Introduction

The case of Rural Organisation For Social Empowerment (R.O.S.E.) v. State Of Odisha adjudicated by the National Green Tribunal (NGT) on February 18, 2020, addresses critical environmental concerns arising from the granting of mining leases within designated Eco-Sensitive Zones (ESZ). The applicants, R.O.S.E., challenged the state's decision to permit stone mining in Sarisua Kapilajhari Bandhanata village, Khaira Tehsil, Balasore District, Odisha. Central to the dispute were allegations that the mining activities infringed upon the ESZ surrounding the Kuldiha Wildlife Sanctuary and threatened the Similipal-Hadagarh-Kuldiha Elephant Corridor, a vital habitat corridor for elephants.

Summary of the Judgment

The NGT, upon reviewing the applications submitted by R.O.S.E., found substantial evidence indicating that 11 out of 97 stone quarries were encroaching upon the ESZ designated around the Kuldiha Wildlife Sanctuary. The Tribunal emphasized the absence of an Environment Management Plan by the Revenue Authorities and highlighted the imminent threat posed to both the local ecology and the traditional elephant corridor used by wildlife. Consequently, the NGT directed the cessation of mining activities within the ESZ, mandated environmental compensation from the offending quarries, and ordered the establishment of a Conservation Reserve under the Wildlife (Protection) Act, 1972, to safeguard the elephant corridor.

Analysis

Precedents Cited

The Judgment references the Executive Application No. 55/2018 in O.A No. 520/2016, Vikrant Tongad Versus Union of India, wherein the NGT had previously directed the suspension of certain environmental notifications pending new directives. This precedent underscores the Tribunal's commitment to stringent environmental oversight and the necessity of adhering to established protocols before granting mining leases.

Additionally, the case aligns with principles established under the Wildlife (Protection) Act, 1972, particularly Section 36, which empowers authorities to declare Conservation Reserves. This legislative framework reinforces the importance of preserving ecological corridors critical for wildlife movement and genetic diversity.

Legal Reasoning

The NGT's decision was grounded in several legal and environmental considerations:

• Jurisdiction of ESZ: The area in question was designated as an Eco-Sensitive Zone, where mining activities are prohibited unless explicit permissions are granted following rigorous environmental assessments.
• Impact on Wildlife Corridors: The quarries' proximity to the Similipal-Hadagarh-Kuldiha Elephant Corridor posed significant risks to elephant movements, potentially leading to habitat fragmentation and increased human-wildlife conflicts.
• Non-compliance with Environmental Management: The absence of a submitted Environment Management Plan by the Revenue Authorities violated the conditions set forth at the SC-NBWL's 40th meeting, which approved the operation of the quarries with specific pre-conditions.
• Failure to Pay Environmental Costs: The State's non-payment of the Environment Cost, intended for the implementation of the Comprehensive Wildlife Management Plan (CWLMP), demonstrated negligence in fulfilling statutory obligations towards environmental conservation.

The Tribunal concluded that these violations warranted immediate remedial action to halt further environmental degradation and enforce compliance with existing environmental laws and policies.

Impact

The Judgment has profound implications for future mining operations within Eco-Sensitive Zones across India:

• Strengthening ESZ Protections: By enforcing the cessation of unauthorized mining activities, the NGT reinforces the sanctity of ESZs and ensures that economic activities do not override environmental conservation mandates.
• Enhanced Oversight of Wildlife Corridors: The directive to declare Conservation Reserves underlines the necessity of preserving wildlife corridors, thereby promoting biodiversity and ecological balance.
• Accountability and Compliance: The imposition of environmental compensation from violating entities sets a precedent for financial accountability, compelling mining operators to adhere strictly to environmental guidelines.
• Policy Enforcement: The Judgment underscores the judiciary's role in enforcing environmental policies, potentially leading to more vigilant application of environmental laws in various sectors.

Complex Concepts Simplified

To facilitate a better understanding, several legal and environmental terms used in the Judgment are elucidated below:

• Eco-Sensitive Zone (ESZ): Areas designated around protected regions like wildlife sanctuaries where certain activities, such as mining, are regulated or prohibited to minimize environmental impact.
• Comprehensive Wildlife Management Plan (CWLMP): A strategic plan aimed at mitigating the adverse effects of human activities on wildlife, ensuring their habitats are preserved and ecological balance is maintained.
• Conservation Reserve: A protected area declared by the government to conserve wildlife and their habitats, recognized under the Wildlife (Protection) Act, 1972.
• Environmental Compensation: Financial restitution imposed on entities that cause environmental harm, intended for restoration and remediation activities.
• Separately Mentioned Application (I.A): Legal petitions filed in response to the main application, addressing related but distinct concerns.

Conclusion

The R.O.S.E. v. State Of Odisha Judgment serves as a pivotal reference in environmental jurisprudence, highlighting the imperative to balance developmental activities with ecological sustainability. By mandating the cessation of unauthorized quarry operations within Eco-Sensitive Zones and enforcing stringent compliance with environmental management plans, the NGT has reaffirmed the judiciary's pivotal role in environmental conservation. This decision not only safeguards critical wildlife corridors and habitats but also sets a robust legal precedent, ensuring that future economic endeavors align with India's commitment to environmental stewardship and biodiversity preservation.