Dear Kishen, thank you very much. Also many many thanks for doing up the
facebook thing.
Warm regards,
Peter
On Thu, 03 Mar 2011 18:07:53 +0530 wrote
>
I will write the letters to those people.
Hope you will be able to save this place.
All the very best with all your efforts.
Kishen Das
2011/3/2 Kunte, Krushnamegh
Peter, my best wishes in your fight against the destruction of Jones Estate.
Have you considered any judicial means of halting the bulldozers? That may be
effective considering that the planned construction is in violation of several
rules and regulations.
BTW, the species has recently been reported from Thailand and Laos:
http://yutaka.it-n.jp/lyc4/81565001.html
So it cannot be considered endemic any more. But the fact that it is listed
under Schedule I remains on your side.
Krushnamegh.
From: Peter Smetacek
Reply-To: butterflyindia
Date: Wed, 2 Mar 2011 13:01:48 -0500
To: butterflyindia , Indianmoths
Subject: [ButterflyIndia] Lister's Hairstreak
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
--
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