SC reserves order on notification of conservative reserve in Jharkhand

New Delhi, Oct 27 (PTI) The Supreme Court on Monday reserved its verdict on issues related to the notification of areas under Saranda Wildlife Sanctuary (SWL) and the Sasangdaburu Conservation Reserve

(SCR) as a conservation reserve in Jharkhand.

A bench of Chief Justice B R Gavai and Justice K Vinod Chandran reserved the judgement after hearing submissions from senior advocate and amicus curiae K Parmeswar, senior lawyer Kapil Sibal, who represented the Jharkhand government, and Solicitor General Tushar Mehta representing PSU Steel Authority of India Limited (SAIL).

The amicus curiae raised the issue of a delay in notifying the areas as a conservation reserve.

He also alleged that the proposed area for the conservation reserve is sought to be decreased from 31,468.25 hectares to around 24,000 hectares keeping in mind the interest of private mining firms.

Sibal strongly objected to the submissions and said that 38 per cent of the area of Jharkhand is forest and the state is committed to preserving it.

The solicitor general, appearing for PSU Steel Authority of India Ltd (SAIL), urged the bench that it be allowed to keep mining iron ore from its existing mines, which are in close vicinity of the proposed wildlife sanctuary, in national interest.

Reserving the verdict, the bench asked the counsel for the parties to file written submissions by Friday.

Earlier, the bench had asked the Jharkhand government to take a decision to declare the ecologically rich Saranda region as a reserve forest.

The matter pertained to a long-pending proposal to notify the Saranda and Sasangdaburu forest areas in West Singhbhum district as a wildlife sanctuary and conservation reserve, respectively.

The state government, in its affidavit, had earlier said it proposed to notify an area of 57,519.41 hectares, as against the original proposal of 31,468.25 hectares, as the wildlife sanctuary.

On September 17, the bench had pulled up the state government for what it described as “totally unfair conduct” and “dilly-dallying tactics” in declaring the Saranda forest region a wildlife sanctuary.

It had also asked the chief secretary of Jharkhand, Avinash Kumar, to personally appear before it on October 8 to show cause as to why the state government has not notified the wildlife sanctuary.

Later, Jharkhand’s top officer appeared and put forth the submissions through senior advocate Kapil Sibal.

Seeking a week’s time, Sibal had said that a decision would be taken during the period.

“Either you do it or we will do it by issuing a writ of mandamus,” the CJI said, adding that it was granting the opportunity to the state government to declare the 31,468.25 hectares as the wildlife sanctuary.

“We are not interested in sending anybody to jail,” the bench had said. Meanwhile, the bench permitted the SAIL to keep mining iron ore from its existing mines, which are in close vicinity of the proposed wildlife sanctuary, in national interest.

The bench clarified that mining by the firms, including SAIL, can be done from operational mines or from those mines for which leases were granted earlier.

The solicitor general had said that SAIL provides steel to missions like ‘Chandrayan’ and other projects of national importance, and the majority of iron ore comes from the mines near the proposed wildlife sanctuary.

The bench further directed the state and other authorities not to grant any fresh leases for mining in the area.

The state government had attempted to clarify the state government’s position and the reasons for the delay in notifying the wildlife sanctuary.

He said that the confusion with regard to the total area sought to be declared as the wildlife sanctuary arose due to an internal communication between the state authority and the Wildlife Institute of India.

The amicus curiae had said that the state had undertaken to declare 57,519.41 hectares of land as a wildlife sanctuary, against the original proposal of 31,468.25 hectares.

The bench said at least there is no confusion and hassles in declaring 31,468.25 hectares as the wildlife sanctuary.

Earlier, irked over non-compliance of its orders, the bench had said, “The Jharkhand government is in clear contempt of our order dated April 29, 2025…we therefore direct the chief secretary of Jharkhand to remain present in this court at 10.30 am on October 8 and show cause as to why contempt proceedings be not initiated.” The Wild Life (Protection) Act provides for the declaration and management of a conservation reserve.

The state government had informed the bench that it has now expanded the proposed sanctuary area from the earlier 31,468.25 hectares to 57,519.41 hectares, and earmarked an additional 13,603.806 hectares to be notified as the Sasangdaburu Conservation Reserve. PTI SJK RT