Dear all, This is to seek your help in the following matter: the Jones Estate watershed near Nainital is forested and private land. My family has lived here for 60 years and protected the forest throughout this period. It is believed that this micro-watershed is vital to the continued existence of the Bhimtal (western) and Sat-tal (eastern) lake systems. It is a unique geographical feature in the Himalaya. I have petitioned the Chief Minister to re-notify Jones Estate as the Green Belt of Bhimtal. It was de-notified in a shady set of moves the day before Uttarakhand was created. It created a furore at the time when it was discovered that a builder intended to establish a mini-city on 100 acres of forest land here. The State Government was embarrassed and admitted in the Vidhan Sabha that de-notifying Jones Estate was wrong and giving permission to build the mini-city was also wrong. However, no move was subsequently made to re-notify it. Now, 10 years later, hoping that it is out of the public eye, permission is again being given to builders in contravention of several rules of the Lake Development Authority. Where members of Butterflyindia and Indianmoths come in is in the matter of Lister’s Hairstreak, Pamela dudgeoni. This is a very rare, endemic Indian butterfly known from four Indian records: Sikkim (type locality); Mussoorie (specimen in the Forest Research Institute, Dehra Dun); Riuni village near Ranikhet, Kumaon (specimen in British Museum (Natural History), London and a single specimen I collected in October 1974 here in Jones Estate. As Avtar Kaur’s recent article in the February 2011 issue of Journal of Threatened Taxa clarifies, Mussoorie is under severe stress as a habitat for Lycaenids; it is more than likely that Pamela dudgeoni does not occur there anymore. Riuni village is also not a potential habitat anymore: the specimen from there was recorded in 1909 when it was presumably not so degraded. The Sikkim habitat is, I think, unknown, since most of the butterflies were brought in by trained local collectors. Therefore, this leaves Jones Estate as the only known and most recently confirmed habitat of this butterfly. If Jones Estate is urbanized, the possibility of the last habitat of P. dudgeoni being destroyed cannot be ruled out. However, Government officials regard it as “only a butterfly” and not enough to justify halting ongoing construction work on the watershed. May I request each and everyone who reads this to please send two postcards: one to Dr. Ramesh Pokhriyal Nishank, Hon’ble Chief Minister of Uttarakhand, Dehra Dun, Uttarakhand and the second to the Secretary, Nainital Lake Special Area Development Authority, Nainital, Uttarakhand PIN 263 136 expressing your views on the subject? Perhaps stressing the importance of the survival of Lister’s Hairstreak and our responsibility towards endemic butterflies? Incidentally, Lister’s Hairstreak (Pamela dudgeoni) is listed on Schedule 1 of the Wildlife (Protection) Act 1972 and therefore theoretically enjoys the same degree of protection as the tiger, elephant and rhinoceros. I am posting the petition to Dr. Pokhriyal below. In addition, our MLA, Mr. K. S. Bora, wrote to the Chief Minister on 31.12.2010 (Ref. Kha 39187) urging him to stop construction activity in Jones Estate to conserve future drinking water resources for the burgeoning population; the Principal Chief Conservator of Forests, Uttarakhand, Dr. R.B.S. Rawat (vide letter No. Kha- 1480/16-1(1) dated 07.01.2011) forwarded the petition to Mr. Manoj Chandran I.F.S. for study and comments. Mr. Manoj Chandran’s comments are posted here below the petition. The Government of Uttarakhand, in compliance with the Chief Minister’s letter dated 29.12.2010 (ref. GE/32732/XXXV-2/2010(1)) has asked the Secretary, Nainital Lake Special Area Development Authority, Nainital, vide letter No. VIP-08/V/10-98(A)/10 dated 19 January 2011) to take necessary action according to rules in the context of this petition and inform the Uttarakhand Government of action taken. Thank you, Sincerely, Peter Smetacek
To, Sarvashri Dr. Ramesh Pokhriyal “Nishank” Hon’ble Chief Minister Uttarakhand Government December 18, 2010 Dehra Dun, Uttarakhand. Subject: Petition to re-notify Jones Estate (=June Estate) as a Green Belt of Bhimtal. Dear Sir, I would like to draw your esteemed attention to the following matter: 1. That the Bhimtal and Sattal lake systems in Nainital district, Uttarakhand, comprising 5 perennial lakes, 3 seasonal lakes and 1 dried up lake constitute an invaluable source of fresh water for the burgeoning population not only of Bhimtal town but also areas downstream. In the future, these lakes could form a dependable perennial supply of drinking quality water for the mega-city that Haldwani and surrounding areas will be in the next 50 years. 