Chitradurga Kaavalu
- Chitradurga is a hilly district dotted with age-old forts and villages. The district is bounded by Tumkur District to the southeast and south, Chikmagalur District to the southwest, Davanagere District to the west, Bellary District to the north, and Anantapur District of Andhra Pradesh to the east. Davanagere District was formerly part of Chitradurga. The district is divided into several taluks, namely Chitradurga, Hiriyur, Hosadurga, Holalkere, Challakere and Molakalmuru. It is rich in mineral deposits, including gold at Halekal, Kotemardi or Bedimaradi, etc., and copper from open cast copper mines at Ingaldhal. It is a well know historical centre famous for its impressive Chitradurga fort.
- According to Indian Council for Agricultural Research, this district is in the agro-ecological sub region of the Eastern Ghats and the Tamil Nadu Uplands and Deccan Plateau. It is a hot semi-arid eco-region. Most of the rains received in the district are during the south-western monsoons. The geographical area of the district is 770,000 hectares of which forests constitute 73,000 hectares. Soil in the district is predominantly composed of black soil (62%), and the rest is red soil (38%). According to the Agriculture Contingency Plan for the district, the net sown area is 429,000 hectares, of which only 51,000 hectares is sown more than once. Agriculture is essentially rain-fed with net irrigated area amounting to 88,000 hectares and rain-fed agricultural region constituting 341,000 hectares. The percent of total irrigated area of the district is 5.6%. Groundnut, maize, ragi, sunflower, jowar and pulses constitute the major crops grown in the area.
Horticultural and plantation crops are limited to only the small irrigated zone. There are 166 irrigation tanks in the district and 9030 bore-wells.
- According to the Ground Water Information Booklet for Chitradurga district prepared by the Central Ground Water Board, the district “receives low to moderate rainfall and is one of the drought prone districts in the state. Normal annual rainfall varies between 668mm in Holalkere in western part to 457mm in Chellakere, in the northeastern part.” With regard to the extent of ground water use in Challakere taluk, the report states that “the stage of groundwater development in the district is quite high. In Chellakere taluk 52% of the area falls under semi critical and 47% under over exploited category.” In the same report it is also reported that:
“a total of 101 farmers have committed suicide in the district between 2003-07 of which 45 suicides are reported to be due to crop failure. The highest number of suicides due to crop failure is reported during 2006-07 & 2003 – 04 respectively, which incidentally happens to be the lowest rainfall year in the last decade.”
The report concludes by stating that:
“As per the resource assessment data, major part of the district is falling under over-exploited and critical category. The stage of groundwater development in the district is more than 100%, which requires immediate intervention by way of conservation and artificial recharge to ground water in order to arrest the declining trend in water level.”
Clearly, therefore, farming distress associated with water insecurity is a matter of serious concern in the district.
- The district is known for a very high density of pastoral communities and there is a very high of dependence on livelihoods connected with livestock maintenance. As per the Agriculture Contingency Plan, the district accounts for 316,000 non-descriptive cattle, 24,000 cross-bred cattle, 193,000 non-descriptive buffaloes, 368,000 goats and 931,000 sheep. It is clearly evident from these facts, that common grazing pastures and grasslands form a critical support system and habitat to the sustenance of livelihoods of lakhs of people, and also as a major site of biodiversity.
- A major component of these common grazing pastures and grasslands is constituted by Amrit Mahal Kavals, lands that were protected originally for the grazing of the special breed of Amrit Mahal cattle, a mainstay support system of armies that roamed these landscapes over the centuries and also in support of agriculture due to their high degree of drought tolerance and hardiness. These Kaval lands were extraordinarily well protected grassland ecosystems in this region and this was achieved through the appointment of a local villager as a Kavalgarara (Kaval protector) whose job it was to ensure the Amrit Mahal breeds got the first right of grazing in the post-monsoon period, and only then was the area allowed for grazing by other cattle breeds, goat and sheep owned by local communities. This tradition continued in the post-independence period.
- Karnataka state was home to nearly 400,000 acres of Amrit Mahal Kaval, but today is left with only about 60,000 acres, much of which is encroached or in various states of degradation. At various points of time, the State Government has released these kavals, which included grasslands and wooded forests, for agriculture and for rehabilitating landless labourers.
