On Friday, the Supreme Court observed that courts would invariably incline in favour of animals when their natural movement is disrupted by human activity undertaken for commercial gain. Hearing challenges raised by hotel and resort owners operating within notified elephant corridors in the Nilgiris, the Court made it clear that economic interests cannot eclipse the survival needs of wildlife, particularly when animals bear the consequences without a voice.
The batch of petitions before the Apex Court has been filed by owners of hotels and resorts situated in the Sigur Plateau region of the Nilgiris, who have been directed to vacate forest land following the Tamil Nadu government’s notification of elephant corridors. These directions trace back to recommendations of a committee appointed by the Top Court, which found that private parties had illegally purchased land falling within identified elephant corridors and that the constructions raised thereon were liable to be removed.
On September 12, the Madras High Court approved the panel’s findings and upheld the need to dismantle such constructions. It was placed before the Supreme Court that over 800 structures, including 39 resorts and nearly 390 houses, existed within the Sigur elephant corridor.
Appearing for the resort and hotel owners, Senior Advocate Salman Khurshid and Senior Advocate Shoeb Alam submitted that the properties had been purchased much before the elephant corridors were officially notified. It was contended that the petitioners were running “eco-friendly” establishments and should be permitted to continue their operations, subject to conditions restricting any further expansion.
It was also urged that multiple connected matters were listed for hearing in January, and a consolidated consideration would be appropriate to ensure uniform adjudication.
The Division Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi observed that “All of you are there for commercial purposes and in the elephant corridor. These constructions interfere with elephant movement… The benefit must go to these animals who are silent victims of these commercial developments.”
The Court further observed that animals suffer quietly when their migratory routes are obstructed by human intervention, and judicial forums cannot remain indifferent to such consequences arising from commercial ventures.
In light of the submissions and the nature of the issues involved, the Apex Court deferred the hearing on the batch of petitions, observing that the matter required detailed consideration. Accepting the request for a collective hearing, the Court adjourned the proceedings to the first week of January, indicating that all connected matters would be taken up together.
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