“There Are Serious Allegations Against Higher Authorities”, Uttarakhand High Court Orders CBI To Probe Illegal Tree Felling At Corbett Park

Observing that there are serious allegations against higher authorities, the Uttarakhand High Court has directed CBI to investigate illegal construction and felling of over 6000 trees at Corbett Tiger Reserve .“We are satisfied that the material on record does disclose a prima facie case calling for an investigation by the Central Bureau of Investigation,” held the bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma.Considering the gravity of allegations, the Court said merely suspending some officers and keeping the matter pending by giving charge sheets to them “does not come under the purview of concrete action in any way.”The decision came in response to the suo moto PIL: In the matter of illegal construction In Corbett Tiger Reserve and a plea filed by Anu Pant through advocate Abhijay Negi.The Court noted a Committee of National Tiger Conservation Authority had found that, to allow illegal construction of roads and buildings in Corbett Tiger Reserve, Forest Officers had forged the Government records.As per the report submitted by the team comprising Principal Chief Conservator of Forest and Director of Corbett National Park, all the illegal construction activities were carried out under the direction of the office of DFO, Kalagarh Tiger Reserve Division.“State is a protector of public properties. State is the trustee of all the public properties and natural resources. State as a trustee is under a legal duty under Doctrine of Public Trust to protect these natural resources,” observed the Court.“As per the report of Forest Survey of India, the estimated total number of felled trees to be 6093,” the bench noted.The Court further noted that as per report of the Committee, constituted by the NGT, the construction works 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, the report stated.Several authorities including the DFO, Chief Wildlife Warden and then Forest Minister have been found responsible for the illegal works.Counsel for the petitioner Abhijay Negi submitted that “even after the said enquiries and reports, no effective action has been taken by the Government against the culprit officers, who are the higher authorities of the Government and Forest Department.”In the light of the above, the Court referred the matter to C.B.I. “for proper and uninfluenced investigation in accordance with law.”The Court also clarified that issuing a direction to CBI must not be done in a routine manner or merely because a party has levelled some allegations against the local police.“Otherwise CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations,” added the Court.Case Title: Suo Motu PIL: In the matter of illegal construction In Corbett Tiger Reserve v. Union of India and Others And Anu Pant v. State of Uttarakhand & Ors.

“There Are Serious Allegations Against Higher Authorities”, Uttarakhand High Court Orders CBI To Probe Illegal Tree Felling At Corbett Park

Aiman J. Chishti

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