Directs formation of committee to consider and recommend creating tiger safaris in buffer areas
Visitors taking pictures of a tiger during a safari in Jim Corbett National Park. Photo for representation: iStock The Supreme Court of India on March 6, 2024 slammed former Uttarakhand forest minister Harak Singh Rawat and divisional forest officer (DFO) Kishan Chand for illegal construction and felling of trees inside Jim Corbett National Park, part of the Corbett Tiger Reserve.
The SC bench, comprised of justices BR Gavai, Prashant Kumar Mishra and Sandeep Mehta, commented, “They have thrown the public trust doctrine in the wastebin.”
The apex court’s remarks came while hearing a petition challenging the Uttarakhand government’s proposal to introduce a tiger safari and a specialised zoo involving caged animals inside the national park. The petition has been filed by environmental activist and lawyer Gaurav Bansal.
An estimated 6,053 were illegally felled at a proposed tiger safari construction site in Pakhrau in place of 163 permitted, the SC observed regarding irregularities. It also found construction of concrete buildings without due administrative clearances.
The SC judgment said:
It is clear beyond doubt that the then forest minister and DFO considered them to be the law unto themselves. They have, in blatant disregard of the law and for commercial purposes, indulged in the illicit felling of trees on a mass-scale to construct buildings on the pretext of promotion of tourism.
The case depicts how a politician and a forest officer colluded, causing a heavy impact on the environment for “some political and commercial gain”, the bench said.
SC also pointed out that Chand’s previous records show he was involved in irregularities in earlier postings during his tenure and authorities had recommended against him being posted to sensitive positions.
The then forest minister had pushed the DFO’s name in this case. The court also observed that National Tiger Conservation Authority (NTCA) found serious irregularities and proposed that Chand be suspended by the forest secretary.
However, Rawat not only overruled the recommendation but also justified the proposed posting to Lansdowne division, stating that Chand only executed works that were started by his predecessors. “It is only after the then forest minister demitted his office that DFO Chand could be put under suspension,” SC observed.
The court said it was amazed at the audacity of the then forest minister to completely ignore the statutory provisions.
The case is currently being investigated by the Central Bureau of Investigation under High Court of Uttarakhand orders and SC restrained from commenting further in the pending matter. However, he said that many other persons must be involved and not just two.
The bench directed the CBI to submit the report on the investigation within three months.
Regarding tiger safaris, the one that already exists and the one under construction at Pakhrau will not be disturbed, the SC said. However, Uttarakhand government was directed by the court to relocate or establish a rescue centre in the proximity of the Pakhrau safari.
The SC directed the formation of a committee comprising of representatives from Central Empowered Committee, NTCA, Wildlife Institute of India and Union ministry of environment, forests and climate change.
The panel will “recommend the measures for restoration of the damages, in the local in situ environment to its original state before the damage was caused; assess the environmental damage caused in Corbett tiger reserve and quantify the costs for restoration; and identify the persons/officials responsible for such damage.”
The state shall recover the quantified cost from the people and delinquent officers responsible for the damage. The committee was also tasked with specifying the utilisation of the collected funds for active restoration of the ecological damage.
The committee will also consider and submit recommendations on whether tiger safaris can be permitted in the fringe area of the forests and, if so, what guidelines should be laid for establishing them.
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