2. These two lake systems are separated by a forested watershed, formerly the Green Belt of Bhimtal, properly called Jones Estate after Colonel B.O. Jones, who owned it prior to 1951, but entered as June Estate in Revenue records. 3. That the area known as Kua Tal near Bhimtal used to be a lake around 1890; it was reduced to a marsh for most of the 20th century and has completely dried up during the past 15 years, due to destruction of Oak forest in its catchment area on Jones Estate. Surprisingly, the drying up of this lake has elicited no interest whatsoever from any level of Government., except when, during the heavy rains of July 2010 and 18 September 2010, Kua Tal filled again for the first and second times in living memory and there was commiseration with the people whose houses were flooded as a result. However, no one questioned how building permits were given for construction on a lake bed. Clearly, it was God’s grace that no lives were lost, but this cannot be depended upon in the future if construction in the area continues and the watershed functions of Jones Estate are destroyed by construction activity. 4. Soon before Uttarakhand, or as it was then known, Uttaranchal, was created, the Green Belt of Bhimtal was de-notified to enable 100 acres of land to be developed into a township. 5. There was an outcry in the press and public, whereupon on January 17, 1991,the then Minister for Environment and Forests, Mr. Kandari, stated in the State Assembly, Dehra Dun that permission for construction in Bhimtal’s Green Belt was wrong (Annexure 1: Amar Ujala headlines and accompanying article for January 18, 1991, Dehra Dun edition). 6. He further admitted (Annexure 1) that the Public Works Department, Forest Department and Pollution Control Board, etc had reported that construction in Jones Estate would be extremely detrimental to Bhimtal and Sattal lakes. The storage capacity of Sattal lakes would be adversely affected. 7. Presently, permission is being obtained by interested parties for construction not only of residential houses but also larger commercial properties in Jones Estate and construction is underway at least 10 different sites. 8. This is not only in flagrant disregard of the abovementioned statement by the Hon’ble Minister for Environment and Forests, Uttarakhand, based on competent technical reports by several Governmental departments, but also in complete disregard of the letter and spirit of the Judgement of the Hon’ble Supreme Court of India (Judgement Number 202/95; T.N. Godavarman Thirumulkpad Vs. Union of India and others [1997 AIR 1228, 1996 (9) Suppl. SCR 982, 1997 (2) SCC 267, 1996 (9) SCALE269, 1997(10)JT 377]) attached herewith as Annexure 2, wherein it is stated “The term “forest land”, occurring in Section 2 (of the Forest Conservation Act 1980), will not only include “forest” as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership.” Jones Estate was recorded as a Green Belt, which presupposes it being forested. Even today it is relatively well forested, although the forest is being cleared at a rapid rate by plot owners who hope to obtain permission to build houses. 9. Further, houses are being constructed on slopes of over 45˚ whereas, according to the byelaws of the Lakes Development Authority, no permission is to be given to construct buildings on slopes over 35˚. 10. It is evident from the above that the Byelaws of the Lakes Development Authority are being ignored; technical reports by concerned Governmental Departments are being ignored; a clear statement that permission to construct buildings in Jones Estate was a mistake by the concerned Minister in the Vidhan Sabha is being negated and, perhaps most important, the Judgement of the Hon’ble Supreme Court of India is being flouted, to the benefit of potential residents and businessmen and the detriment of all those who depend on water of these lakes for survival. 11. We have before us, for all to see, the example of one lake, Kua Tal, drying up due to forest degradation in its catchment area on Jones Estate during the last 10 years, i.e. after Uttarakhand came into existence. The possibility of Bhimtal and Sattal lakes becoming seasonal if their catchment areas are tampered with cannot be ignored. Reports by the various Government departments mentioned above imply this in stating that the urbanization of Jones Estate watershed will have negative consequences for Bhimtal and Sattal lakes. 12. In addition to the above, 49 species of wildlife protected under the Schedules of the Wildlife Protection Act 1972 (16 on Schedule 1; the remainder on Schedule 2) have been recorded in Jones Estate (Smetacek, in press. Butterflies (Lepidoptera: Rhopalocera & Grypocera) and other protected fauna of Jones Estate, a dying watershed in the Kumaon Himalaya, Uttarakhand, India.). Urbanization of this watershed will undoubtedly result in destruction of their habitat and, consequently, these species. Among them, the rare butterfly, Lister’s Hairstreak (Pamela dudgeoni: Schedule 1) has only been recorded from Jones Estate in the post-Independence period. Destruction of this habitat will very likely result in the global extinction of this butterfly. 