Gauhati High Court halts denotification of Deepor Beel Wildlife Sanctuary

In a significant development, the Gauhati High Court intervened to stall a decision made by the Assam cabinet last month to denotify Deepor Beel, a vital wildlife sanctuary and Ramsar site situated on the outskirts of Guwahati, near the Brahmaputra river.

A division bench of the High Court deemed the cabinet's decision regarding Deepor Beel as unjust and improper at this stage. Consequently, the state government has been directed to refrain from issuing any notification for denotifying the wildlife sanctuary. Furthermore, the High Court instructed authorities to suspend development and construction activities in and around Deepor Beel until the demarcation notification of the Ramsar wetland site is issued.

The matter is scheduled for further hearing on May 27.

The recent legal tussle stems from the Assam cabinet's directive on March 10, instructing the forest department to investigate why the sanctuary was notified in 2009 without resolving the rights of traditional fishing communities. Additionally, the cabinet decided to set aside the 2009 notification, citing lack of approval from the state cabinet at the time.

However, the state government clarified to the court on Wednesday that although the cabinet had resolved to denotify the wildlife sanctuary, no formal notification had been issued yet. In an affidavit filed on Friday, the government stated that a formal denotification notification for Deepor Beel could only be issued after obtaining approvals from the state and national wildlife boards, as well as the Supreme Court.

The government further explained that the notification in 2009 did not adequately consider the fishing rights of traditional communities dependent on the wetland. It highlighted that revenue land was included in the sanctuary without necessary approvals from the state cabinet and the then chief minister.

The legal history of Deepor Beel's status as a wildlife sanctuary adds complexity to the current situation. The sanctuary's notification in 2009 faced challenges from nearby villagers in the Gauhati High Court, leading to conflicting rulings. While a single-judge bench set aside the notification in 2017, a division bench overturned this decision in 2018. Presently, a special leave petition (SLP) contesting the division bench's ruling is pending in the Supreme Court.

Spanning approximately 40 square kilometers, Deepor Beel serves as a crucial habitat for nearly 160 species of migratory and resident birds, as well as various other wildlife including vultures, wild elephants, monkeys, deer, and jungle cats. The sanctuary's ecological significance underscores the importance of the ongoing legal deliberations concerning its status.