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Rural Organisation For Social Empowerment (R.O.S.E.) v. State Of Odisha
Structured Summary of the Tribunal Opinion — Stone Quarrying near Kuldiha Wildlife Sanctuary (Balasore, Odisha)
Factual and Procedural Background
Applicants challenged the grant of a mining lease for stone mining in the village of Sarisua Kapilajhari Bandhanata, Khaira Tehsil, District Balasore, Odisha. The lease was granted following an advertisement dated 17.08.2017 and quarrying is stated to have commenced in March 2018. The principal contention of the applicants is that the leased area falls within the Eco-Sensitive Zone (ESZ) around the Kuldiha Wildlife Sanctuary as notified by the Ministry of Environment, Forests and Climate Change (S.O. 2539 (E), dated 09.08.2017), and that the mining activity is therefore a prohibited activity under that notification.
The applicants also alleged that the leased area lies adjacent to the traditional Similipal–Hadgarh–Kuldiha inter‑district wildlife (elephant) corridor, posing imminent threat to local ecology and the elephant corridor, and that some leased-out sources fall in the catchment area of a perennial natural water source within the ESZ.
In the proceedings the Tribunal directed an inspection and sought a report from the Principal Chief Conservator of Forests (Head of Forest Force) (PCCF (HoFF)), Odisha, with directions that if allegations were found correct appropriate action be taken and that assessment of environmental loss, remediation and restoration costs be kept open for later determination.
The PCCF (HoFF) filed a detailed report recording (inter alia) elephant movement through the corridor, the existence of a cluster of 97 quarries around the traditional elephant corridor, the absence of an environment management plan from Revenue Authorities, and the approval (in principle) of a Comprehensive Wildlife Management Plan (CWLMP) in July 2017 with an estimated outlay. The PCCF made specific recommendations, which the Tribunal considered and accepted. The State filed subsequent compliance reports describing DGPS/pillar posting activity, submissions for cancellation in respect of ingress cases, assessment and collection of environmental compensation, and the ongoing DGPS process.
Legal Issues Presented
- Whether the grant of the mining lease and the subsequent quarrying activity are unlawful because the leased area falls within the Eco‑Sensitive Zone (ESZ) around Kuldiha Wildlife Sanctuary (notification S.O. 2539 (E), dated 09.08.2017), making such activity prohibited under the notification.
- Whether quarrying operations adjacent to or ingressing into the Similipal–Hadgarh–Kuldiha–Similipal elephant corridor pose a definite and imminent threat to ecology and to elephant movement, thereby necessitating immediate remedial and protective measures.
- What remedial steps, including stopping operations, penal measures, environmental compensation and habitat/conservation measures (including declaration of a Conservation Reserve under Section 36 of the Wildlife (Protection) Act, 1972), should be directed to prevent further ecological damage and to restore the affected area.
- Whether quarry operations in the area should be permitted only upon compliance with clearances and environment management requirements (including the need for SEIAA clearance as guided by the NGT order referenced).
Arguments of the Parties
Applicant's Arguments
- The mining lease was granted for an area that lies within the Eco‑Sensitive Zone declared around Kuldiha Wildlife Sanctuary (notification S.O. 2539 (E) dated 09.08.2017), making the mining activity a prohibited activity under the notification.
- Quarrying began in March 2018 and the operations are adjacent to the traditional Similipal–Hadgarh–Kuldiha inter‑district wildlife (elephant) corridor, posing imminent and definite threat to local ecology and the elephant corridor, with potential for man–animal conflict.
- Some leased sources lie in the catchment area of a perennial natural water source within the ESZ, raising concerns of hydrological and ecological impact.
The opinion does not present a detailed account of affirmative legal arguments advanced by the State or other parties in adversarial form; instead, the State's compliance steps and the PCCF report are recorded as factual and administrative responses.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Vikrant Tongad v. Union of India (Executive Application No. 55/2018 in O.A. No. 520/2016), order dated 11.12.2018 (NGT) | That the notification dated 15.01.2016 of the MoEF&CC would stand suspended until a fresh notification is issued by the MoEF&CC, New Delhi. | The PCCF recommended and the Tribunal applied this direction to require that further quarry operation in the area be allowed only after obtaining specific clearance from SEIAA, Odisha, in accordance with the NGT order referenced. |
Court's Reasoning and Analysis
The Tribunal's analysis proceeded on the following factual and administrative findings as drawn largely from the PCCF (HoFF), Odisha report and the State's subsequent compliance reports:
- PCCF Findings — The PCCF reported frequent elephant movement between Kuldiha and Hadgarh sanctuaries along the traditional Similipal–Hadgarh–Kuldiha–Similipal corridor and recorded that quarrying activities cause on‑site and off‑site environmental effects posing an evident threat to habitat and the elephant corridor.