- In recognition of the rich biodiversity and distinctive ecological attributes, all Amrit Mahal Kavals are declared as District Forests as per Rule 33 of the Karnataka Forest Rules, 1969. With particular reference to the Kavals in the Challakere taluk of Chitradurga district, about 12,000 acres were transferred in 1971 to the custody of the Karnataka Sheep and Wool Development Corporation of the Department of Animal Husbandry Department for the advancement of sheep rearing.
- Shepherding communities such as the Kurubas and Gollas from about 50 villages around these grasslands in Challakere taluk are dependent on these pastures for grazing their cattle, sheep and goats. The native breeds of cattle that communities graze in these Kavals are drought resistant and help the communities tide over the vagaries of monsoon.
- The local communities also rear native varieties such as Hallikar and cross breeds of Amrit Mahal with the Red Sindhi and other varieties. There are also traditional communities that rear pure breeds of Amrit Mahal Cattle and other native breeds which are known as “Devara Dhana” or “God’s cattle”. The male calves are often gifted to the temples and these communities are custodians of genetic diversity of some of the last remaining pure breeds.
- These Kavals have since time immemorial supported the local communities for multifarious purposes, such as collection of firewood, green leafy vegetables, and fruits and a variety of minor-forest produce. The Kuruba community rear their livestock in these Kavals and also weave the wool from sheep into blankets which are nationally famed as the “Challakere Kamblis”. The local villagers also collect certain grasses and reeds to weave a variety of tools that help farms, and earn an additional income. The Kavals have been a part and parcel of life and culture of the communities residing here. Festivals are celebrated and folk songs are sung to express gratitude to the resources that the Kavals have given the people.
-
The traditionally nomadic Lambani Communities also depend on the Kavals for a wide range of raw materials to support their craft (weaving baskets from palm fronds) and for a range of medicinal purposes. Their extensive knowledge of medicinal plants for ethnoveterinary use has recently been documented and analysed by researchers in a paper entitled “Ethnoveterinary uses of medicinal plants among the Lambani community in Chitradurga district, Karnataka, India” published in the Asian Pacific Journal of Tropical Medicine (published on 28 August 2012. According to this study, “Lambani tribe, who are generally poor and live in remote areas, use ethno veterinary medicine for the primary healthcare of their animals. The use of plants reveals their interest in ethnomedicine and further research on these species could lead to the discovery of novel bioactive molecules for efficient management of diseases.” The study discovered that 39 plants from 24 families having 26 different ethno-veterinary uses, were practised by the tribe, and that “these records indicate the ethno-veterinary wealth of Lambani community in Karnataka”.
- In June 2011, the Centre for Ecological Sciences, Indian Institute of Science conducted a “Rapid Biodiversity Survey of the Kudapura Campus”, findings of which was published as a report titled ‘A Precious Heritage’. This concise report gives detailed descriptions of some of the flora and fauna found in the campus. The report states that:
“Even a short, preliminary, incomplete biodiversity survey of the new campus revealed it to be extraordinarily rich in vertebrate and plant species. From the spectacular and highly endangered blackbuck to small mammals such as foxes and hares, from the rich diversity of raptors to the tiny minivets and sunbirds and the large number of native plant species, all these point to a rich, relatively undisturbed natural ecosystem.”
- The report emphasizes the uniqueness of the arid ecosystems which are adapted to water scarcity but are now vanishing due to various threats. A critical indicator of the uniqueness and ecological importance of these grasslands can be gathered from the fact that they form a critical habitat for the near threatened Antilope cervicapra (Black Buck). These grasslands are potential habitats for the critically endangered birds Ardeotis nigriceps (Indian Bustard) and Sypheotides indicus (Lesser Florican).
- The Great Indian Bustard (Ardeotis nigriceps) or Indian Bustard is a bustard found in India and the adjoining regions of Pakistan. A large bird with a horizontal body and long bare legs giving it an ostrich-like appearance, this bird is among the heaviest of the flying birds. Once common on the dry plains of the Indian subcontinent, today perhaps as few as 250 individuals survive and the species is on the brink of extinction, being critically endangered by hunting and loss of its habitat, which consists of large expanses of dry grassland and scrub. These birds are often found associated in the same habitat as blackbuck.
