PIL in Madras HC challenges G.O. permitting quarrying around reserve forests
The Hindu
Justices S. Vaidyanathan and J. Sathya Narayana Prasad call for T.N. government’s response by March 3 after the litigant fears threat to environment and wildlife
A public interest litigation petition has been filed in the Madras High Court challenging a December 14, 2022 Government Order through which reserve forests were removed from the list of places such as national parks, wildlife sanctuaries, tiger reserves and elephant corridors around which one kilometre buffer zone must be maintained without permitting any kind of quarrying, mining or crushing activity.
Second Division Bench of Justices S. Vaidyananthan and J. Sathya Narayana Prasad on Thursday ordered notice, returnable by March 3, to the State government on the PIL petition filed by CHANGEIndia, represented by its director A. Narayanan. The litigant pointed out that a G.O. was passed on November 3, 2021 inserting two new clauses to Rule 36 (1-A) of the Tamil Nadu Minor Mineral Concession Rules of 1959.
While clause (d) stated that no licence or lease should be granted for quarrying of any mineral within 500 metres radial distance from the boundaries of archaeological sites or remains or ancient monuments, clause (e) prohibited quarrying, mining or crushing activities within one kilometre radial distance from ecologically protected areas such as national parks, wildlife sanctuaries, tiger reserves, elephant corridors and reserve forests.
Shockingly, the government had come up with another G.O. in December 2022 removing reserve forests from the list, the petitioner said and urged the court to declare it as unconstitutional, illegal and in violation of the principle of non regression. He contended that the order under challenge would cause severe irreparable damage to the environment and ecology of reserve forests besides threatening the wildlife.
The petitioner also claimed that most of the national parks and wildlife sanctuaries were surrounded by reserve forests and that permitting quarrying, without maintaining a buffer zone, around them would lead to encroachment of the forest areas. They also pointed out that the miners might end up using heavy machineries, explosives and heavy vehicles close to the reserve forests.