SC agrees to hear plea against proposed constructions in Satkosia Tiger Reserve
A bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and Joymalya Bagchi was urged by advocate Gaurav Kumar Bansal to hear the plea. The bench said it would hear the matter next week.
Bansal raised concerns over reported permission granted by the local administration for eco-tourism related constructions within the protected area. "The district collector has issued such permissions for construction of an eco-tourism spot. How can this be permitted?" he said.
"I am just fighting for forests," Bansal added.
The Satkosia Tiger Reserve, spread across the districts of Angul, Cuttack, Nayagarh and Boudh in Odisha, is a crucial habitat for tigers, elephants, and several endangered species.
The plea sought quashing of provisional no objection certificates (NOC) issued by district collectors of Angul, Nayagarh, Boudh and Cuttack for development works inside and around the Satkosia Tiger Reserve.
The petitioner argued it was without jurisdiction and in violation of the Wildlife (Protection) Act, 1972.
The National Tiger Conservation Authority (NTCA), the plea said, in April 2018 directed all states for mandatory delineation of eco-sensitive zones (ESZs) around tiger reserves.
The plea said these directions clearly stipulated where a protected area formed part of the buffer, a minimum one kilometer ESZ must be demarcated around it.
"There are multiple large-scale and systemic issues affecting the ecological and legal integrity of Satkosia Tiger Reserve, which require independent attention and urgent consideration of this court," it said.
In line with the NTCA's April 2018 direction, the petitioner said, the Odisha government recently submitted a draft proposal for declaration of ESZ around Satkosia Tiger Reserve to the Ministry of Environment, Forest and Climate Change for final notification.
"However, the said draft, if approved in its current form, will seriously compromise the ecological integrity and conservation dignity of the tiger reserve," it alleged.
The proposed tourism-centric development activities in and around the tiger reserve, including the construction of high-impact infrastructure and grant of arbitrary NOCs, were said to be contrary to the precautionary principle and violate the statutory framework under the Wildlife (Protection) Act, 1972, the Forest (Conservation) Act, 1980, and the Environment (Protection) Act, 1986.
"The zero-kilometre ESZ boundary proposed in parts of Satkosia Tiger Reserve violates NTCA's 2018 directive, which mandates a minimum 1 km buffer from core tiger habitat wherever the buffer is absent or disjunct," the plea added.
It claimed the issuance of no objection certificates by district collectors and non-forest authorities for tourism infrastructure within and around a notified tiger reserve constituted an unlawful usurpation of statutory powers reserved for designated authorities under the Wildlife (Protection) Act and violates the binding directives of the apex court.
The plea alleged the actions of state government and its agencies exhibited a deliberate pattern of undermining central environmental regulations through procedural shortcuts and executive overreach, including attempts to modify ESZ notifications to dilute their protective scope for commercial tourism purposes. It also sought a direction to the state to withdraw the draft ESZ proposal relating to Satkosia Tiger Reserve.
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