area, declaring it as
Ecologically Sensitive Area would benefit the protection
and conservation of the ecosystem including wildlife and
its corridors.”

5. Having regard to this uncontroverted position, it is

impossible to fathom as to how a final decision has still
not been arrived at, when there is no divergence of
opinion either between the State Government or the
Union Government (MoEF) in regard to the ecological
importance of the Sawantwadi-Dodamarg Corridor. The
affidavit of the State Government also clearly mentions
that out of 25 Gram Panchayats in the area, 13 Gram
Panchayats have a forest area of 3668.81 hectares and that
22 Gram Panchayats are ready to declare their support for
the area as an ESA. Despite several orders of the court
granting extension of time on the assurance that a final
decision would be arrived at, no decision as yet been
taken.

6. In the circumstances, we now direct that the

Secretary to the Ministry of Environment and Forests,
Government of India shall arrange and hold a meeting
with the Secretary in the Ministry of Environment and
Forests of the State Government, no later than by 1
November 2013. The meeting shall be held for sorting out
of procedural modalities and formalities to facilitate the
declaration of the Sawantwadi-Dodamarg Corridor as an
ESA. We direct that the State Government shall in terms
of the joint decision, which will be arrived at in the
meeting, take all necessary steps no later than by 30
November 2013, within which period, the response of the
State Government shall be duly remitted to the Union
Government in the MoEF. The MoEF shall thereafter take
necessary consequential action by 31 December 2013. On
the request of the Petitioner, we permit the Petitioner to

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supply relevant information, including GPS based maps of

the area, to the Ministries of Environment of Forest of the
Union and State Governments expeditiously.

7. We stand over the further hearing to 17 January,

2014, on which date, the Court shall apprised about a final
decision in the matter”.
(emphasis supplied)

14. The order dated 27 September 2013 was passed on the

backdrop of the stand taken by the State Government and the MoEF
before the Court. In the affidavit dated 25 June 2012, the State
Government categorically stated that, considering flora fauna and
ecological importance of the Sawantwadi-Dodamarg Corridor,
declaring it as Ecologically Sensitive Area would benefit the
protection and conservation of this eco-system including wildlife in
this Corridor. The affidavit dated 18 September 2013 filed by
MoEF had stated that keeping in view that the State Government
supports declaring the area as Ecologically Sensitive Area, the State
Government may develop a proposal for the Corridor as an
Ecologically Sensitive Area based upon the ground-level information
and land records and submit the proposals to the MoEF for
considering the declaration of Sawantwadi-Dodamarg Corridor as
Ecologically Sensitive Area. Thus, before the Court, there was a
consensus to notify Sawantwadi-Dodamarg Corridor as an
Ecologically Sensitive Area. The Division Bench, therefore,
observed that in view of the uncontroverted position, it was
impossible to fathom why a final decision has still not been arrived

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at. The Division Bench directed that a meeting shall be held to sort
out procedural modalities and formalities to facilitate the declaration
of the Sawantwadi-Dodamarg Corridor as an Ecologically Sensitive
Area. The State Government was directed to take all necessary steps
by 30 November 2013. The MoEF was directed thereafter to take
necessary consequential action by 31 December 2013. The matter
was listed to report the developments.

15. The MoEF had earlier imposed a moratorium on 16

August 2010, which was extended. The Division Bench had
extended the moratorium until further orders by order dated 17 July
2012 in PIL No.179/2012. After the order dated 27 September
2013 was passed, the MoEF, based on recommendations from the
High-Level Working Group, issued an office memorandum lifting
the moratorium in Ratnagiri and Sindhudurg districts. This was
reconsidered as it would have posed a significant threat to the
ecology of Western Ghats. The MoEF, thus, issued the moratorium
again in November 2013. There were shortfalls in this moratorium.
Therefore, the Petitioner- Vanshakti, sought modification of the
office memorandum, which then modified and covered the
Sawantwadi-Dodamarg Corridor, the embargo of which continues to
this day.

16. The petitions came up on board for hearing on 28

February 2018. Considering the importance of the questions raised

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in these petitions and the relief sought, the Division Bench admitted
both petitions for further hearing. Upon perusal of the order dated
27 September 2013 and paragraph 6 thereof, the Division Bench
directed the Union of India to produce the minutes of the meetings
held under the directions issued in paragraph 6 of the said order.
The Union of India was also directed to produce a response from the
State Government, if any. The Union of India was directed to ensure
that under any circumstances these documents will be produced for
perusal of the Court on the next date. The Petitioners had pointed
out the letter dated 7 December 2017 addressed by the District
Collector to the Deputy Conservator of Forest, Sawantwadi Forest
Division, by which he called upon the Deputy Conservator of Forest
to take action concerning an area of 3,000 hectares which fell in the
Eco-sensitive Zone. The Deputy Conservator of Forest, Sawantwadi
Forest Division was directed to personally remain present in the
Court along with the record.

17. The petitions were then listed before the Division Bench
on 17 October 2018. The Division Bench noted the earlier orders
and observed that the State has not disputed the fact that the
Sawantwadi-Dodamarg Corridor is required to be declared as an
Ecologically Sensitive Area. The Court directed the State of
Maharashtra and the Union of India to file a compliance report on
affidavit within a week.

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18. Thereafter, the petitions were heard on 27 November

2018, when the Division Bench passed the following order:
“. This Petition is pending since last 4 to 5 years.
Various orders are passed since 2012 onwards. We have
perused these orders. However, still, issue as to whether
the State has submitted report in respect of the declaration
of the area as Ecologically Sensitive Area (for short 'ESA')
to the Ministry of Environment is not clear.

2. We have perused the order passed by the Division

Bench of this Court on 17/10/2018 (Coram : Shantanu S.
Kemkar & Sarang V. Kotwal, JJ.) which reads as under :

“. Today when the matter came up for hearing,

none appeared for the Union of India. The
learned AGP for the State submits that he will
take instruction about the compliance of the
earlier orders passed by this Court from time to
time including the orders dated 10th April,
2012, 12th June, 2012, 27th September, 2013
and 11th December, 2014. 2. We find that in
various orders the State has not disputed the
fact that the area Sawantwadi Dodamarg
Corridor is required to be declared as a
Ecologically Sensitive Area. In the
circumstances, we direct the State as also the
Union of India to file compliance report on
affidavit within a week. 3. List on 25th October,
2018.

3. Learned Counsel appearing for the Applicant has

presented before us the Google images of the concerned
sites in support of her contention that the area has got
deteriorated, mining activities are going on, deforestation
is on rise, wild life is not protected. It is submitted that
forest areas need to be protected.

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4. An Affidavit on behalf of the Respondent No.1

dated 23/03/2018 is filed by Shri Pankaj Verma, Scientist,
Ministry of Environment, Forest and Climate Change,
Government of India. In the affidavit it is submitted that
the Union of India cannot declare any region as ESA and
will have to do so in consonance with the response of the
State Government. The learned Government Pleader Shri
Vagyani submits that issue will be discussed with the
Member/Secretary of the Revenue and Forest Department.

