Disposed

News Item Titled How Banni Grasslands of Kachchh Gujarat Can Be Restored Appearing in the Hindu Dated 20.08.2024 v. Principal Chief Conservator of Forest Gujarat

NGT6 Feb 2025Original Application No. 184/2024

Case brief

AI extract

What is this about?

A suo moto application was filed based on a news report regarding methods to restore the Banni grasslands in Gujarat. The Tribunal examined a reply affidavit and a comprehensive working plan filed by the Principal Chief Conservator of Forests.

What did the court decide?

No additional order required; application disposed of with expectation that the existing ten-year working plan and pilot projects will be adhered to.

News Item Titled How Banni Grasslands of Kachchh Gujarat… — Environment and Pollution | NGT (2025)

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(Pune Bench)

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Item No.11

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BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

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[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

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Original Application No.184/2024 (WZ) [Earlier Original Application No.1121 of 2024(PB)]

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NEWS ITEM TITLED “HOW BANNI GRASSLANDS OF KACHCHH GUJARAT CAN BE RESTORED” APPEARING IN THE HINDU DATED 20.08.2024

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Date of hearing: 06.02.2025

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

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Respondents

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: Ms. Khyati Chugh, Advocate h/f Mr. Parth H. Bhatt, Advocate for R-1/PCCF

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ORDER

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From the side of respondent No.1- Principal Chief Conservator of Forest, Gujarat, learned counsel Ms. Khyati Chugh, holding brief of learned counsel Mr. Parth H. Bhatt, has appeared before us, who submits that learned counsel Mr. Parth H. Bhatt is not available today because of being unwell and makes it clear before us that in the previous order dated 01.10.2024, it has been recorded that learned counsel Mr. Parth H. Bhatt is representing all the three respondents in the present Original Application. In fact, he is representing only respondent No.1 and reply affidavit has already been filed from their side before this Tribunal.

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None has appeared from the side of respondent No.2- Ministry of Environment and Forest, through its Regional office Gandhi Nagar and respondent No.3- District Magistrate, Kutch.

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The cognizance has been taken of this matter suo-moto on the basis of news item titled “How Banni grasslands of Kachchh, Gujarat can be restored” published in the newspaper ‘The Hindu’ dated 20.08.2024.

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Page 1 of 6

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From the side of respondent No.1- PCCF, reply affidavit dated 03.02.2025 has been filed, wherein it is recorded that the Grasslands of Banni have been officially recognized as protected forest under Section 29 of the Indian Forest Act of 1927. The total area of Banni Protected Forest is 2,46507.14 ha., which is falling between 23° 22' 15" N and 23° 48' 07" N latitude and 69° 09' 14" E and 70° 10' 23" E longitude with a perimeter of 367 km. The Forest and Environment Department, Government of Gujarat took the commendable initiative to establish the Banni Grassland Division in 2011, which was dedicated to fostering effective management and protection of this invaluable landscape.

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It is further mentioned in this affidavit by respondent No.1- PCCF that a comprehensive working plan has been prepared by the Gujarat Forest Department to ensure the unique ecosystem's scientific conservation and development. The said working plan has been annexed at page nos.46 to 284 of the paper book. Besides the Plan, which has been annexed, our attention is drawn by learned counsel for respondent No.1 to page no.167 of the paper book at Clause 1.3- Method of Treatment to be Adopted; Clause 1.5- Justification for Working Circles and beneath that the Proposed Working Circles are described in tabular form, which are 3 in number i.e. (1) Grassland Working Circle approximately 76000 ha., (2) Prosopis Working Circle approximately 24500 ha., and (3) Biodiversity Conservation (Overlapping) Working Circle approximately 171753.23 ha. Details of all these Working Circles are also given from Clause 1.5.1 to 1.5.3 at the subsequent page.

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Thereafter, our attention is drawn by the learned counsel for respondent No.1 to page no.171 of the paper book at Clause 1.6 - period of Working Plan and Necessity for Intermediate Revision, in which it is recorded that the period of this working plan will be for 10 years. The

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Page 2 of 6

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results and outcomes of each working circles may be reviewed after 5 years for mid-course correction by the Consultative Committee under the Chairmanship of Principal Chief Conservator of Forests (HoFF) with representation from RAPCCF (MoEF&CC). The working plan appears to be very exhaustive, in which all aspects appear to have been covered.

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It is further mentioned in this affidavit by respondent No.1- PCCF that as per the GPS based survey of Banni, carried out by the District Inspector Land Record, Kachchh, the area of Banni Protected Forest is approximately 2,46,507.14 ha., which constitutes the area of Kachchh Desert Wildlife Sanctuary and Charidhundh Conservation Reserve through subsequent Notification of Government of Gujarat. Therefore, subtracting both of these areas of subsequent Notifications, the actual working plan area encompasses about 1,71,753.23 ha.

