IN RE: SARANDA WILDLIFE SANCTUARY
Discusses interpretation of environmental laws, balancing development with conservation, and protecting tribal rights.
Court: Supreme Court of India
Citation: 2025 INSC 1311
Decision Date: 13-11-2025
List of Laws
Wildlife (Protection) Act, 1972; The Forest Conservation Act, 1980; The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; Constitution of India, 1949; National Forest Policy, 1988; Environment Protection Act, 1986
- Wildlife (Protection) Act, 1972: The judgment extensively discusses the Wildlife (Protection) Act, 1972 (WP Act). Section 18 is analyzed, clarifying that it empowers the State Government to declare its intention to constitute any area other than a reserve forest or territorial waters as a sanctuary if it is of adequate ecological significance. The judgment notes that Section 18 applies for declaring any area as a Wildlife Sanctuary not comprised within any reserve forest or territorial waters. Section 19 is referenced, stating that after a notification under Section 18, the Collector must inquire into and determine the existence, nature, and extent of rights of any person in or over the land within the sanctuary's limits. Sections 20, 21, 22, and 23 are mentioned, outlining the procedures for the Collector to determine rights and the extent of powers available. Section 24(2)(c) is discussed, noting that the Collector, in consultation with the Chief Wildlife Warden, can allow the continuance of any right of any person in or over any land within the sanctuary. Section 26A is analyzed, stating that it outlines the process for declaring an area as a sanctuary after claim periods have elapsed or if the area is within a reserve forest or territorial waters. The judgment emphasizes that Section 26A was added to the statute book by Act 44 of 1991. The court also notes that the proposed area meets requirements under Section 26A.
- The Forest Conservation Act, 1980: The judgment refers to the Forest (Conservation) Act, 1980, in the context of diversion of forest land for non-forest purposes. It mentions that such diversion should be subject to careful examination and that projects involving diversion should provide funds for regeneration/compensatory afforestation. It also notes that the Central Government shall provide for diversion of forest land for certain facilities managed by the Government, involving limited tree felling, subject to conditions recommended by the Gram Sabha.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: The judgment extensively discusses the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA). Section 3 is analyzed, outlining the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers, including rights to habitation, community rights, ownership of minor forest produce, and rights over disputed lands. Section 4(1) is discussed, emphasizing that it recognizes and vests forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers, notwithstanding anything in any other law. The Preamble of the FRA is also referenced, highlighting the historical injustice to forest dwelling Scheduled Tribes and the need to address their insecurity of tenurial and access rights.
- Constitution of India, 1949: The judgment refers to Article 48A, stating that the State is mandated to protect and improve the environment and safeguard forests and wildlife. Article 51A(g) is also mentioned, noting that every citizen has a duty to protect and improve the natural environment. The judgment also mentions that the Saranda region is notified as an area under the Fifth Schedule of the Constitution.
- National Forest Policy, 1988: The judgment refers to the National Forest Policy, 1988, recognizing that it provides for the identification of protected areas and the recognition of customary rights over forest areas. It highlights features of the policy, including the need to strengthen national parks and sanctuaries, maintain a minimum forest cover, and carefully examine diversion of forest land.
- Environment Protection Act, 1986: The judgment mentions the Environment (Protection) Act, 1986, in the context of notifying areas as Conservation Reserve/Corridors or Ecologically Sensitive Areas.
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