Case Note & Summary
The dispute arose from an original application filed by Rural Organisation for Social Empowerment before the National Green Tribunal, seeking cancellation of stone quarry leases granted near the Kuldiha Wildlife Sanctuary and prohibition of further leases in the sanctuary and its eco-sensitive zone. The NGT, after calling for a report from the Principal Chief Conservator of Forests, directed the state government to take steps to bring the entire corridor within the eco-sensitive zone and prohibit ingress. Subsequently, the Tehsildar Khaira stopped quarry operations, leading the appellants, who were lease holders, to file an impleadment application, which was rejected. The NGT finally disposed of the application by directing that no mining activity be permitted within and in the vicinity of the Similipal-Hadagarh-Kuldiha-Similipal elephant corridor and ordered completion of the process under Section 36 of the Wildlife (Protection) Act, 1972 for declaration of a conservation reserve within three months. The appellants challenged these orders in the Supreme Court. The legal issues centered on the validity of the NGT's orders prohibiting mining and requiring conservation measures. The appellants likely argued that their leases were valid and that the NGT's directions were overly restrictive, while the respondents emphasized environmental protection and wildlife conservation. The court analyzed the background, including the notification of the eco-sensitive zone, the approval of a Comprehensive Wildlife Management Plan, and the report from the Principal Chief Conservator of Forests highlighting threats to the elephant corridor from quarrying. The court reasoned that the NGT's orders were based on substantial evidence and aimed at preventing environmental harm, upholding the precautionary principle and sustainable development. The decision affirmed the NGT's directions, dismissing the appeal and thereby favoring environmental protection over mining interests.
Headnote
A) Environmental Law - Eco-Sensitive Zones - Mining Prohibition - Wildlife (Protection) Act, 1972, Section 36 - The NGT directed that no mining activity shall be permitted within and in the vicinity of the Similipal-Hadagarh-Kuldiha-Similipal elephant corridor and ordered completion of the process under Section 36 for declaration of conservation reserve within three months. The Supreme Court upheld this order, finding it justified based on the report of the Principal Chief Conservator of Forests and the need to protect the elephant corridor from quarrying impacts. Held that the NGT's directions were appropriate to prevent environmental degradation and ensure wildlife conservation. (Paras 1-8) B) Environmental Law - Judicial Review - NGT Orders - National Green Tribunal Act, 2010 - The appellants, stone quarry lease holders, challenged the NGT's orders including the rejection of their impleadment application and the final disposal order prohibiting mining. The Supreme Court examined the procedural history and the basis of the NGT's decisions, including the report from the Principal Chief Conservator of Forests. Held that the NGT's orders were based on proper consideration of environmental and wildlife concerns, and thus the appeal was dismissed. (Paras 1-8)
Issue of Consideration
Whether the National Green Tribunal's order directing prohibition of mining activities within and in the vicinity of the Similipal-Hadagarh-Kuldiha-Similipal elephant corridor and requiring completion of the process under Section 36 of the Wildlife (Protection) Act, 1972 for declaration of conservation reserve was legally valid and justified.
Final Decision
The Supreme Court dismissed the appeal, upholding the NGT's orders.
Law Points
- Environmental law
- Wildlife protection
- Eco-sensitive zones
- Mining regulations
- Judicial review of NGT orders
- Precautionary principle
- Sustainable development
