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New Delhi, Nov 13 (IANS) The Supreme Court on Thursday directed the Jharkhand government to notify 31,468.25 hectare area of the ecologically rich Saranda forest as a wildlife sanctuary, saying the state government “cannot run away from its duty” after repeatedly changing its stand before the top court.
A division bench led by Chief Justice of India (CJI) BR Gavai delivered a strongly worded verdict, noting how the state government had adopted an “untenable” position for more than a year, despite earlier accepting that the entire 31,468.25 hectare area, first notified as the Saranda Game Sanctuary in 1968, had no active mining and required protection.
“We see no reason why the state should now change its stand to reduce the area of the wildlife sanctuary from 31,468.25 hectares to 24,941.64 hectares,” said the division bench, which also included Justice K Vinod Chandran, rejecting Jharkhand’s attempt to notify a smaller protected area.
The top court said that several affidavits filed by the state government had consistently stated that there were no operational mines or diversion of forest land in the 126 compartments covering an area of 31,468.25 hectares.
“The State finds no impediment in notifying the said area as a wildlife sanctuary,” the bench led by CJI Gavai said.
Pulling up the Jharkhand government for delaying compliance despite clear instructions, the top court had said: “The conduct of the State has, to say the least, been completely unreasonable.”
The judgment said it had also summoned the chief secretary after the state government showed “clear contempt” of its earlier orders.
It said the Wildlife Institute of India (WII) report described the area as being of “high ecological, biodiversity (flora and fauna) and geomorphological importance”.
The top court also took note of the Justice MB Shah Commission’s findings on Saranda’s fragile ecology and environmental damage caused by unregulated mining and said the area, part of the Singhbhum elephant reserve, needs urgent statutory protection.
Referring to these findings, the Supreme Court reiterated the constitutional duty of the state government under Articles 48A and 51A(g) and said: “The State cannot shirk its duty to declare the extent of 31,468.25 hectares as Saranda Wildlife Sanctuary.”
It clarified that existing community rights could continue under the Wildlife (Protection) Act. It says, “The Collector may, in consultation with the Chief Wildlife Warden, permit the continuance of any right of any person on or over any land within the limits of the Sanctuary.”
The Saranda/Sasangada forest is one of the most ancient sal forests of India, home to rich biodiversity and tribal communities. The Geological Survey of India (GSI) has identified some potential areas for future mining in the Saranda forest.
–IANS
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