PANAJI
The Bombay High Court in Goa has issued a stay order on the unloading and unloading of ore mined in Karnataka at the Kalay Railway Station in Sanguem.
The decision comes in response to an NGO’s petition, asserting that handling ore within a wildlife sanctuary without the Chief Wildlife Warden’s permission is impermissible.
The High Court bench of Justice MS Sonak and Valmiki Menezes Sa ruled on the matter, citing prima facie evidence that the activity falls within the Bhagwan Mahavir Wildlife Sanctuary.
Until further proceedings, the court has imposed a status quo, prohibiting additional loading or unloading of ore, and the transport of already unloaded ore.
The PIL, filed by the NGO, argues that such activities contravene provisions of the Wildlife (Protection) Act, 1972, within a wildlife sanctuary. The ore handling contractor contended that the activity had a prolonged history, with a brief interruption due to a suspension of consent to operate.
While acknowledging the contractor’s concern about demurrage to the Railway, the court emphasized that environmental and wildlife sanctuary protection takes precedence over such issues. The NGO’s petition challenges ore handling operations in the Bhagwan Mahavir Wildlife Sanctuary and stresses the requirement for the Chief Wildlife Warden’s consent under relevant sections of the Wildlife Protection Act, 1972.