- Cluster and Management Plan — The PCCF noted a cluster of 97 stone quarries around the corridor. Although a Comprehensive Wildlife Management Plan (CWLMP) had been approved by the State (July 2017) with a financial outlay of Rs. 677.13 lakh for mitigation measures over 10 years, the revenue authorities had not yet paid the required Environment Cost for implementing the CWLMP, and no environment management plan had been submitted by the Revenue Authorities for the cluster.
- Specific Ingress — The PCCF identified 11 quarries as ingressing into the ESZ (with particulars and ingress areas reproduced in the report) and recorded the nature of activities (excavation, road formation, dumping of debris, blasting) within ESZ limits.
- Recommendations — The PCCF recommended (A–D) measures: penalize quarries that ingressed into ESZ, joint assessment by Mining and Revenue Departments of damage/restoration cost, stopping the operation of such quarries until the exercise is complete, ensure SEIAA clearance before permitting further quarrying (citing the NGT order in Vikrant Tongad), immediate DGPS mapping and pillar posting for all 97 quarries, finalize and ensure strict adherence to environment/cluster management plans, immediate deposit of Environment Cost for CWLMP implementation, constitution of a district‑level monitoring committee, and initiation of process for declaration of a Conservation Reserve under Section 36 of the Wildlife (Protection) Act, 1972, for the identified corridor area.
- Tribunal's Assessment and Directions — The Tribunal accepted the PCCF's recommendations. Noting that 86 quarries were actively operating adjacent to the elephant corridor and 11 had ingress into the ESZ, the Tribunal expressed concern about likely obstruction of the corridor and man–animal conflict, directed that the entire corridor be brought within the ambit of the ESZ after consultation with experts, and ordered that operations of quarries ingressing into or adjacent to the ESZ should not be permitted. The Tribunal also directed urgent implementation of the PCCF recommendations and required the State to file compliance reports.
- State Compliance and Factual Record — The State reported completion of pillar posting and DGPS survey for the 97 quarries, submissions for cancellation in respect of ingress cases, and that environmental compensation was being assessed by a joint team; amounts collected included Rs. 36,59,649 towards compensation from illegal miners and Rs. 76,51,568 towards Environment Management Fund (as reported). The Tribunal recorded these compliance steps and directed further reporting as necessary.
- Implementation Orders — Concretely, the Tribunal ordered (a) acceptance and implementation of PCCF recommendations, (b) the 11 quarries ingressing into the ESZ to confine activities outside the ESZ and cessation of activities within ingress areas, (c) recovery of environmental compensation from trespassing units as assessed by the PCCF in accordance with CPCB guidelines and law, (d) prohibition of mining activity within and in the vicinity of the Similipal–Hadgarh–Kuldiha–Similipal elephant corridor, and (e) completion of the Section 36 process for declaration of a Conservation Reserve in respect of the corridor within three months or the statutory timeline.
Holding and Implications
Holding: The Tribunal accepted the PCCF (HoFF), Odisha report and directed its recommendations to be acted upon. It ordered that the 11 quarries ingressing into the Eco‑Sensitive Zone must confine activities outside the ESZ and that all activities within the ingress area shall be stopped forthwith. It directed recovery of environmental compensation as assessed by the PCCF in accordance with CPCB guidelines; prohibited any mining activity within and in the vicinity of the identified elephant corridor; required completion of the process under Section 36 of the Wildlife (Protection) Act, 1972 for declaration of a Conservation Reserve within three months or within the Act's timelines. The Tribunal disposed of the original applications and the interlocutory applications with no order as to costs.
Direct consequence for the parties:
- Immediate cessation of activities within the ingress areas of the 11 quarries identified as being inside the ESZ.
- Requirement for the identified quarries to confine operations outside the ESZ; recovery of environmental compensation from trespassing mining units as assessed by the PCCF and in accordance with CPCB guidelines.
- No mining activity permitted within and in the vicinity of the Similipal–Hadgarh–Kuldiha–Similipal elephant corridor until protective measures and statutory processes (including possible declaration of a Conservation Reserve) are completed.
- State-directed administrative steps (DGPS mapping, pillar posting, monitoring committee, implementation of CWLMP and collection/deposit of Environment Cost) to be undertaken and reported on by the State authorities.
