BINAY KUMAR DALEI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Rural Organisation for Social Empowerment - Respondent No.8 herein, filed Original Application No. 02 of 2019 before the National Green Tribunal, Principal Bench, New Delhi (hereinafter, 'the NGT') for a direction to the opposite parties therein to cancel the stone quarry leases granted pursuant to an advertisement dated 17.08.2017. Respondent No.8 also sought for a direction that no further lease shall be granted in the Kuldiha Wildlife Sanctuary and the eco-sensitive zone lined to it, as were notified in the notification dated 09.08.2017. It was further prayed that an enquiry should be conducted into the illegal and unlawful advertisement for long term leases in the wildlife sanctuary. During the pendency of the Original Application, the NGT vide orders dated 22.01.2019 and 12.03.2019 called for a report from the Principal Chief Conservator of Forests, Head of Forest Force (hereinafter 'PCCF (HoFF)') after conducting an inspection of the Eco-Sensitive Zone surrounding the Kuldiha Wildlife Sanctuary. Based on the report submitted by the PCCF (HoFF), the NGT by an order dated 16.10.2019 directed the State Government to take steps for bringing the entire corridor within the ambit of ecosensitive zone and prohibit ingress into the eco-sensitive zone. Pursuant to this order of the NGT, Tehsildar Khaira directed the stoppage of operations of stone quarries in the Sarisua Hills. Aggrieved thereby, the Appellants, who were the lease holders of these stone quarries, filed an application for impleadment which was rejected by the NGT on 04.12.2019. On 18.02.2020, the NGT disposed of the Original Application by directing that no mining activity shall be permitted within and in the vicinity of Simplipal - Hadagarh - Kuldiha - Simplipal elephant corridor. The Tribunal ordered completion of the process under Section 36 of the Wildlife (Protection) Act, 1972 (hereinafter, 'the Act') for declaration of conservation reserve in respect of the elephant corridor within a period of three months. The Appellants have filed this appeal assailing the correctness of the orders passed by the NGT.

(2.) By a notification dated 29.01.2001 issued by the Government of Odisha, Forest and Environment Department, area comprising of portions of Mayurbhanj, Balasore, Bhadrak and Keonjhar was declared as an elephant reserve - Mayubhanj (Similipal-KuldihaHadgarh) Elephant Reserve, under the Central Scheme "Project Elephant". The total area of the elephant reserve was shown as 3213.81 sq. kms and the core area was 845 sq. kms of the existing Similipal Sanctuary. With respect to the taking up of non-forestry activities in wildlife habitats, the Government of India, Ministry of Environment and Forests (Wildlife Division) issued a guideline document on 15.02.2011. It was mentioned in the said document that environmental clearances for any project that falls within 10 kms boundary of the National Parks and Sanctuaries will be subject to the recommendations of the Standing Committee of National Board for Wildlife (hereinafter 'NBWL'). The user agency/project proponent has to seek prior permission from the Standing Committee of the NBWL before seeking environmental clearance in case the concerned project is located within the eco-sensitive zone or within 10 kms in absence of delineation of such a zone from the boundaries of National Parks, Wildlife Sanctuaries or is an Elephant Reserve/Tiger Reserve and/ or important corridors of wildlife movement.

(3.) In order to operate certain stone quarries near Kuldiha Wildlife Sanctuary, the State of Odisha submitted a proposal to the Standing Committee of NBWL. In its 40th meeting held on 03.01.2017, the Standing Committee of NBWL considered the proposal of the State of Odisha involving operation of 97 Nos. of stone quarries at a distance of 2 kms from the boundary of Kuldiha Wildlife Sanctuary. After due deliberations, the Standing Committee agreed to recommend the proposal subject to the implementation of a Comprehensive Wildlife Management Plan in the region, for mitigation of impact which would be caused by operation of all quarries and transportation of materials.