13. It is therefore in public interest; ecological interest; interest of the rule of law and national interest that the remaining perennial lakes of the Bhimtal and Sattal lake systems be safeguarded, not only for the use of the present generation, but all the unborn generations that will depend more and more on these stable sources of drinking water in the years and centuries to come. 14. In order to safeguard these lakes, it is necessary to re-notify the Jones Estate watershed as a Green Belt of Bhimtal and ban all construction and development activities on the watershed, as had been done prior to 2000. 15. While this is being undertaken, it would be essential to halt all ongoing development and construction activities on the Jones Estate watershed with immediate effect, so that further damage is not done. 16. Therefore, I request you to urge the Lakes Development Authority to suspend all permissions issued by it and review the basis on which the permissions were issued, in light of their own bye-laws, technical reports mentioned by Mr. Kandari, Hon’ble Minister of Environment and Forests in the State Assembly on January 17, 1991 and the abovementioned Judgement of the Supreme Court of India. Thanking you for your kind consideration on behalf of the present and future residents of Bhimtal and surrounding areas, Yours sincerely, Peter Smetacek Butterfly Research Centre Jones Estate, Bhimtal 263 136 Uttarakhand e-mail: [email protected] Encl.: Annexure 1: 2 pp. Amar Ujala 18.Jan.2001 Annexure 2: 17 pp. Hon’ble Supreme Court Judgement Annexure 3: 2 pp. Forest (Conservation) Act 1980. cc.: 1. Chairman, Lakes Development Authority, Nainital. 2. Hon’ble Chief Justice, High Court of Uttarakhand, Nainital 3. Mr. K.C. Singh Baba, Hon’ble MP, Nainital. 4. Mr. K. S. Bora, Hon’ble MLA, Nainital. 5. Dr. N.S. Jantwal, President, UKD. 6. P.C.C.F., Dehra Dun. 7. Chief Conservator of Forests (Environment), Dehra Dun. 8. Executive Engineer, Public Works Department, Nainital. 9. D.F.O., Nainital. 10. Chairman, Bhimtal Town Area Committee. 11. Amar Ujala, Haldwani. 12. Dainik Jagaran, Haldwani. 13. Greenpeace, New Delhi. 14. Various national and international e-forums and public forums via the “Bhimtal Bachao” Andolan. Comments on the Petition to re-notify Jones’ Estate as a Green Belt of Bhimtal This petition has been submitted to the Hon’ble Chief Minister of Uttarakhand by Mr.Peter Smetacek, resident of Jones’Estate, Bhimtal to re-notify the Jones’Estate area which forms a watershed between the lakes of Bhimtal and Sattal and other lesser lakes in the surrounding and to ban and suspend all construction activities in this area and to review the basis on which the permissions for constructions were granted by the Lakes Development Authority. I visited the watershed several times and also went through many of the available documents and records pertaining to this area and have come to the following conclusions. All the points put up by the petitioner on why this area has to continue to be protected as a green belt of Bhimtal are valid and appreciated and are also based on scientific studies conducted in the watershed by the petitioner himself and also by other researchers in the area. The major part of the watershed is the June estate Van Panchayat, constituted in 8222nalis within khet no.321 of the Jones’Estate revenue village. This Van Panchayat was constituted after so much of land was acquired by the govt. during the land ceiling proceedings of one of the erstwhile partners of the Jones’estate. A patch of forest area also within 321 has also come under the land ceiling of another partner of the estate, but has not been constituted into a Van Panchayat. The remaining area in the watershed belongs to different landowners who acquired their lands from time to time. According to the Bandobast land records, khet nos. 48, 67,183, 280,290,321,324,326,338,360,361,363,375,390,392,395,404 and 415 have been recorded as "forest”. The total area recorded as forest is around 250ha (including the VanPanchayat area). Apart from this, there is another portion of land called the Sattal Estate on the north western side adjoning the Jones’estate, which is a completely forest area with a church and some residences inside. However, there is no land record available for most of this piece of forest land. The area adjoining Jones’estate on the south western portion is a Reserved Forest area. Several land holdings, other than those