Introduction:

In a significant environmental decision, the Karnataka High Court has affirmed the suspension of fourteen quarry leases located within one kilometer of the Kappathgudda Wildlife Sanctuary. The division bench comprising Chief Justice N V Anjaria and Justice Krishna S Dixit dismissed petitions challenging a government resolution dated 29th September 2022, which enforced this suspension.

Arguments from Both Sides:

The petitioners, represented by Senior Advocate G.S. Kannur, argued that they held valid quarry licenses issued before the notification of Kappathgudda Wildlife Sanctuary in 2019. They contended that the sanctuary’s notification lacked jurisdiction and questioned the absence of an eco-sensitive zone notification at the time of their quarry licenses.

On the other hand, the respondents, represented by AGA S.S. Mahendra, emphasized the sanctity of wildlife sanctuaries and the need to protect their peripheries. They cited guidelines from the Ministry of Environment Forests and decisions from higher courts that mandate a one-kilometer buffer zone around wildlife sanctuaries to prevent ecological damage.

Court’s Judgment:

The Karnataka High Court upheld the government resolution, asserting that the establishment and operation of quarries within one kilometer of wildlife sanctuaries are prohibited under existing laws and court precedents. It referenced Supreme Court rulings and state mining rules that underscore the importance of maintaining ecological balance and protecting wildlife habitats. The court concluded that the quarry leases in question were rightfully suspended as they violated the mandated buffer zone around Kappathgudda Wildlife Sanctuary.