Destruction of wildlife habitat in protected area will attract offences, penalties: SC
Taking serious note of the destruction of habitats of aquatic animals due to rampant illegal sand mining in the National Chambal Sanctuary, the Supreme Court on Friday said such destruction in a protected area would attract offences and penalties under various laws, including the Wildlife (Protection) Act.
A bench of Justices Vikram Nath and Sandeep Mehta said officials of the concerned departments of states of Rajasthan, Uttar Pradesh and Madhya Pradesh would be held “vicariously liable” for aiding and abetting the destruction of precious habitat by allowing illegal sand mining to continue.
The National Chambal Sanctuary, also called the National Chambal Gharial Wildlife Sanctuary, is a 5,400 sq km tri-state protected area. Besides the endangered gharial (long-snouted crocodile), it is home to the red-crowned roof turtle and the endangered Ganges River dolphin.
Located on the Chambal River near the tripoint of Rajasthan, Madhya Pradesh and Uttar Pradesh, the sanctuary was first declared a protected area in Madhya Pradesh in 1978 and now constitutes a long, narrow eco-reserve co-administered by the three states.
The top court was hearing a suo motu case titled ‘In Re: Illegal sand mining in the National Chambal Sanctuary and threat to endangered aquatic wildlife’.
The bench issued notice to Rajasthan, Madhya Pradesh, Uttar Pradesh and others seeking their responses in the matter. It said the suo motu writ petition was registered based on certain news reports pertaining to rampant illegal sand mining destroying the habitats of protected species of gharial.
The bench noted that the news reports gave a vivid description of the destruction of the habitat of various aquatic animals, in addition to that of the gharial, and they also referred to the de-notification of around 732 hectares from the sanctuary by Rajasthan as part of a boundary rationalisation exercise.
It said detailed consideration of these aspects would be made after receiving the response from various State Governments and their departments.
“For the present, we may observe that every act of destruction of wildlife habitat in a protected area would attract offences and penalties under the Wild Life (Protection) Act, the Environment (Protection) Act, the Forest (Conservation) Act, the Biological Diversity Act and the Indian Forest Act as well as other applicable statutes …,” the bench said.
“The officials of the departments concerned, that is, forest, mining and water resources as well as the police authorities of the states of Rajasthan, Madhya Pradesh and Uttar Pradesh, by their lethargy and inaction would be liable to be held vicariously liable for aiding and abetting the destruction of this precious habitat by allowing illegal sand mining to continue,” the top court said.
It said the bench would issue suitable and exhaustive directions once the responses of these state Governments and the departments were received.
“The registry is directed to implead and issue notice to the state of Rajasthan, Uttar Pradesh and Madhya Pradesh through their principal secretaries… the Ministry of Environment, Forest and Climate Change through its secretary,” the bench said.
It said notice of these proceedings should also be issued to the Central Empowered Committee (CEC).
The top court, which appointed two advocates to assist it as amici curiae, posted the matter for hearing on April 2.
On March 13, the apex court took suo motu cognisance of illegal sand mining in the National Chambal Sanctuary and threats to endangered aquatic wildlife.
The bench had said even areas where the Madhya Pradesh chief minister had released gharials have come under illegal mining.
According to reports, Madhya Pradesh Chief Minister Mohan Yadav released 10 gharials into the Chambal River at the sanctuary in Morena in February last year.
