PANJIM: The High Court of Bombay at Goa on Tuesday issued a status quo
order on the unloading and loading of mineral ores imported by railway at the
Kalay Railway Station in Sanguem taluka till January 23.
The Court passed its order on the basis
of a public interest litigation (PIL) writ petition filed by the Goa Foundation
through its Secretary Claude Alvares, which sought to argue that such
activities could not be undertaken in the Wildlife Sanctuary, in view of
several provisions of the Wildlife Act, 1972.
Posting the matter for interim relief on
January 23, the Court said, “This means that until the next date, there should
not be further loading or unloading of ore and even unloaded ore should not be
transported from where it is already.”
One of the main issues involved in this
petition is whether this activity of loading and unloading of iron ore and its
transportation can be undertaken without obtaining permission from the Chief
Wildlife Warden under the Wild Life (Protection) Act, 1972.
Pointing out that there is prima facie
material on record to suggest that this activity is within the Bhagwan Mahaveer
Wildlife Sanctuary (WLS), the Court order stated, “Accordingly, we think that
until the replies are filed and the matter is heard for interim relief, a
status quo should be maintained at the site”.
The
petitioner had contested that there is a bar on the carrying out of any such
activity within the Wildlife Sanctuary, which is not in the interests of better
management of the wildlife. He stated that prior consent of the Chief Wildlife
Warden of the Sanctuary was required for any activity in the Sanctuary in terms
of Sections 27, 28, 29 and 33 of the Wildlife Protection Act, 1972.