VIKASH MAHTO Vs. UNION OF INDIA

JUDGEMENT

(1.) An affidavit of the Road Construction Department has been filed in response to the order dated 27th February 2018 on the subject of sanction of four roads in the core area of Palamau Tiger Reserve, a sanctuary. As per the statements made therein a decision was taken to construct/modify the Latehar and Garhwa District Border Area Roads for prohibiting the extremist activities in the area of Budha Pahar on the basis of a letter of the Inspector General dated 27th Dec. 2017. In the light of the aforesaid decision of the Road Construction Department, four schemes were approved by the Cabinet. All the aforesaid four schemes belong to the Rural Works Department. Road Construction Department has taken decision to widen the roads. It is further stated that in all the aforesaid work orders it is clearly mentioned that after getting wildlife clearance or environmental clearance or both, the tender process will be processed. It further states that after following the PTR Rules and Regulations and after getting the clearance under the Wildlife Clearance Wildlife (Protection) Act, 1972; the Forest (Conservation) Act, 1980 and/or the Environmental Protection Act, 1986, the tender process will be processed.

(2.) Learned A.S.G.I. has filed an affidavit on behalf of the Ministry of Environment, Forest and Climate Change on this very issue. It states that for construction/reconstruction/widening/strengthening of any road, where forest land is proposed for diversion under any protected area, the forest clearance is attracted under provisions of Forest (Conservation) Act, 1980 as well as wildlife clearance from National Board for Wildlife under Wildlife (Protection) Act, 1972. It further categorically states that the Ministry has not received any proposal for forest clearance for construction/reconstruction/widening/strengthening of any road in Palamau Tiger Reserve. Thereafter it makes a reference to the meeting of the Forest Advisory Committee held on 26th Oct. 2017 whereunder a proposal for diversion of 1007.26 ha. forest land for Mandal Dam was recommended and the Ministry of Environment, Forest and Climate Change vide letter dated 23rd February 2018 has accorded "inprinciple" approval with some conditions on the recommendation of the State Government and the Ministry of Water Resources. The proposal had been examined by the National Tiger Conservation Authority and on the recommendations/observations of the NTCA, the National Board for Wildlife had recommended the wildlife clearance in its 42nd meeting held on 21st July 2017 with some conditions. The final approval would be granted on submission of the compliance report from the State Government.

(3.) In the light of the affidavit of the Road Construction Department, learned Advocate General submits that the said Department is very clear that no construction would be started unless the forest clearance and the wildlife clearance are obtained from the competent authorities. He seeks some more time to have the comprehensive stand of the Road Construction Department and also the Department of Forest, Environment and Climate Change on the subject.