Thiruvananthapuram: In the light of the Supreme Court verdict on Mullaperiyar, the Forest Department is likely to take the stand that raising of the water level in the dam from 136 feet to 142 feet would be a violation of the Forest Conservation Act. It is also the Forest Department's contention that raising the water level will lead to compulsory and involuntary translocation of tribals.
“From 1979 onwards (when the level was fixed at 136 feet), the area above the level of 136 feet was supporting natural vegetation, which has now been established as a natural forest providing excellent habitat for herbivores, carnivores and amphibians,” an internal note of the department states. “This forest area with natural vegetation will be submerged if the maximum water level is raised above 136 feet,” it adds.
The department contends that both the diversion of forest land for non-forest purposes and clearing of natural vegetation are prohibited by the provisions of Forest (Conservation) Act unless the centre grants clearance under the provisions of the Act. “But the government of India cannot grant such clearance in view of the legal provision in the Wildlife Protection Act,” the note says. Section 29 of the Wildlife Protection Act states that no person shall destroy, exploit or remove any wildlife from a sanctuary, or destroy or damage the habitat of any wild animal or deprive any wild animal of its habitat within such a sanctuary.
The department is expected to raise both the diversity and displacement angles too. “This strip of land around the reservoir is made up of different types of habitats, namely grasslands, marshy areas, swamps and areas covered with trees. These are prime habitats extensively utilised by most of the wild animals, especially larger herbivores, carnivores and amphibians,” the note observes. “Increasing the level will also lead to involuntary and compulsory translocation of tribals living on the fringes and this is likely to upset the participatory forest management programmes in the Periyar Tiger Reserve,” it adds.