5. We direct the Member/Secretary to take up the issue

on priority. Learned Government Pleader shall make a
statement accordingly on the next date.

6. Stand over to 05/12/2018. To be placed as 'First on

Board'.

7. A Senior Official in the department of Revenue and

Forest and from the Collector's office at Sindhudurga shall
remain present before this Court on the next date.

8. Learned GP to communicate the order to the

concerned parties.”
(emphasis supplied)

19. Despite the consensus to declare this Corridor as an

Ecologically Sensitive Area, the issue was kept pending at the
administrative level. Meanwhile, the area suffered tree cutting and
degradation due to harmful activities. Taking note, the Division
Bench on 5 December 2018 directed as follows:
“1. ….

2. Perused the affidavit tendered by the learned

Government Pleader and considered the submissions.
Learned Senior Counsel for the petitioners brought on

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record the condition of degradation of the forest and the

need to take immediate steps to protect the wildlife in
Dodamarg Taluka of District - Sindhudurg. This is a fit
case for the State and Central Government to take
cognizance and appropriate steps to protect the wildlife
and declare the said area as Ecologically Sensitive Area
(ESA).

3. …

4. In the meanwhile, we direct the respondents not to

allow tree cutting/felling in Dodamarg Taluka, District–
Sindhudurg. The Collector / concerned official shall
monitor the same.

5. ….”
(emphasis supplied)

20. In one of the orders, the Court raised a query concerning

the National Green Tribunal Act, 2010. However, during the
hearing before us, this issue was not raised by any of the
Respondents. That is so because the petitions are now restricted to
the declaration of the Sawantwadi-Dodamarg Corridor as an
Ecologically Sensitive Area as per the Court's orders, and various
issues under the Wildlife Protection Act are to be addressed.

21. Since there was no progress on the declaration of the

Sawantwadi-Dodamarg Corridor as an Ecologically Sensitive Area
for a decade, Interim Application No. 556/2022 was taken out in
PIL No. 198/2014 by Petitioner- Vanashakti, seeking direction to
the Respondents for declaration by giving effect to the directions

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issued by this Court in the order dated 27 September 2013. A

grievance was also made about the fact that despite the embargo on
tree cutting/felling in Dodamarg Taluka, District– Sindhudurg, the
tree felling took place in contravention of the Court orders.

22. Both the petitions along with Interim Application

No.556/2022 were heard on 23 August 2023. The Petitioners
pointed out that the order dated 27 September 2013 is not set aside
or modified, neither challenged and still not complied with within
30 days as directed. The Petitioners pointed out that initially steps
would have to be taken by the State Authorities, and thereafter,
Respondent No.1 – Ministry of Environment, Union of India. The
Court, thus, directed the Respondent- State to place on record the
steps taken since the order of 27 September 2013.

23. An affidavit was filed by the State Government on 26

October 2023. During the hearing, on 14 December 2023, the
learned AGP drew the attention of the Court to the reply affidavit
filed by the Principal Secretary (Forest), Revenue and Forest
Department, Government of Maharashtra dated 26 October 2023.
It referred to the draft notification issued by the Ministry of
Environment, Forest and Climate Change on 6 July 2022, and the
study report prepared by the Wildlife Institute of India. The learned
AGP argued that, as per the legal position, since the draft
notification has been issued by the Ministry of Environment and

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Forests (MoEF), which covers eleven villages, the MoEF should take
the process further. Since this stand was not taken in the reply
affidavit and argued as a legal position, the Court directed that the
stand of the State be placed on record by way of reply affidavit.

24. The petitions came up for further consideration on 19

January 2024, when the reply affidavit filed by the Principal
Secretary (Forest) of the State was submitted. The reply stated that
the State Government has also issued a Government Resolution
dated 26 August 1997 declaring Sindhudurg district as a 'tourism
district' to promote eco-friendly tourism, and the Government
Resolution specifically prohibited the establishment of chemical and
dangerous industries in the district, and these measures are deemed
sufficient to take care of the sustainable development of the entire
district without causing any damage to the environment. It was
further stated that the State Government has already taken various
measures to protect the functional wildlife corridor. It was
submitted that the area is already declared as Conservation Reserve.
Having perused the affidavit and the argument of the learned AGP
that the affidavit dated 26 October 2023 the Court found that it was
not in opposition by the State Government to declare the villages as
Ecologically Sensitive Areas if the Ministry of Environment and
Forest declares so. The Court observed that since the State
Government has made its stand clear, it is up to the Central
Government to decide whether all 25 villages should be declared as

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Ecologically Sensitive Areas, shifting the focus to the Ministry of

Environment and Forest, Union of India. The learned Counsel for
the MoEF took time to clarify its stand regarding declaring the
Sawantwadi-Dodamarg Corridor as Ecologically Sensitive Area.

25. Thereafter, the MoEF has filed its additional affidavit. It

is stated in the reply that a High-Level Working Group (HLWG)
under the Chairmanship of Dr. K. Kasturirangan was constituted on
17 August 2012, and based on the recommendations of the HLWG,
the draft Notification for Ecologically Sensitive Areas (ESA) of the
Western Ghats was first published on 10 March 2014, covering an
area of 56825.7 sq. km across six states, namely Kerala, Tamil Nadu,
Goa, Karnataka, Maharashtra, and Gujarat, falling in the Western
Ghats region, as Ecologically Sensitive Areas. It was submitted that
despite a series of meetings to address the concerns and
apprehensions of the concerned State Governments and other
stakeholders, the draft of the Western Ghats Eco-sensitive Area
could not be finalized as the State Governments have requested
changes/modifications. A Committee was constituted to re-examine
the suggestions of the six State Governments. It was submitted that
out of the 25 villages from Sawantwadi and Dodamarg talukas
mentioned in the Petition, 11 villages already feature in the draft
WGESA notification. The remaining 14 villages, which consist of 1
village from Sawantwadi taluka and 13 villages from Dodamarg
taluka, are not featured in the draft WGESA notification, since the

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MoEF has not received any proposal for inclusion of the remaining
13 villages of the Dodamarg taluka and 1 village of Sawantwadi
taluka from the Government of Maharashtra. Reference was made
to the affidavit of the State that the area is notified as a conservation
reserve.

26. The Petitioner, Vanashakti, has filed an additional

affidavit and placed the Report of the Wild Life Institute of India on
record. Thus, the pleadings are complete and we have taken the
petitions for hearing.

27. Mr. Zaman Ali, learned Counsel for the Petitioners in

PIL No.198/2014. Ms. Bhakti Jain, learned Counsel for the
Petitioner in PIL No.179/2012 . We have heard Mr. Rui Rodrigues,
learned Counsel for the Union of India in PIL No.179/2012 and
Mr. Parag Vyas, learned Counsel for the Union of India in in PIL-
198/2014 and Mr. M.M. Pabale, Assistant Government Pleader for
Respondent- State.

