'Amazed At Audacity': Supreme Court Slams Ex-Forest Minister Harak Singh Rawat And DFO Of Uttarakhand For Illegalities In Jim Corbett Park

Besides appointing the committee for determining the larger question, the apex court also took a stern view of the illegal constructions and rampant felling of trees in Uttarakhand's Corbett National Park. Previously, the Central Empowered Committee had held former Uttarakhand forest minister Harak Singh Rawat and the then divisional forest officer (DFO) Kishan Chand responsible for a host of illegal activities, including unauthorised constructions for a tiger safari in Pakhro and Morghatti forest areas. Commenting on this, the court today observed -

"It is clear that the former forest minister and DFO considered themselves to be the law unto themselves. In blatant disregard of the law and commercial purposes, they indulged in illicit felling of trees on a mass scale to construct buildings under the pretext of promotion of tourism. This is a classic case that shows how politicians and bureaucrats have thrown the public trust doctrine in the dustbin...This is a case that shows how a nexus between a politician and a forest officer has resulted in causing heavy damage to the environment for some political and commercial gain. Even the recommendations of the senior officers of the forest department, the vigilance department, and the police department objecting to DFO Kishan Chand's posting at a sensitive post have been totally ignored. We are amazed at the audacity of the then forest minister and DFO Kishan Chand giving a total go-bye to statutory provisions."

However, in view of an ongoing investigation by the Central Bureau of Investigation, the bench refrained from making any further observation. The CBI probe would lead to finding out the culprits responsible for such huge devastation and the law will take its own course, the judge admitted, but added that bringing the culprits to task was quite different from restoring the damage already done. It clarified -

"The State cannot run away from its responsibility to restore the damage done to the forest. Apart from preventing such acts in the future, the State must take immediate steps for the restoration of the damage. It has to undertake an exercise to determine the valuation of the damage done and recover it from the persons found responsible."

It also noted -

"It is well known that the presence of the tiger in the forest is an indicator of the well-being of the ecosystem. Unless steps are taken for the protection of the tigers, the ecosystem revolving around them cannot be protected. The figures placed before us show that there has been a substantial reduction in tiger poaching and an increase in tiger strength throughout the country. However, that should not be enough and the ground realities cannot be denied. Events like illegal constructions and illicit felling of trees on a rampant scale like the one that happened in the Corbett National Park cannot be ignored. Steps are required to prevent this."

Accordingly, the Central Bureau of Investigation has been directed to 'effectively' investigate the matter as instructed by the Uttarakhand High Court. The apex court has also sought a status report from the probe agency within three months. On the other hand, the State of Uttarakhand has been asked to complete the disciplinary proceedings against the delinquent officers as expeditiously as possible, and in any case, within a period of six months. The state government has also been directed to submit a status report within three months.

In the meantime, the court has kept the proceedings pending, enabling it to monitor the steps taken by the state authorities as well as the probe by the Central Bureau of Investigation.

The verdict follows a controversy that erupted last year over the construction activities in the Jim Corbett National Park, where alleged illegal buildings and waterbodies were being created. The issue was brought before the court through a batch of applications, highlighting the violation of environmental norms and the encroachment into core wildlife habitats. These interlocutory applications were filed in the TN Godavarman Thirumulpad case, an omnibus forest protection matter in which the top court issued the longest-standing continuing mandamus in the field of environmental litigation.

During the proceedings, amicus curiae K Parameshwar presented evidence of unauthorised constructions within the national park. The court was shown photographs depicting concrete and iron enclosures purportedly meant for a 'safari' experience. The bench raised questions about the necessity of creating such facilities within natural forest environments, particularly in areas designated for the protection of endangered species like tigers. The court was also informed that a significant number of trees, over 6,000, had been cut down in the national park under the guise of safari development.

In response to the submissions, the Supreme Court issued a temporary injunction on further construction activities within the core areas of tiger reserves, national parks, and wildlife sanctuaries.

In Re: TN Godavarman Thirumulpad v. Union of India & Ors. | Writ Petition (Civil) No. 202 of 1995

Citation : 2024 LiveLaw (SC) 198

Click here to read the judgment