Broader implications: The opinion implements protective and remedial administrative measures to safeguard an identified elephant corridor and ESZ and enforces compliance with environmental management planning and payment of environment costs. The Tribunal's order accepts and enforces the PCCF's administrative recommendations and applies an NGT direction (Vikrant Tongad) regarding suspension of a prior MoEF&CC notification as relevant to clearance processes. The opinion does not purport to lay down a new legal precedent beyond the directions and administrative orders given in the facts of this case.
Disposition
DISPOSITION: Both the original applications and all interlocutory applications are disposed of with no order as to costs, subject to the directions and remedial measures specified above.
1. In these applications, the applicants assail the grant of mining lease for sairat sources (Stone Mining) in the village of Sarisua Kapilajhari Bandhanata in Khaira Tehsil, District Balasore, Odisha as a consequence of an advertisement dated 17.08.2017 called therefor. It is stated that the quarrying began in the March, 2018. The primary ground questioning the lease is that the area where the mining lease has been granted falls in the Eco-Sensitive Zone surrounding the Kuldiha Wildlife Sanctuary declared vide the notification No. S.O. 2539 (E), dated 09.08.2017 of the Ministry of Environment, Forests and Climate Change. The case of the applicant is that the activity is a prohibited activity under the said notification.
2. The next concern expressed by the Applicant is that as the area where lease had been granted lies adjacent to the traditional Similipal-Hadagarh-Kuldiha Inter District Wildlife Corridor, it poses imminent and definite threat not only to the ecology of the locality but also the Elephant Corridor. The Leased out sources is also stated to fall in the catchment area of a perennial natural water source located within the Eco-Sensitive Zone.
3. Having regard to the facts and circumstances set-out in the original application, a report was called for from the PCCF (HoFF)), Odhisa after getting an inspection carried out to ascertain on the factual aspects. It was further directed that if the allegation are found to be correct, to take appropriate action in accordance with law to prohibit such activities. The question of environmental loss and damage was also left open including the cost of remediation, restitution and restoration for environment to be assessed later.
4. The report of the PCCF (HoFF), Odisha was filed before us and taken up on 16.10.2019, the relevant portion of which had been taken note of which we may reproduce below for convenience.
5. Report has been received from the PCCF (HOFF) according to which it has been observed as under:
“III. Frequent movement of elephants is reported from Kuldiha Wildlife Sanctuary on the foothills of Sukhuapata hill of Mayurbhanj district up to Kalo reservoir of Kaptipada Range of Baripade. The corridor between Hadgarh&Kuldiha is used round the year by the elephants for its movement. There is an evident threat to the habitat and the Elephant corridor due to quarrying because of its onsite and offsite environmental effects. The fact of existence of these quarries around the traditional Similipal — Hadgarh — Kuldiha — Similipal elephant corridor was place by the State CWLW before the 40th Meeting of SC-NBWL which recommended the proposal for operation of 97 stone quarries with certain pre-conditions as detailed earlier at Para No. 1. Though, these 97 quarries form a cluster as requisite no environment management plan has been submitted by the Revenue Authorities yet.
IV. Accordingly, as per the recommendation of the 40th meeting of SC-NBWL, a comprehensive Wildlife Management Plan (CWLMP) to mitigate the impact to be caused by operation of all quarries & transportation of materials got approved by the Government of Odisha, F & E Department during July 2017 with a financial outlay of Rs. 677.13 lakh to be spent over a period of 10 years. Part of the proposal for taking of Bald hill plantation over 200 ha.. At an estimated cost of Rs. 408.40 lakhs was proposed to be addressed through the CAMPA/other State Funding and rest funds of 677.13 lakh was to be allocated from Environment cost to be released form all quarries rationally in proportion to the quantity of production. However, it is observed that the payment of Environment Cost towards implementation of the CWLMP is yet to be made by the Revenue authorities.”
6. In addition to above, it has been further observed and recommended that:
“A. Those quarries those have made ingress into ESZ boundary must be penalized as per extent of ingress & destruction particulars. In this regard Mining Department and Revenue Department jointly in each of these observed cases may assess damage cost/restoration cost, responsible quarries for the damage and realization of penalty amount etc. If needed, necessary services of expert organization like ICFRE, Dehradun/TERI, New Delhi may be taken in this regard. Till the completion of the exercise, the operation of these quarries may considered to be stooped.
B. District Collector-cum-Chairman, DEIAA, Balasore may allow further quarry operation in the area only after obtaining specific clearance by SEIAA, Odisha as per order dated 11.12.2018 of the Hon'ble NGT in the Executive Application No. 55/2018 in O.A No. 520/2016, Vikrant Tongad Versus. Union of India., directing that the notification dated 15.01.2016 of MoEFF& CC will stand suspended till a fresh notification issued by the MoEFF& CC, New Delhi.
