A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan on Tuesday clarified that its earlier directions requiring prior approval of the Standing Committee of the National Board for Wildlife (NBWL) or the Ministry of Environment, Forest and Climate Change (MoEFCC) for mining within a 10-km radius of the Asan Wetland Conservation Reserve are confined to the Asan Wetland and are not intended to operate as a blanket rule for all Conservation Reserves across the country.
The clarification was sought in the long-pending T.N. Godavarman Thirumulpad matter after concerns were raised that the Court’s February 13, 2024 order was being interpreted to require NBWL approval for mining around all Conservation Reserves. Counsel appearing for Uttarakhand and Himachal Pradesh submitted that the Wildlife (Protection) Act, 1972 does not prescribe a similar approval mechanism for Conservation Reserves as it does for National Parks and Wildlife Sanctuaries.
The Union Government also relied on its affidavit stating that the Wildlife (Protection) Act does not require consultation with the NBWL for activities concerning Conservation Reserves or Community Reserves, with such powers resting with the State Governments.
The Bench observed that Asan Wetland is a Ramsar site and stands on a distinct footing. Referring to its earlier order dated October 24, 2024, the Court reiterated that it had consciously declined to frame universal guidelines governing Conservation Reserves and Community Reserves and that the directions issued in relation to the Asan Wetland Conservation Reserve cannot be mechanically extended to other Conservation Reserves.
The Court indicated that any issue concerning restrictions around other Conservation Reserves would have to be examined independently under the applicable statutory framework and existing guidelines, rather than by automatically applying the Asan Wetland directions.