28. As noted above, various orders passed by this Court

from the year 2012 are not challenged or, varied or set aside and
continue to bind the State government and the MoEF. There is no
debate raised before us, either by the State of Maharashtra or by the
Ministry of Environment and Forest (MoEF for short), regarding the
ecological importance of the Sawantwadi-Dodamarg Corridor and

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the need to protect its biodiversity and environment. The earlier

orders would show the discussion centered around the modalities for
declaration of the Corridor as an Ecologically Sensitive Area.

29. It is admitted that these petitions now concern only

about the 25 villages that is the Sawantwadi-Dodamarg Corridor
which, under the directions of this Court in the order dated 27
September 2013, are to be declared as Ecologically Sensitive Area.
To restate the names of the said villages are: Kumbral, Panturli,
Talkat, Zolambe, Kolzar, Shirwal, Ughade, Kalane, Bhikekonal,
Kumbhawade, and Khadpade in taluka-Dodamarg, and Asaniye,
Padwe Majgaon, Bhalawal, Tamboli, Saramale, Nevli, Dabhil,
Otawane, Konshi, Gharpi, Udeli, Kesri-Phansawade in taluka-
Sawantwadi, and Bhekurli, Fukeri in Banda taluka. Eleven out of 25
villages feature in the draft of the Western Ghats Ecologically
Sensitive Area. For the remaining, the MoEF is awaiting the
proposal from the State Government. Two issues arise for
consideration. First, whether designating the area as Conservation
Reserve is sufficient not to notify it as an Ecologically Sensitive Area.
Second, whether the notification for this Corridor should await the
finalisation of the large Western Ghats Ecologically Sensitive Area.

30. There is no merit in the Respondent's contention both,

in law and fact that the Corridor has been protected as a
Conservation Reserve by the State Government and no separate

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status as an ecologically sensitive area may be required. There is no

denial of the ecological importance of the Sawantwadi-Dodamarg
Corridor. In the affidavit dated 25 June 2012 filed by the Deputy
Conservator of Forests, the State Government has accepted that the
Sawantwadi-Dodamarg Corridor Sindhudurg-Dodamarg is a
continuous stretch of vegetation and serves as a passage for wildlife
movements in the area and declaring it as an Ecologically Sensitive
Area would benefit the protection and conservation of the
ecosystem, including wildlife and biological diversity and ecological
importance. In the affidavit filed on 18 September 2018, the MoEF
has also acknowledged this position, stating that the affidavit of the
State Government dated 25 June 2012 clearly establishes the
ecological importance of the Sawantwadi-Dodamarg Corridor. This
Court, by order dated 27 September 2013, directed the State
Government and the Union of India to work out modalities and
notify the Sawantwadi-Dodamarg Corridor as an Ecologically
Sensitive Area. Therefore, this cannot be substituted by a
Conservation Reserve.

31. Secondly, in law the Conservation Reserves and

Ecologically Sensitive Areas are two different concepts. Ecologically
Sensitive Areas are to be notified under the Environment Protection
Act, 1986, and the Environment (Protection) Rules, 1986.
Conservation Reserves are declared under Section 36A of the
Wildlife Protection Act, 1972. The Petitioners have rightly argued

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that for these two categories the degree of protection differs and this
legal position is not controverted.

32. Thirdly, the Petitioner- Vanshakti has placed on record a

chart which demonstrates that only 2 villages form part of the
Conservation Reserve. The chart is as under:

List of 25 villages under List of villages List of villages

Order dated 27.09.2013 under under notification
directed to be notified as notification dated 15.03.2021
Ecologically Sensitive Area dated declaring
(ESA) 22.06.2020 “Amboli-
declaring “Tillari Dodamarg
Conservation Conservation
Reserve” under Reserve” under
WPA, 1972 WPA, 1972

Taluka Taluka Taluka Dodamarg

Dodamarg Dodamarg 1. Ghodge Wadi
1. Kumbral 1. Bambarde 2. Morle
2. Panturli 2. Ghatiwade 3. Tervan
3. Talkat 3. Kendre KD 4. Medhe
4. Zolambe 4. Kendre BK 5. Khadpade
5. Kolzar 5. Patiye 6. Bhekurli
6. Shirwal 6. Shirange
7. Ughade 7. Konal Taluka
8. Kalane 8. Alnode Sawantwadi
9. Bhikekonal 9. Hewale 7. Parpoli

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10. Kumbhawade 10. Medhe 8. Amboli

11. Khadpade 9. Nene
10. Masure
Taluka 11.Kegad
Sawantwadi 12. Choukul
12. Asaniye 13. Kumbhwa
13. Padwe de
Majgaon
14. Bhalawal
15. Tamboli
16. Saramale
17. Nevli
18. Dabhil
19. Otawane
20. Konshi
21. Gharpi
22. Udeli
23. Kesri-
Phansawade

Taluka Banda
24. Bhekurli
25. Fukeri

Therefore, even otherwise, only 2 villages, that is, Khumbhwade and

Bhekurli out of 25 villages from the Sawantwadi-Dodamarg

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Corridor are covered by the Tillari Conservation Reserve and

Amboli Conservation Reserve. Therefore, the argument based on the
declaration of the Conservation Reserve made by the State
Government and the Union of India is entirely misplaced.

33. Now, we turn to the material on record, which further

justifies the declaration of the Sawantwadi-Dodamarg Corridor as an
Ecologically Sensitive Area. This material is from the record of the
Respondents such as the study reports commissioned by the
Respondents and the internal correspondence. Apart from the order
dated 27 September 2013, this subsequent material clearly shows
that all parameters for declaring this Corridor as an Ecologically
Sensitive Area under the Act of 1986 and Rules are satisfied.

34. Firstly, the Petitioner- Vanshakti, has placed on record a

report submitted to the Chief Conservator of Forest dated 9/14
November 2014. According to the Petitioner, the Respondent-
State has withheld this crucial Report from the Court. The Report's
title is "Rapid Assessment of Biodiversity in 25 villages in the
Sawantwadi-Dodamarg Region". The Report refers to the order
passed by this Court directing the State Government to forward the
proposal based on the ground-level information for the declaration
of Sawantwadi-Dodamarg Corridor as Ecologically Sensitive Area.
The Report states that the survey was conducted at the request of the
Chief Conservator of Forest, Kolhapur Division, for supplying

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ground-level information. In this Report, the study which led to the

Report considering the ecological value of Sawantwadi-Dodamarg
Corridor. It has placed on record the details of various species of
mammals, birds, butterflies, reptiles etc., showing the richness of the
biodiversity of the area.

35. Second, in the additional affidavit, Petitioner-Vanshakti

has annexed the communication dated 25 June 2020 issued by the
office of the Principal Chief Conservator of Forests to the Secretary
of the Maharashtra State Biodiversity Board. It refers to the opinion
sought as regards the 25 villages in the Sawantwadi-Dodamarg
Corridor. The Principal Chief Conservator of Forest (Wildlife) has
described the Sawantwadi-Dodamarg Corridor as a treasure of
biodiversity, and it is a home of rare species whose protection is
crucial. The Principal Chief Conservator of Forest (Wildlife) has
given the specific opinion that to protect the area's biodiversity and
the environment in general; it is vital to include these 25 villages in
Sawantwadi-Dodamarg Corridor as Ecologically Sensitive Area.
The Principal Chief Conservator of Forest (Wildlife) has referred to
the Report ( Rapid Assessment of Biodiversity in 25 villages in the
Sawantwadi-Dodamarg Region). The communication also refers to
the fact that various stakeholders have expressed their opinions that
the Sawantwadi-Dodamarg Corridor is required to be declared as an
Ecologically Sensitive Area. This is the opinion of the senior most
officer in the Wildlife Department of the State Government.