- The Lesser Florican (Sypheotides indicus), also known as the Likh, is a large bird in the bustard family and the only member of the genus Sypheotides. It is endemic to the Indian Subcontinent where it is found in tall grasslands and is best known for the leaping breeding displays made by the males during the Monsoon season. The male has a contrasting black and white breeding plumage and distinctive elongated head feathers that extend behind the neck. These bustards are found mainly in northwestern and central India during the summer but are found more widely distributed across India in winter. The species is highly endangered and has been extirpated in some parts of its range such as Pakistan. It is threatened both by hunting and habitat degradation. The only similar species is the Bengal Florican (Houbarobsis bengalensis) which is larger and lacks the white throat, collar and elongated plumes.
- It is evident from these facts that the Amrit Mahal Kavals of Challakere taluk of Chitradurga district constitute a critical component of the last few remaining flagship faunal species of grasslands ecosystems in India. There is very little understanding of the floral diversity of such ecosystems.
- During the period 2008-2010, the Government of Karnataka through the office of the Deputy Commissioner of the Chitradurga District began to divert almost all the Amrit Mahal Kavals in Challakere Taluk to a variety of urban, industrial, infrastructure development, research and defence related projects. The Petitioner contends that absolutely no consultation with Constitutionally empowered local bodies such as Panchayats and Nagarpalikas preceded this decision, nor was any consultation undertaken with Biodiversity Management Committees constituted per the Biological Diversity Act, 2002. Clearly, therefore, there was absolute violation of the Principle of Prior and Informed Consent.
- Amrit Mahal Kavals are statutorily recognized forests as per the applicable and relevant forest laws of Karnataka. The Karnataka Forest Act, 1963 does not include a clear definition of the word “forest” and an interpretation of the general word “forest” finds mention only once in Chapter V relating to control of forests and lands not being the property of the Government. S. 36 provides that for the purposes of Chapter V of the Act, ““forest” includes any land containing trees and shrubs pasture lands and any land whatsoever which the State Government may, by notification under this section, declare to be a forest”. Rule 2 (2) of the Karnataka Forest Rules, 1969 provides that ““Forest area” includes all lands notified as forest under any law or administered as Forest, whether State-owned or private, and whether wooded or maintained as potential forest land. S. 2(2) of the Karnataka Forest Act, 1963 provides that ““District Forests” includes all lands at the disposal of Government not included within the limits of any reserved or village forest nor assigned at the survey settlement as free grazing ground or for any public or communal purposes”. S. 33 of this Act titled ‘Power to make rules for district forests’ provides the State Government with the power to “make rules to regulate the use of the forest produce or of the pasturage of and land at the disposal of Government and not included in a reserved or village forest.” Accordingly, Chapter IV of the Karnataka Forest Rules, 1969 provides for the rules relating to District Forests. Rule 33 clearly enshrines the statutory recognition of Amrit Mahal Kavals as forests by providing that “[t]he rules for the management of district forests shall, mutatis mutandis, apply to Amrit Mahal Kavals which mean and include the land assigned by the Government for the pasturage of Amrit Mahal Cattle owned by the Government.” The fact that Amrit Mahal Kavals are statutorily recognized as forests as per the applicable Karnataka forest laws is confirmed by the explicit mention of Amrit Mahal Kavals in Paragraph 41 (relating to minimum extent of village forests) and Paragraph 142(9) (relating to general privileges applicable to the entire State) of the Karnataka Forest Manual (1976).
- The Applicant submits that in the instant case, all the lands diverted constitute forest land as per Rule 33 of the Karnataka Forest Rules, 1969, which reads as follows:
“Amrit Mahal Kavals – The rules for the management of district forests shall, mutatis mutandis, apply to Amrit Mahal Kavals which mean and include the land assigned by the Government for the pasturage of Amrit Mahal Cattle owned by the Government.”
- From the above, it is evident that there has been gross violation of the statutory compliance norms per the Environment Protection Act, 1986, the Environment Impact Assessment Notification, 2006 and 2009, Water Act, 1974, Air Act, 1981 and various other applicable laws including the Forest Conservation Act, 1980 and Biological Diversity Act, 2002
- Some of the recommendations the Task Force that are relevant for the preservation of Amrit Mahal Kaval are:
Modify the new EIA guidelines by including ecologically fragile and environmentally sensitive areas where prior EIAs will have to be made mandatory.
To increase grasslands and desert ecosystems in Protected Area system
Protection and enhancement of PAs in arid and semi-arid regions and also protection of wildlife outside PA system should be given high priority and should be integrated in the over-all land-use policy of the country.
