New Delhi: The Supreme Court on Wednesday asked the Centre to consider whether, in the areas which are declared as conservation reserves and community reserves, mining activities could be prohibited.
A bench comprising Justices B R Gavai, P K Mishra, and K V Viswanathan was hearing a matter in connection with the mining activities within a one-kilometre radius of conservation reserves and community reserves.
The apex court stressed that the idea for providing community reserves and conservation reserves was for a corridor for free movement of wildlife from one national park or wildlife sanctuary to another. The bench said if mining activities were to be allowed in these corridors, then it would become detrimental to the movement of wildlife.
"We request the Union to consider whether at least in the areas which are declared as conservation reserves and community reserves, the mining could be prohibited or not," the bench said.
Additional Solicitor General Aishwarya Bhati, representing the Centre, contended that national parks and wildlife sanctuaries cannot be equated with community reserves and conservation reserves. After hearing submissions, the bench scheduled the matter for further hearing in October.
In April last year, the top court had directed that mining within a national park and wildlife sanctuary and within a one-kilometre area from their boundaries shall not be permissible.
In a separate matter, the apex court observed that several states have not utilised the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) fund, which was created for compensatory afforestation and allied activities, to full capacity.
The bench observed that the essence of CAMPA fund was for restoring green cover which was lost on account of deforestation and emphasised that this fund is not supposed to be utilised for other purposes.
Advocate K Parameshwar, amicus curiae in the matter, submitted that pursuant to the August 7 order of the court, several states have filed their affidavits. The apex court was informed that most of the states have not utilised the CAMPA funds to the full capacity and there is a chief executive officer of CAMPA in every state.
On August 7, the top court informed that in most of the states and union territories, the utilisation of CAMPA funds has been less than 50 per cent for the period ranging from 2018 to 2024.
While scheduling the matter for further hearing in December, the apex court said it would be appropriate that the Central Empowered Committee (CEC) circulate a questionnaire to these officers asking them to submit information, including on the utilisation of CAMPA funds.
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