HC initiates suo motu proceedings to preserve, declare Samanatham tank in Madurai as bird sanctuary

If declared as a bird sanctuary, the Samanatham tank will be the first one to be declared so in Madurai district.
| Photo Credit: File Photo

The Madurai Bench of the Madras High Court on Monday initiated suo motu proceedings to preserve Samanatham tank in Madurai district and declare it as a bird sanctuary under Section 18 of the Wild Life (Protection) Act, 1972. If declared as a bird sanctuary, the tank would be the first sanctuary to be declared so in Madurai district, the Registrar (Judicial) said.

A Division Bench of Justices G. Jayachandran and R. Poornima directed the State government to file a status report and adjourned the hearing by four weeks.

The Registrar (Judicial) said that Samanatham tank located in Tirupparankundram block was a habitat to more than 150 species of birds which included nearly eight threatened species such as Oriental Darter, Painted Stork, Black headed Ibis, Spot billed Pelican, Black tailed Godwit, Bar tailed Godwit, River Tern and Osprey.

These bird species have been declared as nearly threatened as per the International Union for Conservation of Nature (IUCN-Red List). The tank was also a habitat to two vulnerable species of birds: Indian spotted Eagle and Greater spotted Eagle. The tank was presently under the control and maintenance of the Public Works Department.

Owing to the biodiversity and unique natural birds habitat, there has been an appeal to protect the waterbody by declaring it as a bird sanctuary under Section 18 of the Wildlife Protection Act, 1972, the Registrar said.

The action was necessitated in light of the fact that the waterbody was vulnerable to poaching, loss of natural habitat and easily accessible to the public which gravely threatened the natural habitat of the birds. If the waterbody was declared as a sanctuary, it would be subjected to restriction as to entry in terms of Section 27 of the Act and various other protective measures as envisaged under Chapter IV of the Act, as a protected area.

Article 48 A of the Constitution ordains that the State should endeavour to protect and improve the environment and safeguard the forest and wildlife of the country. There was also a fundamental duty cast on every Citizen under Article 51 A (g) to protect and improve the natural environment and wildlife, the Registrar said.

Earlier, a public interest litigation petition was filed before the High Court to direct the State government to declare the tank as a bird sanctuary within a time-frame. The petition was closed on the basis of the submission made by the State that proposals have been forwarded to the government after obtaining the NOC from the village panchayat and the Water Resources Organisation of the Public Works Department, the Registrar said.

As the proposal to declare the waterbody as a bird sanctuary has not seen fruitful result and having regard to the imminent need to protect the water tank and ensure the natural habitat of birds, the High Court has taken cognisance of the same and instituted the present suo motu writ petition seeking a direction to the State government to declare Samanatham tank as a bird sanctuary, the Registrar said.