S MURALIDHARAN vs MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE

1 Item No.

14 Court No.

1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No.

688/2023 S.

Muralidharan Applicant Versus Ministry of Environment, Forest and Climate Change & Ors.

Respondent(s) Date of hearing: 14.02.2024 CORAM: HON’BLE MR.

JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR.

JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) HON’BLE DR.

A.

SENTHIL VEL, EXPERT MEMBER Applicant: Mr.

S.

Muralidharan, Applicant in Person ORDER 1.

This Original Application has been filed by the applicant praying for following reliefs:- “A.

Direct the Comptroller Audit General of India to file a report within 6 months on the amount of loss caused to Elephant habitats and their pathways across nation, by an Audit with the use of Satellite Imaging and Drone based aerial surveying technologies.

B.

Direct the Union of India to recover and re-establish Elephant habitats and migratory corridors for Elephants to move around, as they did for 1000's of years, based on the audit report.

C. and pass such further order or orders as deem fit and proper in the circumstances of the case.” 2.

During the course of argument, learned Counsel for the applicant could not point out any material justifying such a relief as also the jurisdiction of the NGT in this regard.

2 3.

On perusal of the Writ Petition, we find that the applicant has pleaded about the basic nature and habits of the elephants and threat of their survival on account of human elephant conflict.

A plea has also been raised that on account of Government decision to reopen the brick kilns illegally, there is a spur in human and elephant deaths.

4.

Wildlife (Protection) Act, 1972 is not a Scheduled Enactment under the NGT Act, 2010.

Applicant, present in person, has failed to point out any substantial issue relating to compliance of provisions of the Scheduled Enactments which confers jurisdiction upon the Tribunal under Section 14 and 15 of the NGT Act, 2010.

5. , 2010.

5.

Thus, no case is made out to entertain the present OA which is accordingly dismissed.

Prakash Shrivastava, CP Sudhir Agarwal, JM Dr.

Senthil Vel, EM February 14, 2024 Original Application No.

688/2023 SN.