Nagpur: The seizure of a bauxite-laden truck from inside the Radhanagri Wildlife Sanctuary, 60km from Kolhapur, has exposed how illegal mining is going on there in blatant violation of Wildlife Protection Act (WPA), 1972, right under the forest department’s nose.
Officials who seized the truck with the material are now under pressure to release it even though the matter is subjudice. According to forest sources, acting on a tip-off, on October 26, 2020, foresters had intercepted a 14-wheeler truck with bauxite rock mineral. The mineral was extracted from inside the sanctuary from both private and forest land.
“Even if extraction is done on private land inside the protected area, Section 20 of the WPA prohibits such activity. When mining cannot be allowed in the eco-sensitive zone (ESZ), how can it be done inside the sanctuary,” asks Rohan Bhate, former honorary wildlife warden, Satara.
Some private land where mining was done was earlier with the forest. Trees that were felled were the forest department’s property. New roads were also developed to transport the material.
Even though mining was going on for the last few years, this time the forest department acted swiftly and seized the truck, a JCB machine and two tractors with trolleys. Once vehicles are seized under Section 39 of the WPA 1972, they become the property of the government and neither any forest officer nor the court has powers to release it.
The Supreme Court has also reiterated this in the Lallu Singh vs State of UP matter. Many trees were also felled and the forest department initiated action under the Indian Forest Act (IFA) 1927. This procedure also bars the jurisdiction of the court as per Section 61 of the same Act.
However, the accused moved the court to get the truck released. It was granted by SK Shaikh, JMFC of Radhanagri, on December 14. The forest department on December 19 moved an application to stay the order so that it can appeal in the higher court. Hence, it wants the vehicle not to be released till the higher court passes any orders.
Officials fear if the vehicle is released, a wrong precedent will be set and all the 30-40 vehicles that have been seized in wildlife offences earlier will have to be released. “It will be difficult to deter wildlife criminals,” they said.
Based on the JMFC order, senior officials are pressuring lower-rung officials to immediately release the truck. A minister in the Maharashtra Vikas Aghadi (MVA) government even called to release the seized vehicle.
Samadhan Chavan, the conservator of forests (CF) in Sahyadri Tiger Reserve (STR), said, “The truck should be released immediately to avoid contempt of court. We can recall it if the order stays. By releasing the truck we are not favouring anyone. It is true that a minister had called for its release.”
DFO Vishal Mali, Kolhapur (wildlife), said, “There is confusion in the JMFC order. Even though the court has ordered the truck’s release, there is no mention about the seized material worth lakhs of rupees which it was transporting.”
“This is a serious violation and locals say this was going on for the last few years. Yet, forest officials turned a blind eye. Mining destroys wildlife habitat and its damages are irreversible to conservation,” said Nana Khamkar who has spearheaded the campaign against illegal mines in the Sahyadri region.
Radhanagari harbours one of the world's greatest biodiversity in 350sqkm area and has been identified by IUCN as a world heritage site. The sanctuary connects to the Sahyadri Tiger Reserve.