Sakunjay Vyas
Published on: March 3, 2022 15:31 IST
The Two Judge Bench of Justice L. Nageshwar Rao and Justice B. R. Gavai of Supreme Court overturned National Green Tribunal, Principal Bench, New Delhi, order that prohibited of operations of stone quarries in the Sarisua Hills.
The Supreme Court recently ruled that,
The dispute in between the lease holders and State can be resolved by giving a direction to the State Government to implement the Comprehensive Wildlife Management Plan and complete the process of declaration of the traditional elephant corridor as conservation reserve as provided in Section 36A of the Wildlife (Protection) Act, 1972.
The Two Judge Bench of Justice L. Nageshwar Rao and Justice B. R. Gavai were hearing an appeal against National Green Tribunal, Principal Bench, New Delhi, order that prohibited of operations of stone quarries in the Sarisua Hills, for the protection of eco-sensitive zone.
The Apex Court took into consideration the issue in hand and tried to understand the perspective of both sides and the judgment made by the National Green Tribunal (NGT). The NGT called for a report from the Principal Chief Conservator of Forests, Head of Forest Force for inspection of the Eco-Sensitive Zone, based on the report directed the State Government to take steps for bringing the entire corridor within the ambit of eco-sensitive zone.
The main contention of the Appellants is that their stone quarries are not amongst the eco-sensitive zone. The Appellants further contended that the NGT refused to hear the Appellants before passing an order.
The respondents argued that no mining activity can be permitted even in the vicinity of an eco-sensitive zone unless the Comprehensive Wildlife Management Plan has been implemented and Section 36A of the Wildlife (Protection) Act, 1972, has been complied with.
The Apex Court after hearing the council of both the sides came to a conclusion that the issue in hand can be resolved if the State Government implements the Comprehensive Wildlife Management Plan, since both the parties agreed for the mining activities to be continued in the areas which doesn’t fall under the ambit of eco-sensitive zone.
“The dispute can be resolved by giving a direction to the State Government to implement the Comprehensive Wildlife Management Plan and complete the process of declaration of the traditional elephant corridor as conservation reserve as provided in Section 36A of the Act.”
the Court said.
As a result, the Apex Court overturned National Green Tribunal, Principal Bench, New Delhi, order that prohibited of operations of stone quarries in the Sarisua Hills, by directing the state of Odisha to implement the Comprehensive Wildlife Management Plan and complete the proceedings under section 36A of Wildlife (Protection) Act, 1972.
The Court further suggested the appellants to approach the Government for redressal of their grievances, if any.