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36. The third and most important material is the report of

the Wildlife Institute of India. In response to the orders passed by
this Court in this Petition, the State of Maharashtra, by letter dated
22 October 2018, requested the Wildlife Institute of India (WII) for
a detailed study of 25 villages for the creation of an Ecologically
Sensitive area in the Sawantwadi-Dodamarg region of Sindhudurg
District of Maharashtra. The scope of the study was to ascertain
whether the Sawantwadi-Dodamarg region of the Sindhudurg
District of Maharashtra has any wildlife corridor value. Secondly,
whether the said region has a significant presence of wildlife fauna,
including tigers and elephants. If the answer to any of the above
questions was to be affirmative, then the extent of Corridor or
wildlife presence in the area and necessary measures to conserve the
biodiversity of the region which would also include the proposal for
delineation of the area for notification as Ecologically Sensitive Area.

37. Wildlife Institute of India conducted a detailed study of

the 25 villages. WII conducted detailed fieldwork, which covered
more than 500 sq. km of Dodamarg and Sawantwadi Talukas, and
the camera trap captured 21 species of mammals, of which the
majority (81%) were found in Dodamarg Taluka and 71% in
Sawantwadi Taluka. The WII Report is divided into 7 chapters.
Chapter 1 deals with Introduction, Chapter 2 deals with the Study
area covered, Chapter 3 deals with the status and distribution of

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mammalian fauna, Chapter 4 deals with habitat characterization,

anthropogenic factors, and habitat use, Chapter 5 deals with the
status of tigers in studied villages, Chapter 6 deals with the status of
elephants in studied villages, and Chapter 7 provides suggestions on
villages that are to be included in the Ecologically Sensitive Area of
the Sawantwadi-Dodamarg Wildlife Corridor.

38. The important observations and findings in the WII

Report are as follows:
1.4 Sawantwadi-Dodamarg Wildlife Corridor (SDWC): A
corridor of critical importance in Sahyadri-Konkan
Landscape:

Large carnivores have essential roles in many ecosystems,

and their habitats rapidly become fragmented and isolated.
Scientific studies have found that connectivity between
habitats through corridors is critical to maintaining viable
populations of large carnivores in the near future. The
National Tiger Conservation Authority (NTCA),
constituted under the Wildlife (Protection) Act, 1972
(amendment 2006), defines wildlife corridors as inherent
geographical linkages (through forests, river courses or
other habitat attributes) which facilitate the movement of
tigers and other wild animals from one source area to
another. The National Wildlife Action Plan 2017-2020,
released in February 2016, foresees corridor protection as
an essential aspect of wildlife conservation. The plan
suggests on the ground demarcation of identified
corridors, and restricted land use change in important
corridor areas, in addition to proposing guidelines for
making state corridor management plans. The plan also
recognizes the need for long-term strategies for corridor
management in the country. It seeks to make provision in

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the Wildlife (Protection) Act for identifying the areas of

extended habitats and migratory routes (buffers and
corridors) of species – a huge step in providing legal
protection to corridors. The plan does offer the right
direction for corridor protection in India. However, it
remains to be seen if the plan manifests itself in more
robust legislative and policy reforms in the near future.
Generally speaking, a corridor can be defined as ‘linear
landscape elements, meant to establish/facilitate
connectivity across habitats and increase survivorship by
increasing the diversity of specific gene pools.’ (Varma,
2008) In more technical parlance, ecological literature
defines corridors as a fundamental landscape element (the
other two are patch and matrix), being narrow strips of
land which differ from the matrices on either side.

A Critical Ecosystem Partnership Fund report (Bawa et al.,

2007) identified five landscape-scale units for
conservation importance in WG and one landscape unit
from the Sahyadri Tiger Reserve (STR) comprised of
Koyna Wildlife Sanctuary and Chandoli National Park to
the Kali Tiger Reserve (KTR), until the river Kali, was
identified as the “Sahyadri-Konkan Corridor” (Fig. 1.3).
The Sahyadri-Konkan corridor comprises three protected
areas in Maharashtra, five in Goa, and three in Karnataka.
Its total size is about 10, 800 sq. km, and there are two
tiger reserves, the Sahyadri Tiger Reserve in Maharashtra
and Kali Tiger Reserve in Karnataka. This corridor is the
northernmost limit where tigers and dholes still occur in
the Western Ghats. However, the connectivity is
threatened due to large-scale habitat modification outside
protected areas. The contiguous forests of Goa, Karnataka
and Maharashtra and the reserve forests have been named
Tiger Conservation Units (TCU), and their habitat may
support around 50 tigers.

****

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Chapter – 7: Villages suggested for inclusion in Eco-

Sensitive Area (ESA) of Sawantwadi and Dodamarg taluka

7.2. Landscape of villages suggested for inclusion as ESA:

7.2.1. Dodamarg taluka

Based on the extensive and intensive field sampling in the

studied villages of Sawatnwadi-Dodamarg Wildlife
Corridor (SDWC) (Chapter 2), we assessed and
determined the status of wildlife species and habitat and
landscape characteristics and information has been given
under Chapters 3 to 4. We noted the presence of 21
species in the studied area; three were endangered as per
the IUCN list, i.e. tiger, wild dog and pangolin. We also
generated maps of the spatial distribution, abundance,
species richness and diversity of mammal species across
the landscape of studied villages, and we found that the
northern, eastern and southern parts of the Dodamarg
taluka are the most potential wildlife habitat and provide
the perennial water source of Tillari dam to the wildlife
species.

We also characterize the landscape features concerning

terrain features, vegetation composition, and extent of
anthropogenic factors. We describe details of these under
Chapter 4. Published literature has significantly
documented that the mountainous terrain provides ideal
habitat to different wildlife species because of the
presence of diverse niches in comparison to other terrain
types. Such habitats are known to have different stream
orders. We observed that most of the dominant hilly
terrains are distributed in northern, eastern and southern
parts of the studied landscape of SDWC. These are well
connected in the north with another wildlife habitat of
Maharashtra, the east region with Karnataka and the
south with Goa. We delineated these areas in the
landscape of DWC. (Details are in Chapter 4).

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4. Vegetation characteristics have indicated that the

landscape still has reasonably good tree density and
canopy cover and has the potential wildlife habitat. Most
of the villages of hilly terrain have high tree density and
tree cover. We used per cent greenness or openness across
the studied villages. Areas of > 100 m altitude have a
higher proportion of greenness or low openness, most of
which are in the northern, eastern, and southern parts of
the Dodamarg.

