Supreme Court Raps Minister, Forest Officer; Asks CBI to Submit Status Report on Jim Corbett Tree Felling

Uttarakhand News: On Wednesday, the Supreme Court chastised former divisional forest officer Kishan Chand and Uttarakhand forest minister Harak Singh Rawat for permitting illegitimate construction and tree-cutting at the Jim Corbett tiger reserve.

CBI Ordered to Provide Progress Report

In addition, the court ordered the CBI, which is now looking into the case, to provide its progress report on the subject in three months. The environmental activist and attorney Gaurav Bansal filed a petition against the Uttarakhand government's plan to establish a tiger safari and a speciality zoo with confined animals at the national park, which prompted the court's comments.

Public Trust Doctrine Disregarded

"In this case, bureaucrats and politicians have thrown public trust doctrine in the waste bin," a court led by Justice BR Gavai declared. "They (Rawat and Chand) have in blatant disregard of the law and for commercial purposes indulged in mass felling of trees to construct buildings on the pretext of promotion of tourism," the bench said.

The court expressed its astonishment at Rawat and Chand's chutzpah in completely disregarding statutory provisions. "In the present case, it is clear beyond doubt, that the then forest minister had considered themselves as beyond law, and it shows how Mr. Kishan Chand had thrown the public trust doctrine to the wind and how politicians and bureaucrats take law into their own hands," the court said.

Broader Investigation Anticipated

"We are sure many others are involved. But, since the CBI is probing this, we are not saying anything more," it said. Additionally, a committee was established to investigate the possibility of allowing tiger safaris in buffer or periphery areas of the nation's national parks.

"It is clear that the national wildlife conservation plan recognises the need for wildlife conservation beyond the protected areas," the bench said.  Additionally, it quoted the Mahabharata, saying, "The forest should protect all the tigers because the forest perishes without the tiger."

Conditional Approval for Tiger Safari

"We are permitting the establishment of the tiger safari, but subject to our directions issued in the judgment," the bench observed. "We are of the view that the state cannot run away from the responsibility of restoring the status of the forest from when the damage was done and recovering it from the ones who committed the damage," the court said.

"There is a substantial reduction in tiger poaching, but the ground realities cannot be denied. The illegal felling of trees like what happened in Corbett cannot be ignored," it said. The Enforcement Directorate has previously conducted raids on Rawat and Chand's homes in relation to unauthorised building within the tiger reserve.

CBI Mandate on Illegal Tree Cutting

A CBI investigation was mandated by the Uttarakhand High Court in September of last year over the 6,000 illegal trees that were cut down and illegally constructed at the Corbett Tiger Reserve. In October 2021, the court had taken a suo motu attention of media reports indicating the same.

In its September order, the Uttarakhand High Court said, "This court, after considering the material on record, comes to the conclusion that the present matter falls within the principles enunciated by the Constitution Bench and we are satisfied that the material on record does disclose a prima facie case calling for an investigation by the Central Bureau of Investigation. Therefore, the present matter is referred to the CBI for proper and uninfluenced investigation in accordance with law. All the authorities in the state, if requested, are directed to cooperate with the CBI in conducting a fair investigation of the case."

Unapproved Construction Activities

The court order stated, "As per the report (dated February 24, 2023) of the committee constituted by the National Green Tribunal, the construction work of administrative building, internal roads, service roads, guard huts and animal holding area were undertaken without any administrative and financial approval and without any budgetary provisions."

"There has been felling of trees more than the stipulated member of 163 in the approval for the tiger safari and works were started without Stage II approval under the Forest (Conservation) Act, 1980," it said.