mentioned as ‘forest’above have also in the process of time have taken the shape of forests dominated by oak trees. The whole area originally had only 14 bunglows, however, several other residences were built from time to time till date. The old lake of Kua tal also dried up due to siltation and drying up of springs due to anthropogenic activities in the forest and agricultural areas above. A forest working plan was made for the Jones’estate forests from 1954-64, by the then DFO, Nainital. The area is rich in a variety of flora and fauna and is often reported as a heaven for birdwatchers and other naturalists. However, due to anthropogenic pressures, most of the forest area is now becoming degraded due to lopping, felling and is also being invaded by Lantana and Ageratina. Huge oak trees in the residential areas have also been cut lately for giving way for construction activities. Any construction activity within 100m of the high waterlevel of Bhimtal is also prohibited. Considering all these factors, the watershed is predominantly a forest area, with patches of buildup area, especially towards the lake and towards Kua tal area. The build up area not only includes residences of inhabitants living there for more than two generations, but also hotels and resorts which has recently sprouted up. Allowing large scale constructions in the narrow strip of land between the forests above and the lake below would be detrimental both to the lake as well as the forests. Many of these constructions also fall within 100m of the high water level of the lake. A Public Interest Litigation 944 of 2001 has been filed in the Hon’ble High Court of Uttarakhand, by Fredrick Smetacek (Jr.) S/o Late Fredrick Smetacek (Sr.), Chief Co-ordinator, Society of Appeal for Vanishing Environments (S.A.V.E.) Bhimtal Nainital versus Collector, Nainital and others for the protection and conservation of the hills and lands adjoining to the lakes of Bhimtal, Sat-tal and Naukuchiatal in the District of Nainital. This PIL also contains details about the watershed in question and reasons why it should be conserved. A copy of the PIL is also annexed herewith. Since most of the watershed is either a recorded forest area or an area which as per dictionary definitions is in the shape of a forest, all construction activities whether illegal or permitted by the Lake development Authority are clear cut violations of the Forest Conservation Act 1980 and also violation of the Hon’ble Supreme Court’s order dated 12/12/1996 in Writ Petition 202/95 T.N.Godavarman Thirumulpad Vs. Union of India., which the petitioner also has annexed in his petition. This watershed is highly vulnerable to the impacts of growing urbanization and also associated climate change and any shortfall in conserving this watershed can have severe impacts in the near future. During my short tenure as DFO, Nainital, I had objected to all construction activities in the watershed and also issued a letter to the Secretary, Lake Development Authority and to the District Collector stating that no ‘No Objection Certificates’ would be provided for any construction activity in the Jones’estate as it is a disputed area. The whole of Bhimtal, in my opinion has also exceeded its carrying capacity and no more constructions be allowed in the area. However, people who have been living here for more than two generations may be allowed to repair their existing houses or make minor additions to their residences. The whole of Sattal Estate area for which land records are not available should be constituted into a Reserved Forest. All private forest areas should be acquired and constituted and added to the June Estate Van Panchayat. The rest of the residential areas should also be declared a green belt where further construction activities may not be allowed. All major construction activities in violation of the Forest Conservation Act, Environment Protection Act and in violation of the bye-laws in force, should be dismantled at the cost of the violators. A complaint may be lodged under the FCAct against the Lake Development Authority in case they have given permission for construction of buildings in the forest areas, either recorded or as per dictionary meaning. A road, called the Lingam road has also been constructed in the forest area, which is also a violation of the FCAct. This road should be closed and planted up with oak trees and fenced. Considering all these facts, the whole watershed between the Bhimtal and Sattal lakes and also the adjoining NalDamayanti tal area as per the boundary given by the petitioner is a fit case to be declared as a green belt of Bhimtal. Regards… Manoj Chandran IFS Deputy Conservator of Forests Working Plan Pithoragarh Forest Division. Enclosures: 1. Petition in original 2. A copy of the PIL mentioned above -- Enjoy