5. Among the anthropogenic factors, though we

observed human movement disturbance during the
daytime, such activity was relatively low during the night
in the northern, eastern and southern parts of the
Dodamarg taluka.

Literature has also suggested using flagship and long

raging species such as tigers and elephants for landscape
conservation and connectivity planning because the tiger
requires high-quality and undisturbed habitats. In
contrast, elephants need a larger landscape to meet food,
water, and cover. Regional analysis of these two species
concerning terrain characteristics, habitat and other
factors are as follows:
..... ..... ..... ..... ..... .....

Hence, based on species distribution, occurrence,

distribution pattern, terrain and habitat characteristics
contiguous within Dodamarg taluka and with the
adjoining landscape, we identify 35 villages viz. 35
villages viz. Awade, Aynode, Bambarde, Bhekurli,
Bodade, Fukeri, Ghatiwade, Ghotge, Ghotgewadi,
Hewale, Kendre Bk., Kendre Kh., Ker, Khadpade Tarf
Banda, Khanyale, Khokaral, Kolzar, Konal, Mangeli,
Morle, Pal, Palye, Parme, Patye, Sargave, Shirange,
Shirwal, Sonawal, Talekhol, Talkat, Terwan,
Terwanmedhe, Usap, Virdi, Zolambe which are critical
for retaining the connectivity within Dodamarg taluka

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and adjoining habitat of Maharashtra, Karnataka and

Goa. Hence, these villages may be considered Eco-
Sensitive Areas (Fig. 7.4).

***

7.2.2. Sawantwadi taluka: All the villages suggested by the

WGEEP for the Sawantwadi taluka has already been
covered through draft notification issued by the Ministry
of Environment and Forests, Govt. of India vide S.O.
5135 (. E) dated 03.10.2018 except two villages viz.
Bhalawal and Otavane (Fig. 7.4). We believe if
development comes in these two villages in future, north-
western ESA villages may be lost and area may be
isolated. In view of avoiding any further isolation among
the notified ESA villages of the Sawantwadi taluka, we
suggest for inclusion of these two villages as ESA.

Based on the landscape connectivity configuration of the

Sawantwadi taluka as SDWC, we noticed that two villages
viz. Kalambist and Satuli are not included as ESA but
amidst within the declared ESA villages (Fig. 7.4).
Wildlife status of these villages was not undertaken as
these were not part of selected villages for the study.
Though these are not presently part of the ESA but we
believe that development activities may take place in
future and may affect the overall composition and
configuration of SDWC. Additionally, therefore, we
suggest for inclusion of Kalambist and Satuli villages of
the Sawantwadi taluka as ESA because of their strategic
location within the declared ESA villages of the
Sawantwadi taluka.

***
Summary and Recommendations:

The Hon’ble Bombay High Court directed the

Maharashtra State Government to forward a proposal

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based on ground-level information for the declaration of

Sawantwadi and Dodamarg regions as the ecologically
sensitive region in response to a Public Litigation (PIL
no.179) filed by Awaz Foundation. Given this, Officer on
Special Duty, Revenue and Forest Department, Govt. of
Maharashtra, vide his letter No. S-30/0914/CR-259/F-1
dated 22nd October 2018 has requested the Institute for a
detailed study of 25 villages for the creation of ESZ/ESA
in the Sawantwadi-Dodamarg region of Sindhudurg
District of Maharashtra. Subsequently, it was suggested to
include all villages of Dodamarg Taluka for detailed study
vide letter no. S-30/0914/CR-259/F-1 dated 04.12.2018
(Annexure I). Hence, the following tasks were proposed:

1. Whether the Sawantwadi-Dodamarg region of the

Sindhudurg District of Maharashtra has any wildlife
corridor value?

2. Whether the said region has a significant presence

of wildlife fauna, including tigers and elephants?

3. If the answer to any of the above questions is

affirmative, the extent of such corridor or wildlife
presence in the area and necessary measures to conserve
the biodiversity of the region. This would also include the
proposal for delineation of the area for notification as
ESZ with suggestions for regulatory regimes conducive to
wildlife conservation.

4. We conducted field work to determine the status of

wildlife and habit at between March 2021 to May 2022 of
Dodamarg and Sawantwadi talukas. These were
determined in 442 grids, each of 2 km2 covering 15 (126
km2) and all villages (500 km2) of Sawantwadi and
Dodamarg talukas respectively. We assessed spatial
variation in wildlife species occurrence and abundance
concerning habitat characteristics using camera traps,

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habitat quantification, terrain complexities, the extent of

human disturbance, structured questionnaire, crop
depredation compensation data of Dodamarg taluka, and
Remote Sensing and GIS analysis. We deployed 323
camera traps; however, data could be retrieved only from
304 camera traps due to theft (14) and non-functional
(5). These functional camera traps resulted in 9281 trap
nights.

5. During our study period, camera trap sampling

resulted in 21 species of mammals, such as Tiger
(Panthera tigris), leopard (Panthera pardus fusca), wild
dog (Cuon alpinus), sloth bear (Melursus ursinus), gaur
(Bos gaurus), sambar (Rusa unicolor), barking deer
(Muntiacus muntjac), four horned antelope (Tetracerus
quadricornis), mouse deer (Moschiola indica), wild pig
(Sus scrofa), bonnet macaque (Macaca radiata), hanuman
langur (Semnopithecus entellus), Indian hare (Lepus
nigricollis), Indian porcupine (Hystrix indica), palm civet
(Paradoxurus hermaphroditus), small Indian civet
(Viverricula indica), ruddy mongoose (Herpestes smithii),
grey mongoose (Herpestes edwardsii), rusty spotted cat
(Prionailurus rubiginosus), strip necked mongoose
(Herpestes vitticollis) and pangolin (Manis crassicaudata).
Among the birds, most commonly captured were peafowl
(Pavo cristatus) and grey junglefowl (Gallus sonneratii).
Of these species, more than five wildlife species were
captured in the majority of villages (81%) of Dodamarg
taluka where, as was 71 per cent in the studied villages of
Sawantwadi Taluka.
….. ….. ….. ….. …..

10. Based on the analysis of wildlife status, habitat use,

terrain heterogeneity, and habitat connectivity landscapes,

our recommendations are as follows:

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1. a. Species richness, Relative abundance Index of different

mammal species and habitat characterization suggest that
the Sawantwadi- Dodamarg region of Sindhudurg District
of Maharashtra has wildlife corridor value.
2. We observed the presence of tigers, elephant use, and
other wildlife species in the Sawantwadi-Dodamarg
Wildlife Corridor (SDWC). Movement of the tiger was
also reported earlier between Sahyadari Tiger Reserve, Ma-
harashtra and Kail Tiger Reserve, Karnataka, through
SDWC. Hence, all these observations indicate the signifi-
cance of the habitat connectivity landscape between the
northern and central Western Ghats.
3. Sawantwadi Taluka:
We conducted the fieldwork in WGEEP recommended
villages of Sawantwadi taluka for inclusion as ESA.

