The Supreme Court allowed the application urging declaration of Saranda Wildlife Sanctuary as a protected area under the Wildlife (Protection) Act, 1972. The Court directed the State of Jharkhand to notify the full extent of the sanctuary area based on the 1968 notification, rejecting the State’s proposal to restrict the area.
The matter originated from concerns raised about ecological and wildlife threats at Saranda forest, one of the world’s most pristine Sal forests in Jharkhand. Saranda’s ecological importance includes critical wildlife corridors and habitat for elephants, rare antelope, and other species. Dr. Daya Shankar Srivastava filed an application before the Court seeking directions to the Jharkhand government to declare the sanctuary as a protected area given the State’s inaction.
The Wildlife Sanctuary was originally notified in 1968 but the State of Jharkhand attempted to reduce the sanctuary boundary from the original 31,468.25 hectares to 24,941.64, citing concerns about forest-dwelling tribal communities’ rights, public infrastructure, and mining interests. The Wildlife Institute of India (WII) provided expert reports recommending protection of the entire area.
The National Green Tribunal (NGT) had earlier directed the State in 2022 to consider declaring the sanctuary, but no action followed. The Supreme Court, through multiple affidavits and hearings between 2024-2025, scrutinized the State’s inconsistencies in proposals and delays.
The Bench comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran examined statutory mandates under the Wildlife (Protection) Act, 1972, and the Forest Rights Act, 2006, which protected tribal rights even after sanctuary declaration. The Court observed that declaration of sanctuary is a duty coupled with power under the Wildlife Act and tribal rights protected by the Forest Rights Act are not extinguished by notification of the sanctuary.
The Court also emphasized constitutional duties under Articles 48A and 51A(g) to protect environment and wildlife. Taking into consideration the WII reports supporting the biodiversity significance of the full notified area, the Court directed that the 1968 notified area of 31,468.25 hectares must be declared as Saranda Wildlife Sanctuary.
The Court found no justification in the State’s arguments to exclude compartments designated for conservation under the Management Plan for Sustainable Mining, and condemned the State’s reduction proposal as arbitrary and unsubstantiated by scientific or legal grounds.
The Court detailed procedural safeguards for rights of forest and tribal communities under the Wildlife (Protection) Act and Forest Rights Act, ensuring rights are preserved. Directions were issued for the State officials to expedite notifications and conform to the Court’s orders, with warnings of contempt for continued delays.
Cases referred to:
1. Centre for Environmental Law, World Wide Fund-India v. Union of India and Others, (2013) 8 SCC 234
2. Vellore Citizens’ Welfare Forum v. Union of India and Others, (1996) 5 SCC 647
3. Intellectuals Forum, Tirupathi v. State of A.P. and Othersm, (2006) 3 SCC 549
4. State of Himachal Pradesh and Others v. Yogendera Mohan Sengupta and Another, (2024) 13 SCC 1
5. N. Godavarman Thirumulpad v. Union of India and Others (In Re: Gaurav Kumar Bansal), (2025) 2 SCC 641
6. Orissa Mining Corporation Limited v. Ministry of Environment and Forests and others, (2013) 6 SCC 476
Appearances:
Amicus curiae: Mr. K. Parameshwar, Sr. Adv.; Mr. M.V. Mukunda, Ms. Kanti, Ms. Raji Gururaj, Ms. Veda Singh, Mr. Shreenivas Patil, Mr. Prasad Hegde, Mr. Sai Kaushal, Advs.
For Applicant(s) in IA No. 153500/2024 & Connected IAs.: Ms. Shibani Ghosh, AOR
For Applicant in IA No. 265620 & 265621/2025: Mr. Gaurav Sharma, Sr. Adv.; Mr. Dhawal Mohan, Adv.; Mr. Prateek Bhatia, AOR
For State of Jharkhand: Mr. Kapil Sibal, Sr. Adv.; Ms. Pallavi Langar, AOR; Ms. Pragya Baghel, Mr. Ashish Jha, Ms. Aparajita Jamwal, Mr. Sujeet Kumar Chaubey, Advs.
For Steel Authority of India: Mr. Tushar Mehta, Solicitor General; Mr. Pawanshree Agrawal, AOR; Ms. Aakriti Goel, Ms. Kriti Jain, Ms. Kamana Divya Sree, Advs.
