Binay Kumar Dalei and Ors. v. State of Odisha and Ors. (2022)

Introduction 

This landmark judgment addresses critical environmental concerns regarding stone quarry mining operations within and around the Kuldiha Wildlife Sanctuary, where such activities threatened the traditional Similipal-Hadagarh-Kuldiha-Similipal elephant corridor. 

• The Supreme Court pronounced this decision on March 25, 2022, emphasizing the need to balance developmental activities with environmental conservation through proper statutory compliance and wildlife management planning. 

Facts 

• The proceedings originated from Original Application No. 02 of 2019 filed by the Rural Organisation for Social Empowerment (Respondent No. 8) before the National Green Tribunal, Principal Bench, New Delhi. 
• The application sought cancellation of stone quarry leases granted pursuant to an advertisement dated August 17, 2017, and sought directions prohibiting further lease grants in the Kuldiha Wildlife Sanctuary and its notified eco-sensitive zone (notification dated August 9, 2017). 
• During proceedings, the NGT called for an inspection report from the Principal Chief Conservator of Forests, Head of Forest Force (PCCF (HoFF)) regarding the Eco-Sensitive Zone surrounding the Kuldiha Wildlife Sanctuary. 
• Based on the PCCF (HoFF) report, the NGT passed an order dated October 16, 2019 directing the State Government to bring the entire elephant corridor within the eco-sensitive zone and prohibit ingress into this area. 
• Pursuant to the NGT order, the Tehsildar Khaira directed stoppage of stone quarry operations in the Sarisua Hills. 
• The Appellants, who were lease holders of these stone quarries, sought impleadment in the proceedings, which was rejected by the NGT. 
• On February 18, 2020, the NGT disposed of the Original Application by directing that no mining activity shall be permitted within and in the vicinity of the Similipal-Hadagarh-Kuldiha-Similipal elephant corridor. 
• The Tribunal ordered completion of the process under Section 36 of the Wildlife (Protection) Act, 1972 for declaration of a conservation reserve in respect of the elephant corridor within three months. 
• The Appellants filed an appeal in the Supreme Court of India challenging the correctness of the NGT orders. 

Issues Involved 

• Whether mining activities within eco-sensitive zones surrounding the Kuldiha Wildlife Sanctuary and the traditional elephant corridor could be permitted without implementation of a Comprehensive Wildlife Management Plan? 
• Whether the NGT was justified in directing prohibition of mining activities and mandating declaration of the elephant corridor as a conservation reserve under Section 36A of the Wildlife (Protection) Act, 1972? 
• What measures must be undertaken to balance developmental needs with wildlife conservation in ecologically sensitive areas? 

Court's Observations 

• The Court emphasized that economic development is essential but must not come at the cost of environmental degradation, reaffirming the Principle of Sustainable Development that seeks harmonious balance between developmental needs and environmental conservation. 
• The Court applied the Precautionary Principle, recognizing the potential for irreversible damage to ecosystems and underscoring that in situations lacking full scientific certainty, actions that could cause serious or irreversible environmental harm should be avoided. 
• The Court reinforced the Public Trust Doctrine, holding that the State holds natural resources in trust for the public and has a duty to protect and preserve resources like forests and wildlife for public use and enjoyment. 
• The Court emphasized that natural resources cannot be exploited for short-term economic gains at the expense of long-term ecological sustainability. 
• The Court highlighted the necessity for strict compliance with environmental laws and policies, deeming unauthorized mining activities within eco-sensitive zones as illegal. 
• The Court found that the dispute could be resolved by directing implementation of the Comprehensive Wildlife Management Plan before permitting any mining activity in the eco-sensitive zone. 
• The Court mandated completion of the process for declaration of the traditional elephant corridor as a conservation reserve as provided under Section 36A of the Wildlife (Protection) Act, 1972. 

Conclusion 

• This landmark judgment reinforces the primacy of wildlife conservation and ecological protection over unregulated economic activities in environmentally sensitive zones. 
• The Supreme Court disposed of the appeals with directions to the State of Odisha to implement the Comprehensive Wildlife Management Plan before permitting any mining activity in the eco-sensitive zone. 
• The decision establishes clear procedural requirements for balancing development with conservation, mandating completion of statutory processes for declaring elephant corridors as conservation reserves.