(a) All these villages recommended by WGEEP have

already been included as ESA except for two villages, viz.
Bhalawal and Otavane vide draft notification S.O. 5135
(E) dated 03.10.2018 issued by the Ministry of
Environment, Forest and Climate Change, Govt. of India
(Annexure IV).

(b) herefore, it is suggested that Bhalawal and Otavane

villages of Sawantwadi taluka, as indicated by WGEEP,
should also be included in ESA for retaining the habitat
connectivity within Sawantwadi and Dodamarg talukas as
SDWC (Fig. 7.4).

(c) Based on the landscape connectivity configuration

of Sawantwadi taluka as SDWC, we noticed that two
villages viz. Kalambist and Satuli are not included as ESA
but amidst within the declared ESA villages (Fig. 7.4).
Wildlife status of these villages was not undertaken as
these were outside the selected villages for the study.
Though these are not presently part of the ESA, we

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believe that development activities may take place in the

future and may affect the overall composition and
configuration of SDWC. Therefore, we suggest including
the Kalambist and Satuli villages of Sawantwadi taluka as
ESA because of their strategic location within the declared
ESA villages of Sawantwadi taluka by Govt. of India.

d. Dodamarg taluka:

(i) Dodamarg taluka of 500.10 km2 has 62 village (Do-

damarg taluka:
(ii) Ten villages were suggested for ESA by the WGEEP
committee and are not part of the Tillari Conservation
Area (TCA) and Amboli-Dodamarg Conservation Reserve
(ADCA).
(iii) Based on the analysis of species occurrence, richness,
diversity, habitat suitable for wildlife use and retaining the
connectivity, we recommend the inclusion of 35 villages as
ESA viz. Awade, Aynode, Bambarde, Bhekurli, Bodade,
Fukeri, Ghatiwade, Ghotge, Ghotgewadi, Hewale, Kendre
Bk., Kendre Kh., Ker, Khadpade Tarf Banda, Khanyale,
Khokaral, Kolzar, Konal, Mangeli, Morle, Pal, Palye,
Parme, Patye, Sargave, Shirange, Shirwal, Sonawal,
Talekhol, Talkat, Terwan, Terwanmedhe, Usap, Virdi, Zo-
lambe.
(iv) Whereas Kumbhavade of Dodamarg taluka has al-
ready been declared as ESA under Sawantwadi taluka vide
draft notification S.O. 5135 (E) dated 03.10.2018 issued
by the Ministry of Environment, Forest and Climate
Change, Govt. of India.
(v) These villages (n=36) cover an area of approximately
338 km2 where most of the forest habitats are still intact,
connecting the adjoining conservation landscape of Goa
and Karnataka.
***

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(emphasis supplied)
The WII report states that tiger movement was recorded in six
villages: Mangeli, Bhekurli, Bambarde, Shirange, Ker, and twenty-
two independent tiger photo captures were recorded. The study
records the presence of 21 species of mammals, such as tiger, leopard,
wild dog, sloth bear, gaur, sambar, barking deer, four-horned
antelope, mouse deer, wild pig, bonnet macaque, Hanuman langur,
Indian hare, Indian porcupine, palm civet, small Indian civet, ruddy
mongoose, grey mongoose, rusty spotted cat, strip-necked
mongoose, and pangolin. The WII study categorically records that
the Sawantwadi-Dodamarg Wildlife Corridor is a critical connecting
link and bottleneck between the Northern and Central Western
Ghats in the Sahyadri-Konkan corridor. Based on species
distribution, occurrence, distribution pattern, terrain, and habitat
characteristics contiguous within Dodamarg taluka and with the
adjoining landscape, WII identified the villages: Awade, Aynode,
Bambarde, Bhekurli, Bodade, Fukeri, Ghatiwade, Ghotge,
Ghotgewadi, Hewale, Kendre Bk., Kendre Kh., Ker, Khadpade Tarf
Banda, Khanyale, Khokaral, Kolzar, Konal, Mangeli, Morle, Pal,
Palye, Parme, Patye, Sargave, Shirange, Shirwal, Sonawal, Talekhol,
Talkat, Terwan, Terwanmedhe, Usap, Virdi, Zolambe, as critical for
retaining the connectivity within Dodamarg taluka and adjoining
habitat of Maharashtra, Karnataka, and Goa. The WII Report
unequivocally recorded that the Sawantwadi -Dodamarg corridor
needs to be notified as an Ecologically Sensitive Area.

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39. Petitioner-Vanashakti has presented the information

regarding the treatment of villages by WII in its report in the
form of a chart as follows:

Sawantwadi Taluka

Sr. Names Treatment of subject- Additional Remarks

No of matter villages by Wildlife
. Villages Institute of India (WII) in
its report of January, 2023
1 Asaniye These 10 villages are In addition to the 12
2 Dhabil identified for protection by villages stated herein, WII
WII and have been recommends addition of 2
3 Gharpi conclusively more villages, viz.
4 Konshi recommended to be Kalambist and Satuli are
(Konas) included in the ESA. not included as ESA. WII
5 Kesri - states that future
Phansawad WII also records that these development activities in
e 10 villages already form a these 2 villages may affect
6 Majgaon part of the draft the overall composition
7 Saramale notification covering the and configuration of the
entire Western Ghats as Wildlife Corridor. Hence,
8 Nevli
(Should be ESA (part of the Fourth its inclusion is necessary.
Nhaveli, Draft Notification S.O. (Page 95 of the WII
Part 5135(E) dated 03.10.2018 SWDM-WC Report)
of on ESA for Western
Saramale)
Ghats)
9 Tamboli

(Page 95 of the WII

SWDM-WC Report)

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10 Udeli
11 Bhalawal These 2 villages have also
been identified by the WII
as a critical habitat area
12 Otawane and conclusively
recommended to be
included in the ESA.

Dodamarg Taluka

Sr. List of Wildlife Institute of India Additional

No. Villages Remarks
1 Kumbhawade This village has been
identified by the WII as a
critical habitat area
recommended for inclusion.

This village also forms a part

of the larger draft
notification of the entire
Western Ghats (part of the
Fourth Draft Notification
S.O. 5135(E) dated
03.10.2018 on ESA for
Western Ghats)

(Page 91 of the WII SWDM-

WC Report)
2 Bhekurli These 7 villages have been
3 Fukeri identified by the WII as a
critical habitat area and
4 Khadpade conclusively recommended

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Tarf Banda to be included in the ESA.

5 Kolzar
(Page 91 of the WII SWDM-
6 Shirwal WC Report)
7 Talkat
8 Zolambe
9 Bhikekonal These 5 villages have not
been included by WII.

However, it is pertinent to
note that WII conducted its
site visit between March
2021 - May 2022 whereas
these villages have
witnessed massive
deforestation and
degradation in the years
10 Kalane between 2014-2019 which
11 Kumbral have been documented by
12 Panturli the Applicants in its report
at Exhibit - J to the IA.
13 Ughade
(Page 140-142: Ugade
Page 143-145: Panturli
Page 192-196: Kumbral
Page 237-239: Kalane)

Therefore because of
massive deforestation and
no restoration, the
ecological value may have
denuded. However, these 5
villages form a part of the
original 2013 proposal and
ought to be included in the

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final ESA notification of 25

villages concerning the
present petition.

