Institute of Legal and Management Studies

The Supreme Court recently pulled up the State of Jharkhand over repeated non-compliance with its previous assurances given to declare the Saranda/Sasangdaburu forests as a wildlife sanctuary and conservation reserve. The Court observed that if the compliance with previous orders on the issue is not done before the next date of hearing, the Chief Secretary of the State will have to show cause why no contempt should be initiated against him.

The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing an application against the State Government in the batch of environmental matters under the TN Godavarman case.

The Bench noted that although the National Green Tribunal (NGT) had, by its order dated July 12, 2022, directed the State Government to consider declaring the area a sanctuary, no steps were taken until the applicant was compelled to move an interlocutory application. Taking note of the rich biodiversity and pristine Sal forests, the Court directed the State on November 20, 2024, to file an affidavit explaining its inaction.

Subsequently, affidavits were placed on record by the State, stating that proposals had been moved for declaring 57,519.41 hectares as Saranda Wildlife Sanctuary and 13,603.806 hectares as Sasangdaburu Conservation Reserve, which were also sent to the Wildlife Institute of India (WII), Dehradun, for comments. On April 29, 2025, the State informed the Court that final notification would be issued after Cabinet approval, subject to WII's recommendations.

However, despite WII submitting a positive report on May 30, 2025, the Court was informed that the State had instead constituted a Committee on May 13, 2025, to “review the boundary/area of the proposed sanctuary”, citing the Geological Survey of India's identification of mining prospects within the notified region.

The Court took a serious view of the fact that the State Government has changed its stand in contradiction to its previously filed affidavits dated February 20, April 16 and April 29, 2025.

The Court observed that the State Government was in clear contempt of the Court :

"As a matter of fact, when the Secretary was present in the Court, in the affidavit dated 29.04.2024, a clear indication was given to the Court that upon approval by the WII, all the necessary formalities, i.e. obtaining the approval of the State Wildlife Board and the Cabinet would be completed. We had, therefore, given two months period to comply with the formalities."

"We are of the considered view that the State Government of Jharkhand is in clear Contempt of the order passed by this Court on 29.04.2025."

Accordingly, the Court directed the Chief Secretary of Jharkhand to remain personally present on October 8, 2025 at 10:30 a.m. and show cause why contempt proceedings should not be initiated. It further cautioned that in the event of continued non-compliance, it would be compelled to issue a mandamus commanding the State to act in accordance with its earlier undertakings.

However, the Court clarified that if the State Government complied with the order of April 29 before the next date of hearing, the State Chief Secretary's personal appearance would be exempted.

"We further clarify that if the State fails to comply with its statements made in the affidavit dated 29.04.2025, the Court would be required to issue a Mandamus commanding the State to comply with the statement made before this Court."

Case Details : In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors WRIT PETITION (CIVIL) NO. 202/1995

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