Kuldiha Wildlife Sanctuary

Cuttack, Aug. 23: Orissa High Court today imposed restrictions on the proclamation issued by the state government 27 years ago to give effect to the notification on the Kuldiha Wildlife Sanctuary in Balasore.

The interim order was issued on a PIL seeking quashing of the proclamation related to demarcation of the sanctuary. The Balasore collector issued it on June 16 this year inviting claims and objections from the affected persons as part of enforcement of the notification.

Raghunath Singh and nine other residents of Badeheiplaha, Balimal, Chekamara, Dwarikasuri, Bishnupur, Mukundapur, Tenda, Banthiapada and Siadimal villages, which come under the 272.75sqkm area notified for the Kuldiha Wildlife Sanctuary, had filed the petition.

As per the notification, nearly one-third area of Nilgiri sub-division, including 76 villages, will come under the sanctuary area. The Nilgiri Raja’s palace, circuit house at Panchalingeswar tourist spot and several other government establishments will be under the prohibited areas of the sanctuary.

The petition sought direction for exclusion of “all the villages, schools, hospitals, anganwadi centres, irrigation projects and other public utility centres from the limits of the Kuldiha Wildlife Sanctuary area”.

“After a preliminary hearing today, the two-judge bench of Chief Justice V. Gopala Gowda and Justice B.N. Mohapatra issued an interim stay order on the proclamation issued by the Balasore collector on June 16,” petitioners’ counsel Abhijit Patnaik told The Telegraph.

“The court also issued notices to secretary of the forest and environment department and the Balasore collector,” Patnaik said.

The petition stated the Orissa government had, on January 4, 1984, issued notification for the Kuldiha Wildlife Sanctuary covering an area of 272.75sqkm “for the purpose of protecting, propagating and developing wildlife”. Under Section 18 of the Wildlife (Protection) Act, the collector was expected to issue a proclamation within 60 days specifying the situation and the limit of the sanctuary and inviting submission of claims and rights by persons within two months.

“But unfortunately in the instant case, the Balasore collector has issued the proclamation after 27 years of the date of notification on the sanctuary. Moreover, the proclamation does not reveal about list of the villages covered, nature and extent of right, title and interest of persons existing in or over the land within the limits of the Kuldiha Wildlife Sanctuary. Hence, it is liable to be set aside,” the petition contended.

“Unless the rights of the inhabitants residing within the locality under the purview of the sanctuary area are not properly determined after due enquiry by the concerned authority prescribed under sections 18 B and 19 of the Wildlife (Protection) Act, the inhabitants cannot submit their claim. Thus the proclamation issued by the Balasore collector inviting claims from the affected persons is a fruitless exercise,” the petition contended.