C. There is every likelihood in future of further higher ingress of quarries in the Eco Sensitive Zone, considering the close vicinity of these quarries to the ESZ. In order to avoid any further future ingress within the limit of ESZ, DGPS (Differential Global Positioning System) mapping should be immediately taken up for all the 97 quarries with permanent pillar posting. The vector polygon of the quarries may be shared with all concerned departments. The intactn.ess of all the ESZ pillars for demarcation of ESZ must be ensured by the Revenue Department as some of the pillars during field visit were found missing. The Environment Management Plan for cluster of the quarries is yet to be finalized with ensuring its strict adherence. Further, implementation of Comprehensive Wildlife Management Plan by immediate deposit of Environment Cost by the District Administration needs to be ensured A “Monitoring Committee” as recommended by NBWL & NTCA may be constituted immediately at the district level to look into the wildlife & environment issues on bi-monthly basis.
D. As quarry operation is being carried out adjacent to the identified traditional Similipal — Hadgarh — Kuldiha — Similipal Elephant Corridor, process should be initiated with the pending proposal for declaration of the conservation Reserve in that area U/S — 36 of the Wildlife (Protection) Act 1972 by the Principal Chief conservator of Forests (Wildlife) & CWLW, Odisha in order to avoid further destruction in that corridor apart from other site specific restoration plan as deemed appropriate to mitigate the impact caused due to rampant quarry operation and maintain ecological balance.”
7. From the above, it would be quite apparent that out of the 97 stone quarries, 11 of them ingress into the Eco Sensitive Zone and the rest were being operated adjacent to the identified traditional Similipal — Hadgarh — Kuldiha — Similipal Elephant Corridor. It had been suggested that process should be expedited in respect of the pending proposal for declaration of a Conservation Reserve in the area under Section 36 of the Wild Life (Protection) Act 1972 by the Principal Chief Conservator of Forests (Wildlife) & CWLW, Odisha in order to avoid further destruction in the corridor and carry out other site specific restoration plan as deemed appropriate for mitigation of the impact caused due to rampant quarry operations and to maintain ecological balance.
8. By order 16.10.2019, we had expressed our anxiety on the fact that 86 stone quarries admittedly were actively in operation adjacent to the declared elephant corridor which would be deleterious to the environment as it was likely to cause obstruction in the corridor resulting in man-animal conflict. We, therefore, were of the considered opinion that the entire corridor should be brought within the ambit of the Eco Sensitive Zone and accordingly directed the State Government to take immediate steps towards that direction after due consultation with the experts. It was further directed that operation of any of the quarries which were either ingressing into the Eco Sensitive Zone or in operation adjacent thereto should not be permitted. A direction also was issued for urgent implementation of the recommendation made by the PCCF (HOFF), Odisha in his report. The State respondent had also been directed to file a report on the actions taken with regard to the matters in question and against the various directions issued by the Tribunal.
9. As per the consequent report filed by the State, it was stated that pursuant to the directions of the Tribunal, pillar posting in respect of DGPS survey of 97 quarries and preparation of cadastral map had been completed recently. As regards 11 ingress points, all 12 cases had been submitted for cancellation vide letter dated 07.11.2019. The environmental compensation against damage/restoration of environment was being assessed by a joint team comprising of Revenue, Forest and Mining Officials. An amount of Rs. 36,59,649/had been collected from the illegal miners towards compensation Comprehensive Wild Life Management Plan and Rs. 76,51,568/towards Environment Management Fund. Since, the DGPS survey was under process, further report was directed to be submitted giving the current status of the action being taken by the Tahasildar, Khaira.
10. Today, Mr. Soubhagya Ketan Nayak, learned Additional Government Advocate submits that report has been filed by the State which in substance conveys that the DGPs survey had since been completed by the State.
