New Delhi, Nov 13 (IANS) The Supreme Court on Thursday directed the Jharkhand government to notify 31,468.25 hectares of the ecologically rich Saranda forest as a wildlife sanctuary, holding that the state government could not “run away from its duty” after repeatedly shifting its stand before the apex court.

A Bench led by Chief Justice of India (CJI) B.R. Gavai delivered a strongly worded judgment, recounting how the state government had taken “topsy-turvy” positions for over a year, despite having earlier admitted that the entire 31,468.25-hectare area, first notified as the Saranda Game Sanctuary in 1968, contained no active mining and required protection.

“We see no reason as to 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 Bench, also comprising Justice K Vinod Chandran, rejecting Jharkhand’s attempt to notify a smaller protected area.

The apex court noted that multiple affidavits filed by the state government itself consistently stated that the 126 compartments comprising the 31,468.25-hectare zone had no operational mines or diversion of forest land.

“There appears to be no impediment to the State notifying the said area as a Wildlife Sanctuary,” the CJI Gavai-led Bench observed.

Pulling up the Jharkhand government for delaying compliance despite clear directions, the top court had said: “The conduct of the State, to say the least, has been totally unfair.”

The judgment said that it had even summoned the Chief Secretary after finding the state government “in clear contempt” of its earlier orders.

It added that the Wildlife Institute of India (WII) report described the area as “of immense ecological, biodiversity (floral and faunal), and geomorphological significance.”

The top court also noted the Justice M.B. Shah Commission’s findings on the fragile ecology of Saranda and the environmental damage caused by unregulated mining, observing that the region, part of the Singhbhum Elephant Reserve, required urgent statutory protection.

Referring to these findings, the Supreme Court reiterated the constitutional duty of the state government under Articles 48A and 51A(g), observing: “The State cannot run away from 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. “The Collector, in consultation with the Chief Wild Life Warden, may allow the continuance of any right of any person in or over any land within the limits of the sanctuary,” it said.

Saranda/Sasangda forest is one of India’s most pristine sal forests, home to rich biodiversity and tribal communities. The Geological Survey of India (GSI) has identified certain prospecting areas for future mining in the Saranda forest.

–IANS

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