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It is further mentioned in this affidavit by respondent No.1- PCCF that the north of the Banni Forest Area lies in the extensive saline desert of Kutch. These regions are interconnected with the Gulf of the Arabian Sea. The Research paper, on the basis of which the news item has been published, itself describes 579.94 sq. km. (22.19%) as a barren land and 148.45 sq. km.(5.68%) as a salt affected area, which are not suitable for grassland restoration. It is further mentioned that the sample size employed for the Krantiguru Shyamji Krishna Verma (KSKV) Kachchh University research is disproportionately small considering the extensive geographical expanse of the Banni Grasslands, which cover an area of approximately 2,465.07 sq. km. The study also fails to account for critical ecological aspects, specifically the seasonal transformation of low-lying areas into wetlands during the monsoon season. These seasonal wetlands serve as vital wintering grounds for a significant population of the migratory birds.

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Page 3 of 6

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It is further mentioned in this affidavit by respondent No.1- PCCF that the study conducted by the said University and the results published in the news article ‘The Hindu’ showed that the essential elements such as Nitrogen (N), Phosphorus (P), Potassium (K), Iron (Fe), Manganese (Mn), Copper (Cu), and Zinc (Zn) were found in low concentrations in the study areas. With an area of about more than 2,000 sq. km., 80% of these locations are deficient in vital nutrients, making them unsuitable for grassland restoration. It is further mentioned that the Soil of Banni lands consist of moderately fine texture with higher proportion of silt and clay. As per the Working Plan, in spite of the Banni lands being alluvial and sandy, the soils are inherently saline. Since this land area has been under seawater for thousands of years, its current groundwater is saline. Through capillary movement, this water surface evaporates and leaves sand deposits on the top soil. The soil pH (alkaline) makes a major part of the grassland unsuitable for the growth and productivity of palatable grass species.

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It is further mentioned in this affidavit by respondent No.1- PCCF that since the soil of Banni is inherently saline and consists of recent alluvium mixed at places with Aeolian sandy deposits and the entire area has been very deeply clayey and coarse-textured soils in discontinuous patches, the salinity of the soil is highly variable from 1.0 to 15 Mmhos/cm and the pH ranges from 6.5 to 8.5. It is further mentioned that as per the said new article on Banni soil having high Electrical Conductivity [EC] indicating a sign of good soil fertility. But the news article also reveals that the Cation Exchange Capacity (CEC) is low. This contradiction suggests that elevated EC does not necessarily indicate high fertility, instead it seems to reflect increased soil salinity. It is further mentioned that 75% of the land cannot support healthy crops due to inherent soil properties.

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Page 4 of 6

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It is further mentioned in this affidavit by respondent No.1- PCCF that the research study shows water holding capacity of 1,50,000 ha., which is excessively high. Such high saline water retention leads to significant waterlogging in the soil with inherent salinity, rendering it unsuitable for plantation purposes. An analysis considering factors such as pH levels, Electrical Conductivity (EC), Cation Exchange Capacity (CEC), salinity, and waterlogging conditions, along-with the geographical characteristics of the Greater Rann of Kutch and Vekaria Rann, reveal that 70% of the area is unproductive for vegetation or plantation and that the remaining 30% of fertile land, suitable for grass production, is primarily concentrated around the villages inhabited by displaced or unsettled Maldharis.

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It is further mentioned in this affidavit by respondent No.1- PCCF that as a part of the ongoing pilot project, initiated by the Forest Department of Gujarat since the years 2020-21, approximately 9,750 hectares have undergone grass improvement efforts in the last five years, details of which are also given in tabular form in para no.21 of this affidavit.

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It is further mentioned in this affidavit by respondent No.1- PCCF that since the implementation of pilot project, total 85 Forest Ponds have also been constructed, contributing positively to the ecosystem. Consequently, the Forest Department has collected 40.75 lac. kg of Grass. The year-wise break-up has also been given in tabular form in para no.22 of this affidavit.

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Lastly, it has been recorded in this affidavit by respondent No.1PCCF that eco-restoration of Banni area has already been initiated by the State Government, for which financial provisions are also made in the State Budget. The said scheme is a continuous process in the State plan

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Page 5 of 6

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and the eco-restoration works will be further continued to cover the feasible area under grass development and other suitable measures. Answering respondent has been actively working towards the conservation, restoration, and sustainable management of the Banni Grasslands through initiative of the Pilot Project of approved Working Plan for the periods from 2020-2021 to 2029-2030.

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After having gone through the reply affidavit of respondent No.1PCCF supported with the working plan, we find that enough action is being taken in regard to restoration of the area in question and no additional order is required to be passed by us to the said respondent in this matter and we hope and expect that action plan would be adhered to by the Authority concerned.

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With the above observations/direction, we dispose off this application accordingly.

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Pending application, if any, also stands disposed off.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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February 06, 2025 Original Application No.184/2024 (WZ) [Earlier Original Application No.1121 of 2024(PB)] P.Kr

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Page 6 of 6

News Item Titled How Banni Grasslands of Kachchh Gujarat Can Be Restored Appearing in the Hindu Dated 20.08.2024 v. Principal Chief Conservator of Forest Gujarat

Case brief

What is this about?

What did the court decide?

News Item Titled How Banni Grasslands of Kachchh Gujarat Can Be Restored Appearing in the Hindu Dated 20.08.2024 v. Principal Chief Conservator of Forest Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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