11. The PCCF (HoFF), Odisha in his report referred to earlier has provided the details of the 11 quarries ingressing into the Eco Sensitive Zone which is reproduced below:
“ ORSAC Map Sl. No. Ingress between pillars Nearest quarry No. Ingress area (in Ha.) Activities Part-I 01 263 to 264 11&15 0.22 Excavation has been made within ESZ -do- 02 253 to 255 16&17 0.14 Formation of a road by digging soil & breaking stone inside ESZ for movement of machinery Part-II 03 236 to 237 41&42 0.13 Excavation has been made within ESZ -do- 04 230 to 232 44 0.45 Formation of a road by digging soil &breaking stone inside ESZ for movement of machinery -do- 05 217 to 219 53 0.06 Excavated & made a road inside ESZ for movement of machinery and blasting inside ESZ area -do- 06 207 to 209 56&60 0.98 Dumped excavated soil& debris within the limit of ESZ -do- 07 223 to 226 46&48 0.96 Road formation inside ESZ area Part-III 08 202 to 203 70 0.31 Excavated & formed a road within ESZ -do- 09 191 to 192 88 0.96 Made a road by digging soil & breaking stone inside ESZ for movement of machinery -do- 10 197 to 199 2 0.09 Quarry No. 2 & 6 are now non-operational as per decision taken 11 197 to 199 6 0.76 by district administration of Mayubhanj district and closed on 23rd July, 2018. ”
12. It is further stated that all quarries are less than 5 hectares and are located in the vicinity of Sarisua Kapilajhari Bandhanata village under Khaira Tahasil & spread over an area of Ac. 173.5 and on the other side of the hillock, a part of the traditional Elephant Corridor “Similipal-Hadgarh-Kuldiha-Similipal” is situated.
13. In respect of the traditional Elephant Corridor, the following is the finding given in the report:
“i. This link between Kuldiha & Hadgarh Wildlife Sanctuary with this traditional Elephant Corridor is coming under the Mayurbhank Elephant Reserve notified by the Govt. of Odisha., F&E Deptt. Vide their Notification No. 8F(W)-42/2001 15806/F&E dt. 29.01.2001 comprising portion of Mayu.rbhanj, Balasore, Bhadrak & Keonjhar district under the Central Scehme “Project Elephant”. Portion of the corridor pertaining to Balasore District is Govt. land, other than forest kissam in village Suasari-Kaplilajhari-Bhandhanahata&Kaithangadia. Copy of the Notification dtd. 29.01.2001 is annexed herewith as Annexure-8.
ii. Frequent movement of elephant is reported from Kuldiha Wildlife Sanctuary on the foothills of Sukhuapata hill of Mayurbhaj district up to Kalo reservoir of Kaptlpada Rangae of Baripada. The corridor between Hadgarh & Kuldiha is used round the year by the elephants for its movement. There is an evident threat to the habitat and the Elephant corridor due to quarrying because of its on-site and off-site environmental effects. The fact of existence of these quarries around the traditional Similipal-Hadgarhy-Kuldiha-Similipal Elephant corridor was place by the State CWLW before the 40th Meeting of SC-NBWL which recommended the proposal for operation of 97 stone quarries with certain pre-conditions as detailed earlier at Para No. 1. Though, these 97 quarries form a cluster as requisite no environment management plan has been submitted by the Revenue Authorities yet.
iii. Accordingly, as per the recommendation of the 40th Meeting of SC-NBWL, a Comprehensive Wildlife Managem.ent Plan (CWLMP), to mitigate the impact to be caused by operation of all quarries & transportation of materials got approved by the Govt. of Odisha., F&E Department during July 2017 with a financial outlay of Rs. 677.13 lakh to be spent over a period of 10 years. Part of the proposal for taking of Bald hill plantation over 200 ha.. at an estimated cost of Rs. 408.40 lakhs was proposed to be addressed through the CAMPA/other State Funding and rest funds of 6.77/13 lakh was to be allocated from Environment Cost to be released from all quarries rationally in proportion to the quantity of production. However, it is observed that the payment of Environment Cost towards implementation of the CWLMP is yet to be made by the Revenue authorities.”
14. In view of the his observations, the PCCF (HoFF), Odisha has made the recommendations reproduced earlier in paragraphs 6 and 7 which we find were well considered and is accordingly accepted.
15. In view of the above, we direct that the recommendations of the PCCF (HoFF), Odisha given in its report be acted upon having been accepted by us.
16. The 11 quarries ingressing into the Eco Sensitive Zone shall be directed to confine their activities outside the Eco Sensitive Zone. All activities within the ingress area shall be stopped forthwith.
17. The environmental compensation shall be recovered from the trespassing mining units as assessed by the PCCF (HoFF), Odisha as per the guideline prescribed by the CPCB in accordance with law.
18. No mining activity shall be permitted within and in the vicinity of the Similipal-Hadgarh-Kuldiha-Similipal Elephant Corridor. Process under Section 36 of the Wildlife (Protection) Act, 1972 for declaration of conservation reserve in respect of the identified traditional elephant corridor shall be completed within a period of three months or within the timeline prescribed under the Act.
19. With the above directions, both the original applications stand disposed off with no order as to cost.
20. Consequently, all the I.As also stand disposed off.
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