40. It is pertinent to note that WII Report has recorded that

there is a Gramsabha resolution from the cluster of 25 villages from
Sawantwadi and Dodamarg talukas of Sindhudurg district that they
wish their areas to be constituted as “ecologically Sensitive”.

41. Petitioner- Vanashakti has alleged large-scale

deforestation in direct violation of the orders of this Court, and no
restoration has been undertaken. Petitioners, based on the satellite
imageries and official information received, has prepared a chart of
the figures as follows:

Sr. Village Official data Data provided by Petitioners

No. of area of
deforestation
1. Kalane 32.25 ha. 30.4 ha.
(at Pgs. 237-240 of the
IA/556/22)
2. Kumbral 14.67 ha. 15.6 ha.
(at Pgs. 192-196 of the
IA/556/22)
3. Konal 3 ha. 3 ha.
(at Pgs. 156-158 of the
IA/556/22)
4. Panturli 1.97 ha. 1.97 ha.
(at Pgs. 143-145 of the
IA/556/22)

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5. Ugade 0.57 ha. 2.42 ha.

(at Pgs. 140-142 of the
IA/556/22)

The Petitioner Vanashakti has alleged that deforestation has

increased human-wildlife conflict in these villages and the
authorities are required to revive and restore the denuded forest
lands by declaring all 25 villages as an Ecologically Sensitive Area.
Interim orders are operating in the Petitions prohibiting tree-cutting
in the Sawantwadi-Dodamarg Corridor. These orders have been
passed on 10 April 2012, 12 June 2012, and 5 December 2018. The
Petitioner has stated that there has been large-scale deforestation in
the village of Sasoli in Dodamarg taluka of more than 300 acres in
recent years. The Petitioner has stated that deforestation in various
villages in Dodamarg Taluka has been documented in a tabular
manner in the register of the Forest Department and has been
received by the Petitioner. According to the Petitioner, deforestation
in the Sawantwadi-Dodamarg area is approximately 639.62 hectares.
There is no specific denial of this assertion. This position is a matter
of serious concern; not only is there wanton destruction in the
critical Wildlife Corridor whose ecological value is beyond debate,
but it is also in breach of specific orders of the Court.

42. The next aspect to consider is the stand of MoEF to

connect the issue of notifying Sawantwadi-Dodamarg Corridor to
the a larger draft Western Ghats Ecologically Sensitive Area. The

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reply makes the notifying the Sawantwadi-Dodamarg Corridor,

dependent on the Western Ghats Ecologically Sensitive Area
covering 56,825.7 sq. km across six States: Kerala, Tamil Nadu, Goa,
Karnataka, Maharashtra, and Gujarat. The affidavit states that this
area could not be finalized as the various State Governments have
requested changes/modifications in areas mentioned in the draft, and
the draft has been re-notified five times because several States are
involved, it is taking time to finalize. It is clear that the final
notification of the larger Western Ghats as an Ecologically Sensitive
Area will take considerable time.

43. According to us, and as rightly urged by the Petitioners,

the notifying the Sawantwadi-Dodamarg Corridor as an ecologically
sensitive area need not be tied up with the fate of the larger Western
Ghats Ecologically Sensitive Area and should be considered
separately. As far back as 27 September 2013, this Court had
directed the State Government and MoEF to issue such a
notification. At that time, it was not projected before the Court that
unless the entire Western Ghats Ecologically Sensitive Area covering
56,085.7 sq. km involved in six States is notified, the notification for
the Sawantwadi-Dodamarg Corridor could not be issued. No legal
impediment is shown to us from the affidavit. The studies
commissioned by the Respondents themselves stress on the urgent
need to protect it as an Ecologically Sensitive Area. It is despite
specific directions of this Court in the year 2013, accepted by the

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State and the MoEF, that for some reason or another, the notification
is not being issued. Once both the State Government and MoEF
had given a commitment before this Court, and based on which
orders are passed, and all factors for declaring the Sawantwadi-
Dodamarg Corridor as an Ecologically Sensitive Area are present,
refusal to do so would not only amount to a breach of the orders of
the Court but also a failure of duty. There is no valid reason why
the order dated 27 September 2013 directing the declaration of the
Sawantwadi-Dodamarg Corridor as an Ecologically Sensitive Area
needs to be deferred until the declaration of the entire Western
Ghats is declared as an Ecologically Sensitive Area. From the
affidavit itself, MoEF is clear that this process will take a long time as
it involves various States. Meanwhile, deforestation is damaging this
critical area, and a delayed notification may be too late to save the
region.

44. The matter also needs to be looked at from a broader

perspective. The scientific rationale behind conserving wildlife
corridors and ecology in general is enumerated in detail in the WII
report. The Report emphasizes that global conservation is at a
critical juncture, and concerted efforts are required to ensure the
survival of diverse wildlife. Human activities that alter land use are
the primary reasons for the declining wildlife population, which is a
significant concern. Loss of genetic diversity and gene flow between
populations can lead to demographic and genetic challenges, making

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populations vulnerable and reducing their fitness. The Report states

that to ensure the sustainability of populations, habitat size and
connectivity are essential, facilitating population turnover through
immigration and emigration. Biodiversity plays a crucial role in
human health, economies, and livelihoods. Landscape connectivity
permits organisms and their genes to move across landscapes, but it
is threatened by fragmentation and habitat loss. Conservation efforts
often focus on enhancing connectivity to counteract the effects of
habitat loss and fragmentation on biodiversity and bolster resilience
against climate change. The Report highlights that the loss of
connectivity can reduce the available habitat size and quality,
hindering movement and disrupting ecosystems. Therefore,
preserving ecological networks and landscape connectivity among
different habitats is vital for the long-term survival of populations,
especially in human-dominated landscapes, and mitigating effect of
climate change. The Report emphasizes that wildlife corridors are
essential to link critical habitat areas and facilitate movement. This
allows for greater flexibility and reduces the negative impacts of
fragmentation. Importantly, the Report identifies the Sawantwadi-
Dodamarg Corridor in the Western Ghats as a unique ecosystem
harbouring diverse and endemic taxa. It is one of the world's
"Biodiversity Hot Spots", and retaining connectivity across its
landscape is critical for this ecosystem's ecological and evolutionary
processes.

45. Therefore, once the scientific studies commissioned by

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the Respondents for this very purpose point out the urgent need to
protect the area, delaying the same would frustrate the very object of
the legislature conferring power to declare an ecologically sensitive
area as such. Any further delay would also defeat the object and
purpose behind the orders of the Court and the need to protect the
area as established from the WII Report. While the process for
notifying the larger area of the Western Ghats may go on, there is no
reason why the notification for this Sawantwadi-Dodamarg
Corridor is not issued by the MoEF once the proposal is received
from the State Government. The area is admittedly fragile and
sensitive and needs protection. Concentrating on the smaller area
and according protection to it on an immediate basis could be more
beneficial. Furthermore, the concerned area is a corridor and which
are generally small in size but it provides crucial support to the
health of large protected areas. Therefore, having not found any
valid reason why a separate notification cannot be issued by the
MoEF on an immediate basis for the Sawantwadi-Dodamarg
Corridor as directed by this Court, a time limit has to be placed to
initiate the process. Otherwise, permitting the affairs to linger at
leisure will put this critical Corridor in peril of destruction and
consequently affect the other larger protected areas which this
Corridor connects.

