SC reserves order on Saranda Sanctuary area; Jharkhand for non-inclusion of tribal habitation
NEW DELHI: The Supreme Court on Monday reserved its verdict on the Jharkhand government’s plea to reduce the expanse of to be notified Saranda sanctuary from its earlier 310 sq km to 250 sq km to exclude 60 sq km of forest inhabited by tribals to protect their forest rights as well as schools and educational institutions there.
Amicus curiae and senior advocate K Parameshwar told a bench of Chief Justice B R Gavai and Justice K Vinod Chandran that the tribal rights are always protected in a sanctuary and the real reason for Jharkhand govt in seeking exclusion of 60 sq km was to cater to lobbies interested in mining in the area. He said that the mines already in operation by steel authority of India (SAIL) are already exempt by the SC.
Parameshwar said that the earlier affidavit of the state placed an unequivocal stand that all the 126 blocks of Saranda forest, earlier a game reserve comprising pristine Sal tree forest with wildlife, was free from tribal habitation. Notifying a forest as sanctuary does not erase the forest rights of tribals, he said citing the statutes.
Appearing for Jharkhand, senior advocate Kapil Sibal said that the state has to handle a restive situation arising from its proposal to notify Saranda forest as a sanctuary, which contrary to amicus curiae’s claim has no wildlife. The forest rights of the tribals require protection as much as the schools where the tribal children study, he said.
The bench said the state had been taking contradictory stand before the court on the expanse of the Saranda Sanctuary but clarified that it would protect the forest rights of the tribals. Appearing for tribal population, senior advocate Gaurav Sharma told the court that the forest dwellers want to harvest seasonal produce like resins, mahua flowers and other forest products to sustain themselves.
Solicitor general Tushar Mehta, appearing for SAIL, said the court would also protect the mining interests of the public sector company and allow ancillary activities linked to mining. The bench reserved verdict and asked the parties to submit written notes by Friday.
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Parameshwar said that the earlier affidavit of the state placed an unequivocal stand that all the 126 blocks of Saranda forest, earlier a game reserve comprising pristine Sal tree forest with wildlife, was free from tribal habitation. Notifying a forest as sanctuary does not erase the forest rights of tribals, he said citing the statutes.
Appearing for Jharkhand, senior advocate Kapil Sibal said that the state has to handle a restive situation arising from its proposal to notify Saranda forest as a sanctuary, which contrary to amicus curiae’s claim has no wildlife. The forest rights of the tribals require protection as much as the schools where the tribal children study, he said.
The bench said the state had been taking contradictory stand before the court on the expanse of the Saranda Sanctuary but clarified that it would protect the forest rights of the tribals. Appearing for tribal population, senior advocate Gaurav Sharma told the court that the forest dwellers want to harvest seasonal produce like resins, mahua flowers and other forest products to sustain themselves.
Solicitor general Tushar Mehta, appearing for SAIL, said the court would also protect the mining interests of the public sector company and allow ancillary activities linked to mining. The bench reserved verdict and asked the parties to submit written notes by Friday.
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