The legal case revolves around the protection of the elephant corridor from the adverse impacts of quarrying activities. The court has issued orders to halt the quarry operations to safeguard the habitat and prevent further degradation. This summary focuses on the detailed legal analysis provided by the court in the context of wildlife protection and environmental conservation. Stay tuned to understand the implications of this significant legal decision.
Facts
- Notification issued inviting applications for long-term lease of Sarisua Kapilajhari Bandhanata – 97 Sairat Source (Minor Minerals) for a period of five years
- Environmental clearances granted for stone quarries near the traditional Similipal – Hadgarh – Kuldiha – Similipal elephant corridor
- Evident threat to habitat and Elephant corridor due to quarrying
- Conducting an enquiry into the illegal advertisement for long-term leases in the wildlife sanctuary recommended
- Risk factors of quarrying such as land disturbance, dust, vibrations, noise, traffic, visual effects, impact on cultural and historical values, discharge of contaminants highlighted
- Standing Committee of NBWL recommended the proposal for operation of 97 stone quarries with pre-conditions
- Comprehensive Wildlife Management Plan for mitigation of impacts by quarrying and transportation approved
- NGT directed the State Government to take steps for bringing the entire corridor within the eco-sensitive zone and prohibit ingress
- Stoppage of operations of stone quarries in Sarisua Hills directed by Tehsildar Khaira after NGT order
- NGT’s order prohibiting mining activity within and in the vicinity of Simplipal – Hadagarh – Kuldiha – Simplipal elephant corridor
- Directive for completion of the process under Section 36 of the Wildlife (Protection) Act for declaration of conservation reserve for the elephant corridor within three months
- Guideline document on taking up non-forestry activities in wildlife habitats issued by the Government of India, Ministry of Environment and Forests
- The NGT directed 11 quarries to confine their activities outside the eco-sensitive zone.
- Assessment of damage cost/restoration cost, responsible quarries, and penalty realization to be carried out by Mining Department and Revenue Department.
- Vector polygons of quarries to be shared with all concerned departments.
- Expert organizations like ICFRE, Dehradun/TERI, New Delhi may be consulted if needed.
- Quarry operations in the identified area to be halted till the exercise is completed.
- Proposal for declaring the conservation reserve in the corridor to be initiated.
- NGT ordered the State Government to consider bringing the entire elephant corridor within the eco-sensitive zone.
- Funds for restoration to come from CAMPA/State funding and environment cost released from quarries.
- Clearance required from SEIAA, Odisha for further quarry operations.
- DGPS mapping to be done for all quarries to prevent further ingress into the ESZ.
- Monitoring Committee to be constituted at the district level for wildlife and environment issues.
- Implementation of Comprehensive Wildlife Management Plan with financial outlay from F&E Department.
- Penalization recommended for quarries that have intruded into the ESZ boundary.
- Intactness of ESZ pillars for demarcation to be ensured by the Revenue Department.
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Arguments
- The Appellants, aggrieved by the order of the NGT, have filed an appeal regarding the stoppage of mining activity in the Similipal – Hadgarh – Kuldiha – Similipal Elephant Corridor.
- The Appellants argue that their quarries are not within the eco-sensitive zone where mining activity has been ordered to be stopped.
- The Respondent No. 8 contends that mining activity cannot be permitted near an eco-sensitive zone without the implementation of the Comprehensive Wildlife Management Plan and compliance with Section 36A of the Act.
- The State Government of Odisha acknowledges the need for implementation of the Comprehensive Wildlife Management Plan before quarrying operations are permitted.
- There is an active proposal to declare the Similipal – Hadgarh – Kuldiha – Similipal traditional Elephant Corridor as a conservation reserve under Section 36 of the Act.
- The Appellants argue that their stone quarries are situated outside the eco-sensitive zone and should not be subjected to stoppage of operations.
- The NGT’s decision to stop mining activity is contested by the Appellants on the grounds of lack of natural justice and refusal to hear their side.
- The approval for quarrying operations in the wildlife habitat was granted by the Standing Committee of the NBWL, contingent upon the implementation of the Comprehensive Wildlife Management Plan.
- State directed to complete declaration of traditional elephant corridor as conservation reserve.
- Court declined to direct compensation for losses incurred during mining operations prohibition.
- Dispute resolution suggested through implementation of Comprehensive Wildlife Management Plan.
- State to implement the Plan before permitting any mining activity in eco-sensitive zone.
- Advocate General stated mining operations will only be allowed post implementation of the Plan.
- Compliance with Section 36A of the Act for declaration of elephant corridor as conservation reserve in advanced stage by State Government.
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Analysis
- The Appellants have the option to approach the Government for resolution of their grievances.
- They can seek redressal through official channels.
- The Government is open to considering their concerns and providing a remedy.
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Decision
- This appeal arises from the same order dated 18.02.2020 passed by the NGT in O.A. No 02/2019(EZ).
- Civil Appeal No 1529 of 2022 is disposed of in terms of the judgment in Civil Appeal Nos. 1627-1628 of 2022.
- The mining operations of 97 quarries shall be permitted only thereafter.
Case Title: BINAY KUMAR DALEI Vs. THE STATE OF ODISHA (2022 INSC 254)
Case Number: C.A. No.-001627-001628 / 2022
