‘Blackbucks are shy, must protect them’: NGT directs to reconsider quarry proposal near Vallanadu sanctuary in Tamil Nadu

“Even as per the research papers referred to by the SEIAA-Tamil Nadu, the blackbucks are very timid and shy animals. Any kind of anthropogenic disturbance will have an adverse effect. If that is so, let the SEIAA – Tamil Nadu consider providing an appropriate protection for the animals while permitting the Project Proponent to proceed with the activity by imposing appropriate conditions,” the tribunal said on February 27.

Protected species

• The National Board for Wildlife (NBWL) has notified blackbucks (Indian antelope) as a scheduled and protected species under Schedule I of the Wildlife (Protection) Act.
• An expert in forest and wildlife activities mentioned that the Vallanadu Blackbuck Sanctuary is dedicated to the conservation of the blackbuck, an endangered animal which requires open grasslands with intermittent bushes.
• The blackbucks have a regular habit of coming out of the sanctuary and grazing on the wastelands on the eastern and western sides of the sanctuary.
• He had also referred to certain research papers to mention that the blackbucks move up to 5 km from the sanctuary.
• As the mine is located at a distance of 1.7 km from the sensitive Vallanadu Blackbuck Sanctuary, which would endanger these blackbucks and trap them in the mining area even with fencing, it was decided not to recommend the proposal, which is followed by the SEIAA-Tamil Nadu’s rejection.

Justice Pushpa Sathyanarayana and Dr Prashant Gargava was hearing a plea filed by a Tuticorin resident.

Quarry proposal near Vallanadu sanctuary

• The appeal challenged a SEIAA order dated April 11, 2023, which rejected the appellant’s request for Terms of Reference (ToR) for obtaining environmental clearance for a rough stone and gravel quarry spread over 6.02.5 hectares in Padmanabamangalam village of Srivaikundam taluk in Thoothukudi district.
• The project proponent had obtained a precise area order from the district collector on December 17, 2021, while the mining plan was approved on January 12, 2022.
• Further, the district forest officer (DFO), Thoothukudi, issued a no-objection certificate on October 6, 2021, stating that the proposed quarry site was located 1.92 km from the Vallanadu Blackbuck Sanctuary and 1.44 km from its Eco-Sensitive Zone.

SEIAA rejected proposal

• The proposal was considered during meetings of the State Expert Appraisal Committee (SEAC), where concerns were raised regarding potential impact on the endangered blackbuck population.
• According to the SEAC, blackbucks often move outside the sanctuary and graze on nearby wastelands, sometimes travelling up to 5 km from the sanctuary.
• Given that the quarry site was located only about 1.7–1.9 km away, the committee feared that animals could enter the mining area and get trapped despite fencing, posing a threat to their survival.
• Based on this concern, the SEAC declined to recommend the project for environmental clearance, and the SEIAA subsequently rejected the proposal in 2023.

Appellant’s arguments

• The appellant argued that the project site was outside the notified Eco-Sensitive Zone, and therefore, did not require approval from the National Board for Wildlife (NBWL).
• He also pointed out that he had previously been granted environmental clearance for quarrying in a nearby survey number in the same village, after the NBWL’s Standing Committee recommended the project with certain mitigation measures on September 7, 2018.
• The earlier quarry operated with safeguards and contributions under a corporate social responsibility scheme supporting conservation of the Vallanadu Blackbuck Sanctuary, including a payment of Rs 12.7 lakh to the Forest Department.
• The appellant further undertook that no disturbance would be caused to wildlife during project operations.

Concerns valid, but need balanced approach

• While acknowledging the sensitivity of the habitat, the NGT noted that the proposal had been rejected solely on the apprehension of blackbuck movement outside the sanctuary.
• The bench observed that there was no evidence placed on record to show that blackbucks had previously died or been harmed due to mining activities in the area.
• The tribunal stressed that authorities should examine whether strict conditions and mitigation measures could sufficiently safeguard wildlife, instead of outright rejecting the project.
• It added that if such concerns exist, authorities must ensure adequate protection measures while considering the project proposal.

Direction for reconsideration

• Setting aside the SEIAA’s order, the tribunal directed the authority to reconsider the project proposal and grant the appellant a personal hearing before taking a fresh decision.
• The SEIAA has been asked to complete the exercise within six weeks from the date of the judgment and impose appropriate safeguards to prevent blackbucks from entering or being harmed by mining activities.
• The ruling underscores the need for a balanced approach between environmental conservation and development, particularly in ecologically sensitive areas surrounding wildlife sanctuaries.