A few days back, Chandigarh Adviser to the Administrator Dharam Pal claimed that they have got all permissions from the Ministry of Environment, Forest Wildlife and Climate Change to function a walkthrough Aviary of Birds. Whereas the reality is far different than what the Ministry had said in its recent letter to the Chief Wildlife Warden dated 14 September 2021. Rather Department of Environment Forest and Wildlife is in a fix as they had flouted Wildlife Protection Act while buying an Indian Mandarin Duck, which is a prohibited species under the act. Central Zoo Authority had asked them to remove the species.
MOEFCC did not mention and given any permission for the Bird Aviary. Rather in its letter, Sunil Sharma, Assistant Inspector General of Forest (WL), wrote to the Chief Wildlife Warden, “A Field Appraisal Committee from Central Zoo Authority had carried out an inspection of the proposed Aviary in Chandigarh and submitted its report to the Chief Wild Life Warden. Chandigarh. The Committee, in its report, besides other recommendations, has also indicated that all species except Mandarin Duck, are non-native and does not come under the purview of the definition of “captive animals” as per Section 2 (5) of the Wild Life (Protection) Act, 1972 and that Mandarin Duck be removed from the collection, as the species is covered under Schedule IV of the Wildlife (Protection) Act, 1972. The report also indicates that given the proposed collection, the said facility does not come under the definition of Zoo as per Section 2 (39) of the Wildlife (Protection) Act, 1972. In this regard, the undersigned is directed to request for needful action as per recommendations made in the report of the Field Appraisal Committee of Central Zoo Authority and to ensure that there is no violation of any Act/Rule in this regard.”
While talking to The Daily Guardian, Adviser Dharam Pal stated, “As told to me by Department IFS Officer, CZA asked us to remove the said species, it was prohibited after we bought it. We do not need any more permissions now from anyone to function it ahead. Rest legalities, in this case, are better in the knowledge of the department’s officer.”
As per a retired IFS of Arunachal Pradesh, “Mandarin Duck has been found in India. That is why it is an Indian bird, which is completely prohibited to buy or sell under the Wildlife Protection Act and the provision of punishment has also been kept for the violator. An IFS officer is not aware of this, it is a matter of great surprise. Till 2013, it was visible several times in states like Arunachal Pradesh and Manipur but in 2014 it was visible in Assam after 112 years.”These questions are still standing tall-
No forest diversion was done before the construction of the Aviary.
A walkthrough Bird Aviary is a forest area which is shown and mentioned in the official map of Chandigarh that it is an unclassified forest. Chandigarh Forest and Wildlife department has developed Nagar Van Udyan under the Ministry of Forest and Wildlife scheme and crores of rupees were spent. Now, this is a pertinent question that why did the said department not seek forest diversion before constructing the said Aviary? It is mentioned in the department’s papers that it is eco-tourism project, and as per MOEFCC, eco-tourism is non-forest activity for which forest diversion is imperative before aviary construction.
The place where Bird Aviary is constructed is the catchment area of Sukhna on which Punjab and Haryana High Court had already prohibited any sort of construction and matter is subjudice. Even then the department had constructed the Aviary?
Chandigarh Forest and Wildlife Department had violated the wildlife protection act and bought Mandarin Duck which is prohibited under the Act, in this way why MOEFCC didn’t take action on Officer?