New Delhi, Mar 2 (PTI) The Supreme Court on Wednesday directed the Odisha government to implement the comprehensive wildlife management plan before permitting any mining activity in the eco-sensitive zone in the Similipal-Hadgarh-Kuldiha Elephant Corridor.

A bench of Justices LN Rao and BR Gavai also directed the state government to complete the process of declaration of the traditional elephant corridor as conservation reserve as per Section 36A of the Wildlife (Protection) Act, 1972 expeditiously.

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It said, “Therefore, the 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”.

It said that the mining operations of 97 quarries shall be permitted only after the implementation of the comprehensive wildlife management plan and declaration of the traditional elephant corridor as a conservation reserve.

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The top court passed the verdict on an appeal filed by stone quarry owners against the order of the National Green Tribunal dated February 18, 2020, by which it had directed that no mining activity shall be permitted within and in the vicinity of the Simplipal-Hadagarh-Kuldiha elephant corridor.

The bench noted the submission of quarry owners and the state government that there is no justification for stopping mining activity in the area which does not fall within the eco-sensitive zone.

It also noted that counsel for 'Rural Organisation for Social Empowerment, an NGO's submission that no mining activity can be permitted even in the vicinity of an eco-sensitive zone unless the Comprehensive Wildlife Management Plan has been implemented and Section 36A of the Act has been complied with.

It noted that by a notification dated January 29, 2001, issued by the Odisha government, an area comprising of portions of Mayurbhanj, Balasore, Bhadrak, and Keonjhar was declared as an elephant reserve – Mayubhanj (Similipal-Kuldiha-Hadgarh) Elephant Reserve, under the Central Scheme “Project Elephant”.

The top court noted that concerning the taking up of non-forestry activities in wildlife habitats, the Union Ministry of Environment and Forests issued a guideline document on February 15, 2011, in which it was said that environmental clearances for any project that falls within 10 km boundary of the National Parks and Sanctuaries will be subject to the recommendations of the Standing Committee of National Board for Wildlife (NBWL).

The notification said that 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 km 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.

The Odisha government in order to operate certain stone quarries near Kuldiha Wildlife Sanctuary, submitted a proposal to the standing committee of NBWL, which considered the proposal involving the operation of 97 stone quarries at a distance of 2 km from the boundary of Kuldiha Wildlife Sanctuary.

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.

The Divisional Forest Officer, Wildlife Division, Balasore prepared a Comprehensive Wildlife Management Plan for mitigation of impact which would be caused by the operation of stone quarries in Khaira Tehsil near Kuldiha Wildlife Sanctuary and was approved by the Odisha government.

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.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)