Interim stay imposed on Sesa Vedanta ore handling within Goa wildlife sanctuary

The Bombay High Court in Goa has issued an order halting the loading and unloading of Vedanta's iron ore at a public siding in Goa. The ore, originating from Karnataka, was being unloaded at Kalay Railway Station, located within the Bhagwan Mahavir Wildlife Sanctuary.

The handling activities at this public rail siding in Goa had been authorized under the permission granted by the State Pollution Control Board to the Station Master of the Kaley Railway Station.

The directive was issued following a public interest litigation filed by the NGO Goa Foundation, contesting the handling of this material without explicit permission from the Chief Wildlife Warden. The NGO contends that this practice violates the Wildlife Act, 1972, particularly Sections 27, 28, 29, and 33 of the Act.

A consent issued in May 2023 faced legal challenges from villagers, leading to its suspension. The court disposed of the matter as loading and unloading activities ceased. However, the petitioner alleges that the suspension was temporarily lifted to facilitate the handling of one consignment on 6 January and another on 10 January, 2024.

The High Court bench of Justices Valmiki SA Menezes and M S Sonak, as per the Goa Foundation, raised concerns about Dessai Logistics' presence within a Wildlife Sanctuary. The court dismissed the contractor's plea for demurrage payment, emphasizing that it should not override the protection of the wildlife sanctuary. The Railways and the SPCB are given until 20 January, 2024, to respond, and the case is scheduled for another hearing on 23 January, 2024.

"There is preliminary evidence on record indicating that this operation is taking place within the Bhagwan Mahavir Wildlife Sanctuary (WLS). Consequently, we believe that, pending the filing of responses and the interim relief hearing, the current state of affairs at the site should be maintained. This implies that, until the next scheduled date, there should be no additional loading or unloading of ore, and even the ore that has already been unloaded should not be transported from its current location," reads the order.