SC directs Jharkhand to notify Saranda Sanctuary in 3 months

New Delhi: Supreme Court on Thursday directed the Jharkhand govt to notify 314 sqkm of the Saranda Forest, marked by dense growth of pristine Sal trees, as a wildlife sanctuary within three months and said this would not in any manner impede the rights of forest dwellers and tribals.This is the first instance when SC has directed the creation of a wildlife sanctuary. In the last three decades of green activism, the apex court has issued numerous directions for protection of flora, fauna, forests and eco-sensitive zones across India. In its first decision in 1996, it had framed a broad definition of forest, laid down a stringent approval regime for diversion of forest as well as compensatory afforestation and mandated prior permission from the Central Empowered Committee (CEC).A bench of Chief Justice B R Gavai and Justice K Vinod Chandran severely criticised the Hemant Soren govt for its dilly-dallying in notifying the Saranda Forest and vacillating on its area, and said Jharkhand had consistently taken a stand that in an area measuring 314 sqkm, consisting of 126 compartments, no mining activities are carried out and that the land is not diverted for any non-forest use.Writing the 71-page judgment, CJI Gavai said, “We see no reason as to why the state should now change its stand to reduce the area of the wildlife sanctuary from 314 sqkm to 249 sqkm.”

SC also protected the ongoing mining activities on behalf of the Steel Authority of India Limited and said the schools, dispensaries and other public structures, including road and rail links, would not be disturbed by the Saranda Forest being notified as a sanctuary.Jharkhand had taken shelter behind the existence of roads, schools and agricultural land in the area as well as the need for protection of forest rights of a sizeable population of tribals as reasons for reduction in the Saranda Sanctuary area.Terming the argument without substance, the CJI-led bench said, “The bogey that on declaration of wildlife sanctuary, the habitations and rights of the tribals and traditional forest dwellers will be lost and vital public infrastructures like educational institutions, roads, etc., will have to be demolished is only a figment of imagination of the state.”“Rather than taking such a stand before this court, we are of the considered view that the state should have educated the tribals/forest dwellers residing in the said areas about the rights available to them under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act as well as the Wildlife Protection Act,” the bench said.Referring to the fundamental duty of every citizen under Article 51A(g) of the Constitution to protect and improve the natural environment, including forests, lakes, rivers and wildlife, the bench said states have a positive obligation and a mandate to provide statutory protection to forests and wildlife and declare ecologically significant areas to be statutorily protected.“Jharkhand cannot run away from its duty to declare the extent of 31,468.25 hectares as Saranda Wildlife Sanctuary,” the bench said. Saranda Forest Division represents a critical ecological zone. The region's rich biodiversity and its importance for species like the Asiatic elephant, chousingha, mouse deer and sloth bear are under threat, necessitating a balanced approach that integrates conservation strategies with sustainable development practices, an expert body had said in its report.