Case Note & Summary
The petitioners, the Wildlife of Netravali Wildlife Sanctuary through the Goa Foundation, filed a Public Interest Litigation seeking directions for the rehabilitation and restoration of abandoned mined-out areas within the Netravali Wildlife Sanctuary (NWLS). The NWLS was notified in 1999, at which time 34 mining leases existed within its boundaries, with 13 in operation. In 2003, the Central Empowered Committee (CEC) directed the stoppage of all mining activities inside the NWLS, and since November 7, 2003, no mining has occurred. The petitioners alleged that despite the cessation of mining, the abandoned areas remained unrehabilitated, causing ecological damage. They sought a time-bound rehabilitation plan under the supervision of the State Wildlife Advisory Board. The respondents, including the Chief Wildlife Warden and the State of Goa, did not oppose the need for rehabilitation but raised issues regarding funding and jurisdiction. The court, after hearing arguments, held that the sanctuary's ecological restoration was imperative and directed the respondents to prepare a comprehensive rehabilitation plan within three months, utilizing funds from the Goa State CAMPA and the South Goa District Mineral Foundation, and to implement it within two years under the oversight of the State Wildlife Advisory Board. The court also directed the Indian Bureau of Mines to provide technical assistance. The judgment emphasized the duty of the state to protect wildlife and its habitat under the Wildlife Protection Act, 1972.
Headnote
A) Wildlife Protection - Mining Rehabilitation - Netravali Wildlife Sanctuary - Wildlife Protection Act, 1972, Sections 18, 29 - The petitioners sought directions for rehabilitation of abandoned mining areas within the sanctuary, which had been closed since 2003. The court held that the sanctuary's ecological integrity must be restored and directed the respondents to prepare and implement a rehabilitation plan using CAMPA funds and other sources, with supervision by the State Wildlife Advisory Board (Paras 3-10).
Issue of Consideration
Whether the abandoned mined-out areas within the Netravali Wildlife Sanctuary require rehabilitation and restoration, and whether the respondents can be directed to undertake such measures within a time-bound period.
Final Decision
The court directed the respondents to prepare a comprehensive rehabilitation plan within three months and implement it within two years, utilizing funds from Goa State CAMPA and South Goa District Mineral Foundation, under supervision of the State Wildlife Advisory Board, with technical assistance from Indian Bureau of Mines.
Law Points
- Public Interest Litigation
- Wildlife Protection
- Mining Rehabilitation
- CAMPA Funds
- Environmental Restoration
