In a special leave petition filed against an order of the Bombay High Court, the Supreme Court has observed that an order passed by the Ministry of Environment and Forests was capable of destroying national parks and wildlife sanctuaries in the country.

“It is extremely surprising that 10 km. Eco Sensitive Zone has been reduced by the Ministry of Environment and Forest to 100 meters. Since an order of this nature is capable of destroying national parks and wildlife sanctuaries in the country, we would like to examine the validity of this reduction. Prima facie, it appears to us a complete arbitrary exercise of powers by the Ministry of Environment and Forest.”

This observation was made by the bench of Justice Madan B. Lokur and Justice Deepak Gupta as the MoEF had granted environmental clearance to companies located within the eco-sensitive zone (within 10 km) from the Dadar Nagar Haveli Wildlife Sanctuary.

Case Background

A petition was filed in the Bombay High Court by Polygel Industries Private Ltd. It was submitted that they were not permitted to run their factory manufacturing Organic Titanates on the ground that their industry falls within the eco-sensitive zone near Dadra Nagar Haveli Wildlife Sanctuary (within a distance of 10 km).

It was argued that permission had already been granted by the MoEF to Sanathan Textiles Limited, which was only 3.5 km from the sanctuary, whereas the petitioners, who were 6.5 km away from the wildlife sanctuary, were not permitted.

The communication from the MoEF to Sanathan Textiles permitting them was also annexed.

“It is noted that the project does not fall within 100 m distance from the boundary of Dadra and Nagar Haveli Wildlife Sanctuary. The company shall obtain necessary clearance under the Wildlife (Protection) Act, 1972, from the National Board for Wildlife (NBWL) as may be applicable in this case,” the court said.

The petitioner’s lawyer also argued that the project is located in a notified industrial area more than 6 km away from the wildlife sanctuary along with 1,000 other manufacturing units, so the approval of NBWL may not be required for this project. The same logic has been applied to nine other projects which have been granted environment clearance after 2009 in Dadra & Nagar Haveli, he said.

It was also submitted that the area in which the petitioner industry is located has already been declared as an industrial zone by Daman, Diu, Dadra and Nagar Haveli. Also, they have recommended to the ministry that only industries falling within 100 m from the sanctuary be required to get approval under the Wildlife (Protection) Act, 1972.

The high court repeatedly observed in its orders that the petitioner industry does not generate any effluent during the manufacturing process and finally on December 24, 2013, the court allowed the functioning of petitioner in an increased capacity.

This order was stayed by the Supreme Court and the Standing Committee of National Board for Wildlife was directed to take a decision with respect to the petitioner industry.