Supreme Court bars mining in Odisha's eco-sensitive zone till implementation of Comprehensive Wildlife Management Plan

The Supreme Court on Wednesday prohibited mining activity in eco-sensitive zone in Odisha until State implements the Comprehensive Wildlife Management Plan suggested by the Standing Committee of National Board for Wildlife (NBWL) [Binay Kumar Dalei vs State of Odisha]..Besides direction to implement the Comprehensive Wildlife Management Plan, the bench of Justices L Nageswara Rao and BR Gavai also directed the State to complete the process of declaration of the traditional elephant corridor as conservation reserve as provided in Section 36A of the Wildlife (Protection) Act, 1972."State of Odisha is directed to implement the Comprehensive Wildlife Management Plan as suggested by the Standing Committee of NBWL before permitting any mining activity in the eco-sensitive zone. The State is also directed to complete the process of declaration of the traditional elephant corridor as conservation reserve as per Section 36A of the Act expeditiously," the apex court ordered.Mining activity including operations of 97 quarries shall be permitted only after that, the Court ordered.The Court was hearing an appeal filed by stone quarries against an order of the National Green Tribunal (NGT) which had barred mining in eco-sensitive zone in the State..Background.A comprehensive Wildlife Management Plan for mitigation of impact which would be caused by operation of stone quarries in Khaira Tehsil near Kuldiha Wildlife Sanctuary, Balasore had been prepared by the Divisional Forest Officer, Wildlife Division, Balasore and was approved by the Government of Odisha.It was noted in the said plan that 97 stone quarries are located immediately south to the Hadgarh Kuldiha Elephant Corridor which is a part of the traditional Similipal – Hadgarh - Kuldiha Elephant Corridor.Tehsildar Khaira had issued an advertisement inviting applications from interested persons for long term lease of Sarisua Kapilajhari Bandhanata - 97 Sairat Source (Minor Minerals) for a period of five years from the year 2017-18 to 2021-22.Environmental clearances were granted by the District Environmental Impact Assessment Authority (DEIAA) for the stone quarries on recommendation of the DEAC, pursuant to which quarrying operations were started by the Appellants and other lease holders in March, 2018.However, the NGT on a plea filed by Rural Organisation for Social Empowerment had directed that no mining activity shall be permitted within and in the vicinity of Simplipal - Hadagarh - Kuldiha – Simplipal elephant corridor. It ordered the completion of the process under Section 36 of the Wildlife (Protection) Act, 1972 for declaration of conservation reserve in respect of the elephant corridor within a period of three months. It also directed the State Government to take steps for bringing the entire corridor within the ambit of the ecosensitive zone and prohibit ingress into the eco-sensitive zone.The lease holders of the stone quarries appealed against this order before the Supreme Court. .JudgmentThe top court noted that 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.It, therefore, proceeded to issue directions to that effect..The appellants had requested the top court to direct the Government to compensate for the losses incurred for period during which they were not permitted to carry out mining operations despite holding a valid lease in their favor. However the two judge bench declined the same stating that "it cannot issue such directions." "However, the Appellants are at liberty to approach the government for redressal of their grievances," the Court said..Senior Advocates Manoj Swarup and Ranjit Kumar appeared for the Rural Organisation for Social Empowerment..[Read Judgment]