- Notwithstanding the aforesaid serious violations of environmental, forest and biodiversity protection laws, Defense Research Development Organisation has already constructed at least 28 kms. high stone-masonry and concrete walls around lands allocated to it. Indian Institute of Science has also commenced its project activities without at all conforming with any norms. No applications whatsoever have been made by any of the agencies to comply with the applicable laws and norms.
- It is clear from the aforesaid facts that the State of Karnataka has diverted almost all of the Amrit Mahal Kavals of Chellakere Taluk, Chitradurga District in Karnataka to non-forest and non-pastoral purposes without application of mind. The proposed investments will directly and irreversibly affect the impacted communities and biodiversity of the area, especially the pastoral communities, whose livelihoods are intricately linked to the existence of these grasslands. The Petitioner submits that the projects have commenced in blatant violation of all the applicable rules, norms, standards and statutes, evident from the fact that the Amrit Mahal Kavals have been blocked off to pastoral communities by building 28 kms long wall that fundamentally attacks their very Right to Live. So serious has been the impact on pastoral communities from this one act, that already several families have run into huge debts trying to find fodder for their cattle, several more are forced to sell their livestock to survive and there is widespread pain and agony suffered as a consequence of these illegal activities by the impacted communities.
- A. It is submitted that the diversion of Amrit Mahal Kaval land in Challakere taluk is in violation of the Forest (Conservation) Act, 1980.
B. The diversion of land is in violation of the Public Trust Doctrine, the Principle of Sustainable Development, Principle of Intergenerational Equity, Principle of Prior and Informed Consent, etc.
C. The respondents have not considered the fact that the Amrit Mahal Kavals are statutorily recognized forests as per The Karnataka Forest Act, 1963. The diversion of about 9273 acres of Amrit Mahal Kavals in Challakere taluk without the permission of the Central Government is, therefore, in violation of S. 2 of the Forest (Conservation) Act, 1980.
D. The present clearances granted to Respondents 10-16 herein are also in comprehensive violation of T.N. Godavarman Thirumulkpad v. Union of India, AIR 1997 S.C. 1228.
E. The respondents have not seen that the diversion of the Amrit Mahal Kavals will cause serious prejudice to the environment, ecology and to the local pastoral and agrarian communities who have no other source of livelihood.
F. The respondents have violated the Biological Diversity Act, 2002 in granting the impugned clearances.
G. The respondents have not considered the fact that the impugned clearances have been granted in violation of the National Forest Policy.
H. The respondents have not considered the fact that the Amrit Mahal Kavals are the main source of fodder for the cattle reared by the local population and the impugned diversion will result in loss of their source of livelihood and is violation of rights guaranteed under Article 21 of the Constitution of India.
I. The statutory authorities have not seen the fact that respondents 10-16 have commenced construction/ developmental activities without obtaining any clearance from the competent authorities.
The Applicants declare that as per the National Green Tribunal Act 2010 this application is well within the prescribed time.
Pending disposal of this application, this applicant prays that this Hon’ble Tribunal be Pleased to:
- A. Issue an order of Injunction restraining respondents 10 to 16 from carrying on or proceeding with any construction activity on the Amrit Mahal Kavals or modifying the character of the Amrit Mahal Kavals in any manner without obtaining clearances from the appropriate authorities.
B. Direct respondents 1 to 09 to forebear respondents 10 -16 or their officers from putting up any civil construction on the Amrit Mahal Kavals.
C. Direct respondent No. 12 herein to provide access to the Amrit Mahal Kavals to the local population by removing any and all obstruction to facilitate free movement of the pastoral communities’ cattle in the Amrit Mahal Kavals.
PRAYER
For the reasons stated above, it is humbly prayed that this Hon’ble Tribunal may be pleased to direct the Respondents:
A. To maintain the Amrit Mahal Kavals free from any diversion/ encroachments.
B. To remove any civil construction illegally erected on the Amrit Mahal Kavals and restore the Amrit Mahal Kavals to its earlier state.
C. Direct respondent 01 – 09 to commission a Regional Environmental Impact Assessment along with Carrying Capacity studies to comprehend the impacts of all projects proposed in this region on biodiversity, environment, human settlements, etc., prior to any decision being taken towards approval of any or all projects.