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Supreme Court urges protection of Jharkhand’s forests, declines to interfere in stone mining case

Ranchi/New Delhi, June 18: The Supreme Court on Thursday stressed the importance of protecting forests and natural ecosystems across the country, noting…

Supreme Court urges protection of Jharkhand’s forests, declines to interfere in stone mining case

Ranchi/New Delhi, June 18: The Supreme Court on Thursday stressed the importance of protecting forests and natural ecosystems across the country, noting that Jharkhand is among the few states with rich ecological resources that warrant robust conservation efforts.

A bench comprising Chief Justice Surya Kant and Justice V. Mohana made the observations while hearing a petition filed by the Jharkhand State Pollution Control Board (JSPCB) challenging orders of the Jharkhand High Court related to stone mining and stone crusher operations near forest areas.

“There are few states where we can really protect our natural ecosystem, and you (Jharkhand) are one of them,” the Chief Justice remarked during the hearing.

Court highlights need to protect forest regions

The bench observed that several states possess natural treasures in the form of forests and biodiversity-rich landscapes, which require protection from environmental degradation.

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The matter pertains to restrictions on granting environmental consent for stone mining and stone crusher units located close to protected forest areas in Jharkhand.

High Court had tightened norms for mining near forests

In January, the Jharkhand High Court directed that no consent should be granted for stone mining or stone crusher units within one kilometre of the demarcated boundaries of protected forests.

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The order was passed while hearing a petition challenging a JSPCB notification that had reduced the minimum distance for establishing stone mines and crushers near forests from 400-500 metres to 250 metres.

Subsequently, in April, the High Court modified the restrictions, ruling that the consent ban would apply within 500 metres of forest boundaries for stone mining operations and within 400 metres for stone crusher units.

Supreme Court refuses to intervene

During Thursday’s hearing, the Supreme Court noted that the distance norms appeared to have been reduced abruptly. Counsel appearing for the JSPCB argued that the High Court’s observations had adversely affected mining-related activities.

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However, the apex court observed that the matter was already pending before the High Court and was scheduled for final hearing.

“Let the High Court pass a final order,” the bench said.

‘High Courts are constitutional courts’

When the petitioner referred to the High Court’s observations, the Supreme Court strongly defended the independence of constitutional courts.

“We cannot demoralise our High Courts. We are not headmasters to advise the High Courts what to do and what not to do. The High Courts are constitutional courts,” the bench observed.

Following the court’s indication that it was not inclined to interfere, the JSPCB sought permission to withdraw its petition.

The Supreme Court allowed the withdrawal and clarified that the petitioner would be free to raise all issues before the Jharkhand High Court during the final hearing of the case.

 

 

 

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Suman Shrivastava