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The Supreme Court today categorically observed that no State/Union Territory can cause any obstruction in elephant corridors, even on the purported ground of likely harm to persons or property.

Ordering a nationwide survey by the Union, the Court called for a comprehensive report, which shall indicate what steps have been taken by the states to prevent such obstruction and prohibit hulla parties (groups of local youth armed with iron rods/spikes and burning mashaals), use of fireballs, mashaals, etc. against elephants.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with an application filed in the Prerna Bindra case related to human-elephant conflicts. In 2024, the Court had issued notice to the West Bengal government on a contempt petition filed in the case, assailing continuous use of sharp spikes and burning mashaals to drive away elephants.

Today, counsel for the applicant assailed the throwing of fire balls to scare away elephants. She contended that guidelines issued by the Union prohibit such activity.

When the CJI questioned if the alleged activity is taking place in a particular state, the counsel replied that the application had been filed for reliefs qua West Bengal.

At this point, Justice Bagchi noted that the States of Orissa and Chhattisgarh have built up walls in the corridors which are a path of herd of elephants. “What does West Bengal do?”, the judge said.

The CJI on his part questioned Additional Solicitor General Aishwarya Bhati if the Union has undertaken a survey to find out whether the states are adhering to its guidelines/mandatory compliances.

ASG Bhati informed that in 2023, a status report was filed after carrying out an inspection. She further expressed that appropriate regulations are in place, yet a fresh exercise can be conducted.

“These are pathways which are not state-specific. They go across state-borders” Justice Bagchi opined.

“How can they be obstructed by one state by building a wall or laying barbed wires?” CJI questioned.

Ultimately, the bench told ASG Bhati to get a survey conducted to find out steps taken by the states. “No blockade in the elephant corridors is acceptable. That we are very clear about. One state can't really escape like this…that because of damage to crops, farmers are demanding…villagers are afraid...these may be causes. But for these problems - solutions are altogether different. This is not a solution that you block the corridor”, the CJI said.

Case: PRERNA SINGH BINDRA v. NIRAJ SINGHAL, IFS, W.P.(C) No. 489/2018

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