Supreme Court Upholds NGT 's Halt on Mining Near Odisha Elephant Corridor

The Supreme Court of India has upheld a National Green Tribunal (NGT) order halting mining activities near the Similipal-Hadgarh-Kuldiha-Similipal elephant corridor in Odisha . The judgment, delivered by Justice L. NageswaraRao , balances the need for environmental protection with the rights of leaseholders.

Case Background

The case stemmed from an original application filed by the Rural Organisation for Social Empowerment before the NGT in 2019. The application challenged the granting of stone quarry leases near the Kuldiha Wildlife Sanctuary and its associated eco-sensitive zone, notified in 2017. The NGT, after reviewing reports and inspections, ordered the cessation of mining operations within and in the vicinity of the crucial elephant corridor. Leaseholders appealed this decision to the Supreme Court.

Arguments Presented

The appellants argued that their quarries were outside the eco-sensitive zone and that the NGT's order violated principles of natural justice by not individually hearing them. They maintained their leases were valid and that halting operations caused them significant financial losses.

The Odisha state government, while acknowledging the need to protect the elephant corridor, argued for a more nuanced approach, permitting mining outside the eco-sensitive zone subject to the implementation of a Comprehensive Wildlife Management Plan (CWMP). The respondent, the Rural Organisation for Social Empowerment, countered that mining, even outside the eco-sensitive zone, could still harm the corridor and insisted on full implementation of the CWMP and compliance with Section 36A of the Wildlife (Protection) Act, 1972, which relates to the declaration of conservation reserves.

The Court's Decision

The Supreme Court, while recognizing the valid leases of the appellants, emphasized the paramount importance of protecting the elephant corridor. The court noted that the NBWL (National Board for Wildlife) had conditionally approved the quarrying operations, subject to the implementation of the CWMP. Justice Rao 's judgment highlights the following key points from the PCCF (HoFF) report: the elephant corridor's critical role, the environmental impact of quarrying, and the non-implementation of the CWMP despite its approval.

The Court's final decision mandates the State of Odisha to fully implement the CWMP before permitting any further mining activity, even outside the eco-sensitive zone. Further, the State must expeditiously complete the process of declaring the elephant corridor a conservation reserve under Section 36A of the Wildlife (Protection) Act. Mining operations for all 97 quarries will be permitted only after these conditions are met.

Implications

This judgment establishes a strong precedent for balancing development and environmental conservation, prioritizing the protection of wildlife corridors. While acknowledging the economic interests of the leaseholders, the court underscores the critical importance of environmental regulations and the need for rigorous compliance with environmental management plans. The court’s decision sends a clear message: environmental protection trumps economic interests when critical wildlife habitats are threatened. The decision emphasizes proactive conservation measures and a holistic approach to environmental management in areas of ecological significance.