Shah panel asks MoEF, Odisha to clear stand on mining near sanctuaries

Miners plead innocence as clarity on demarcation between buffer, eco-sensitive zones inadequate

The M B Shah Commission of enquiry probing into illegal mining on Monday asked Union ministry of environment and forest (MoEF) and the state forest department to submit affidavits regarding their stand on mining in adjacent areas of wildlife sanctuaries and reserve forest area.

“All of you should submit an affidavit regarding your interpretation of rules related to mining in adjacent areas of sanctuaries and reserve forest,” Justice M B Shah, the commission chairman told officials of MoEF and state forest department while hearing the matter related to B C Dagara mines.

During the proceedings, the miners pleaded that since there was no clear demarcation of buffer zone and eco-sensitive zones around the periphery of sanctuaries and reserve forests, they have not done anything wrong by excavating in these areas.

“The rules regarding mining in areas of buffer zones and eco-sensitive zones are regulatory in nature and not prohibitory,” said Ashok Parija, counsel for B C Dagara. One of B C Dagara's mines is located near the Similipal sanctuary.

The Commission said since there are clear guidelines issued by the National Board for Wildlife (NBW) and orders passed by the Supreme Court, both the MoEF and the state government should submit an affidavit by March 14 regarding their interpretation of the rules.

While MoEF officials denied to comment on the commission's direction, state forest officials said  they are in the process of demarcating buffer and eco-sensitive zones around the periphery of sanctuaries.

“The process is a lengthy one since the buffer zones and eco-sensitive zones vary as per the topography of the sanctuaries or reserve forest. We will soon give our report regarding it,” said P N Padhi, principal chief conservator of forests (PCCF)-Odisha.

On the final day of hearing, 21 miners presented their views before the fact finding commission regarding lease area encroachment, mining in absence of environment clearances and excavation near wild life sanctuaries.

The miners who have sought additional time and who did not get enough time to present their views during the recent stay of the commission have been asked to visit the panel's headquarter in Ahmedabad during April 2-4.