PANJIM: With the Forest Dept failing to submit annual reports on the rehabilitation of mined areas at Netravali Wildlife Sanctuary since 2013, the High Court of Bombay at Goa has given another opportunity to comply with its assurance to the court.
What the HC had to say
“On the earlier occasion, the Forest Dept had not only given several assurances, but was further directed to file compliance report every year, on or before January 30, beginning from 2013. Though some work may have been undertaken by the Forest Dept, it cannot be said that the various assurances that were given to the Court in PIL Writ Petition … were fulfilled. In particular, no annual reports were filed though there was a specific direction for filing of the same,” the division bench of Justices Mahesh Sonak and Nutan Sardessai observed in a judgment to a Public Interest Litigation (PIL) filed by Goa Foundation (GF). The court said it expects the dept to comply with its assurances, with greater level of seriousness. “We appreciate the several assurances contained it the affidavit of Sanjay Waradkar (Dy Conservator of Forests) and we hope and expect that at least this time all such assurances will be complied with, so that by the time the next compliance report is submitted, even the petitioners will have no serious cause to complain about the non-implementation,” it added. The bench ordered that respondents, particularly, the Chief Wildlife Warden, Netravali Wild Life Sanctuary, to file compliance reports on or before December 31 of each year, for a period of at least three years, in the first instance. The first of such reports has to be filed on or before December 20, 2020 and its copies have to be furnished to Norma Alvares, Counsel for the petitioners.
What the petitioners sought
The petitioners had sought directions to the authorities in Goa and Delhi for rehabilitation and restoration of the abandoned mined out areas within a time-bound period under the supervision of the State Wildlife Advisory Board. The Sanctuary, notified in 1999 had no less than 34 mining leases within its boundaries, out of which 13 were in operation. In the year 2003, GF approached the Central Empowered Committe (CEC) to halt all mining activities within the Sanctuary in compliance with the Supreme Court’s orders. On Nov 7, 2003, the CEC directed stoppage of mining activities inside the Sanctuary. In July 2011, GF instituted the PIL Writ Petition for rehabilitation of abandoned mining lease areas. With it being almost 15 years since any mining activity has been carried out within the Sanctuary, the forest dept stated that several steps were taken for restoration and rehabilitation yielding good results.
What the Forest Dept said
The Forest Dept, in its affidavit during the hearing pointed out that the timeline specifies 3 year schedule, in which the plantation will be carried out, along with its maintenance. Waradkar said the dept will plant indigenous pioneer species like Macaranga and Hardy Ficus, etc, while admitting that considering poor and refractory soils and difficult site conditions in the broken areas of the mines, there is possibility that the mortality rate can be higher than the normal. “The dept will take appropriate measures, so as to improve the soil conditions in these areas, thus decreasing the mortality rate. If needed, the plantations will be maintained beyond the three years maintenance period,” he submitted.
Adv General Devidas Pangam submitted that proper maintenance of areas where plantation has been undertaken will be undertaken. He assured the Court possible measures for restoration and rehabilitation, as long as such measures do not themselves disturb the existing ecosystem and the natural habitat in the Sanctuary. The water bodies formed in the mining pits are permanent from which water is available for the animals.
