Did the SC Direct Jharkhand to Declare Saranda Forest as a Wildlife Sanctuary?
Synopsis
Key Takeaways
- The Supreme Court has mandated the notification of Saranda forest as a wildlife sanctuary.
- The area in question spans 31,468.25 hectares.
- The court criticized the Jharkhand government for its inconsistent positions.
- Community rights may continue under the Wildlife (Protection) Act.
- The region is noted for its ecological significance and biodiversity.
New Delhi, Nov 13 (NationPress) The Supreme Court mandated on Thursday that the Jharkhand government must officially declare 31,468.25 hectares of the ecologically significant Saranda forest as a wildlife sanctuary. The court emphasized that the state could not evade its responsibilities after frequently altering its position before the apex court.
A panel led by Chief Justice of India (CJI) B.R. Gavai issued a strongly worded ruling, highlighting the state's inconsistent stance over the past year, despite having previously acknowledged that the entire 31,468.25-hectare expanse, initially designated as the Saranda Game Sanctuary in 1968, had no active mining operations and was in need of protection.
“We find no justification for the State's attempt to modify its position and reduce the size of the wildlife sanctuary from 31,468.25 hectares to 24,941.64 hectares,” stated the Bench, which also included Justice K Vinod Chandran, dismissing Jharkhand’s efforts to designate a smaller protected area.
The apex court pointed out that several affidavits submitted by the state consistently claimed that the 126 compartments comprising the 31,468.25-hectare zone were free from operational mines or forest land diversion.
“There seems to be no barrier preventing the State from designating this area as a Wildlife Sanctuary,” the CJI Gavai-led Bench remarked.
Criticizing the Jharkhand government's delays in compliance despite clear directives, the court stated: “The conduct of the State has been utterly unreasonable.”
The judgment noted that it had summoned the Chief Secretary after determining that the state government was “in clear contempt” of prior orders.
Additionally, the Wildlife Institute of India (WII) report characterized the region as having “immense ecological, biodiversity (both floral and faunal), and geomorphological importance.”
The apex court also acknowledged the findings of the Justice M.B. Shah Commission, which highlighted the delicate ecology of Saranda and the environmental harm inflicted by unregulated mining, indicating that the area, part of the Singhbhum Elephant Reserve, urgently needed legal protection.
In light of these findings, the Supreme Court reaffirmed the constitutional obligations of the state government under Articles 48A and 51A(g), stating: “The State cannot evade its responsibility to declare the extent of 31,468.25 hectares as Saranda Wildlife Sanctuary.”
It clarified that existing community rights could persist under the Wildlife (Protection) Act. “The Collector, in consultation with the Chief Wildlife Warden, may permit the continuation of any rights held by any individual over any land within the sanctuary,” it stated.
The Saranda/Sasangda forest is one of India’s most untouched sal forests, characterized by rich biodiversity and inhabited by tribal communities. The Geological Survey of India (GSI) has pinpointed certain areas for potential mining in the Saranda forest.