46. The importance of declaring the Sawantwadi-Dodamarg

corridor as an Ecologically Sensitive Area was noted by this Court in
2013, and it has been 11 years since then, yet the modalities are still

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being completed. As noted in the order dated 27 September 2013,

there was a consensus between the Union of India and the State
Government when the order was passed on 27 September 2013.
From the pleadings before us and the arguments by the learned
Counsel for the Union of India and the learned AGP for the State on
instructions also, there is no debate on the importance of this area.
The directions in the order dated 27 September 2013 have not been
challenged and they need to be complied with. The Conservation
Area and the declaration of an Ecologically Sensitive Area are
different concepts with varying degrees of protection, and the order
of the Court is clear to declare an Ecologically Sensitive Area.
According to the Union of India, 14 villages out of 25 are already
included in the draft notification. The remaining 11 villages are
awaiting a proposal from the state government. There is no valid
justification for the State Government not to submit a proposal as
indicated by the MoEF regarding villages in the order dated 27
September 2013.

47. Despite overwhelming scientific evidence and a

consensus on the importance of protecting the critical Sawantwadi-
Dodamarg Corridor, it is unfortunate that very little has been done
over the past decade. To make matters worse, large-scale
deforestation is carried out in clear contravention of this Court's
orders. Article 48A of the Constitution of India lays down Directive
Principles of the State Policy that the State shall endeavour to protect

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and improve the environment and to safeguard the forest and

wildlife of the country. In the case of Intellectuals Forum, Tirupahi
v. State of Andhra Pradesh1, the Supreme Court analysed these
principles. The Supreme Court emphasized that Article 48A
mandates that the State endeavour to protect and improve the
environment to safeguard the forests and wildlife of the country.
Article 51A of the Constitution of India, under which fundamental
duties of the citizens have been enumerated, one is to protect and
improve the natural environment, including forests, lakes, rivers, and
wildlife. These two Articles are to be read along with Article 21 of
the Constitution of India. Section 3 of the Environment Protection
Act, 1986 empowers the Central Government to enact measures
aimed at safeguarding and enhancing the environment. Under
Section 3(1), the Central Government possesses the authority to
implement measures to protect and improve environmental
quality . Section 3(2)(v) of the Act of 1986 empowers the Central
Government to adopt necessary measures to safeguard and enhance
environmental quality. Rule 5(1) of the Rules of 1986 lists factors
to be taken into account and Rule 5(1)(v) identifies biological
diversity preservation as a criterion for consideration by the Central
Government. The material as above clearly demonstrates the
uniqueness of the biodiversity of the Corridor and thus all
parameters under Act and Rules of 1986 are fulfilled for the
declaration of the Corridor as an Ecologically Sensitive Area. The
Hon'ble Supreme Court, in the case of Subhash Kumar v. State of
1 (2006) 3 SCC 549

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Bihar2 has observed that though Articles 48A and 51A individually
may not be judicially enforceable, keeping in mind the sweep of
Article 21 of the Constitution, in case there is the failure of duty to
protect the environment and natural resources of the country, the
High Court could issue necessary directions under Article 226 of the
Constitution of India. A case is clearly made out for issuing
mandatory directions.

48. It thus is imperative that the Sawantwadi-Dodamarg

Corridor is notified as an Ecologically Sensitive Area under the
Environment Protection Act 1986 and the Environment
(Protection) Rules 1986 without any further delay, and it need not
be made dependent on the larger Western Ghats notification, which
will admittedly take a longer time. It is thus necessary to issue time
bound directions and fix responsibility for the same. The learned
AGP submitted that longer time be given considering the ensuing
Loksabha Elections and the Code of Conduct.

49. Till such final notification is issued for this Corridor, the
embargo on cutting trees and damaging the ecology of the
Sawantwadi-Dodamarg Corridor will have to continue. Once the
final notification is issued, the position will be governed by the
notification. The responsibility of ensuring compliance with the
embargo will have to be placed on the senior officers by creating a
Task Force. Adequate publicity will have to be given to the
2 AIR 1991 SC 420: (1991) 1 SCC 598

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embargo, and necessary instructions will have to be issued to the

concerned Authorities. Additionally, a dedicated helpline and social
media access to report complaints to the Task Force about ecological
damage should be created. The Authorities should also make
periodic visits to the area.

50. In light of the above discussion and in furtherance of the

earlier orders, we issue the following directions:

A. The State of Maharashtra shall submit a proposal for

declaring `Sawantwadi-Dodamarg Corridor’ (25 villages as
above) as an Ecologically Sensitive Area to the Ministry of
Environment and Forests, Union of India, within four
months.

B. After receiving the proposal from the State of Maharashtra

as above, the Ministry of Environment and Forests, Union
of India, shall initiate the procedure for issuing a separate
notification to declare the Sawantwadi-Dodamarg Corridor
as an Ecologically Sensitive Area within two months, and
shall issue the final notification after following the due
procedure, as early as possible, preferably within four
months thereafter.

C. We direct that the restraint as per the interim orders of this

Court on tree cutting in the Sawantwadi-Dodamarg
Corridor shall continue until the final notification is issued

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by the Ministry of Environment and Forests, Union of

India, as directed above. Thereafter, the Sawantwadi-
Dodamarg Corridor will be governed by the legal
consequences of the notification as an Ecologically Sensitive
Area.

D. We place the responsibility on the District Collector,

Sindhudurg, the Deputy Conservator of Forests,
Sawantwadi, and the Superintendent of Police Sindhudurg,
to ensure compliance with the mandate against tree cutting
as stated above and to ensure that the Sawantwadi-
Dodamarg Corridor does not suffer ecological damage.
These officers will create a task force (Sawantwadi-
Dodamarg Task Force) for coordination, with one
nominated officer selected by them as the secretary.

E. The Sawantwadi-Dodamarg Task Force, as above, shall issue

necessary instructions to all concerned officers and shall
adequately publicize the restraint orders.

F. The Sawantwadi-Dodamarg Task Force shall publish a

dedicated email address, telephone number, and social
media access for complaints regarding ecological damage
and tree cutting in the Sawantwadi-Dodamarg Corridor and
will take follow-up actions.

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G. All concerned departments of the State and other public and

local authorities shall extend necessary cooperation within
their powers and duties to assist the Sawantwadi-Dodamarg
Task Force in implementing the above directions.

H. The timeline will come into effect from the date the order is
uploaded.

51. Rule in both these petitions is made absolute in the

above terms. The Public Interest Litigations are disposed off.

(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)

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