In a scathing rebuke, the Supreme Court rained criticism on former Uttarakhand forest minister Harak Singh Rawat and ex-divisional forest officer (DFO) Kishan Chand. The duo faced the Court’s wrath for their alleged involvement in illegal construction and deforestation within the hallowed grounds of the Corbett tiger reserve.
Supreme Court Pulls up Ex-Uttarakhand Minister, DFO for Environmental Catastrophe
The apex court took a stern stance, decrying the collusion between DFO Chand and Rawat, branding it a classic case of the public trust doctrine being discarded. The fallout resulted in extensive damage to the environment, as trees were ruthlessly felled and permanent structures erected in the pursuit of the Pakhro tiger safari at Corbett.
Unveiling the Collusion
The Court lamented the nexus between politicians and bureaucrats, emphasizing how this alliance had perilous consequences for the environment. The public trust doctrine, it declared, had been callously tossed aside in this egregious episode.
CBI Probe and Hope for Justice
While refraining from immediate action, the Court acknowledged a pending CBI probe, expressing optimism that the law would unfold its course. Yet, it underscored the state’s responsibility to rectify the environmental harm inflicted and restore the balance it disrupted.
Supreme Court’s Verdict on Zoos in Protected Areas
In a landmark decision, the court decreed that zoos were unwelcome in protected areas like national parks and wildlife sanctuaries. Striking down the 2019 guidelines by the national tiger conservation authority (NTCA), the Court affirmed its commitment to preserving these vital ecosystems.
Conditional Nod for Pakhro Tiger Safari
Despite the environmental fallout, the Court cautiously permitted the Pakhro tiger safari at Jim Corbett, but with stringent conditions. Only injured, rescued, or orphaned cubs native to the wild could find refuge there, and no external animals were to be sourced.
Unraveling the NTCA Guidelines
Delving into the details, the bench, led by Justice BR Gavai, scrutinized the NTCA guidelines of 2012 and 2016. While finding them acceptable for establishing tiger reserves in buffer and fringe areas, the 2019 guidelines promoting zoos were unequivocally rejected.
Committee Formed to Chart the Future
To navigate the complexities of tiger safari management, the Court constituted a four-member committee comprising NTCA, Wildlife Institute of India, central empowered committee, and the Ministry of Environment, Forests, and Climate Change (MoEFCC). Their mandate: submit comprehensive recommendations within three months.
Petition by Gaurav Bansal
Environment activist and lawyer Gaurav Bansal’s petition triggered these legal ripples. He exposed the unsuitability of the Pakhro site for a tiger safari, shedding light on illegal constructions and deforestation. The court, responding to Bansal’s plea, ordered the demolition of structures and initiated disciplinary proceedings against the involved officers.
State’s Accountability and CBI’s Role
Emphasizing the state’s duty, the Court directed the completion of departmental actions against the responsible officers. Simultaneously, it entrusted the CBI and the state government with filing updated status reports within three months.
NTCA’s Final Authority
Challenging the 2019 guidelines, the Court asserted that the final authority for selecting animals for the safari rested with the NTCA, aligning with the in-situ rehabilitation objective.
Committee’s Broad Mandate
The Court charged the committee with a multifaceted mission – restoration of the damaged area, identification of responsible parties, and evaluating costs for recovery. The funds generated from this process would be earmarked for the crucial task of environmental restoration at Corbett.
Environmental Impact of Pakhro Tiger Safari
The planned tiger safari at Pakhro, sprawling across 106 hectares, raised concerns. The state defended its position, highlighting that this constituted a minuscule fraction of Corbett’s total area.
Project Approvals and Environmental Concerns
Despite approvals from NTCA, CZA, and the Ministry of Environment, Forests, and Climate Change, the project faced scrutiny. The Court, in its judgment, acknowledged the increase in tiger numbers but remained steadfast in its condemnation of rampant deforestation.
Mahabharata’s Wisdom Echoes
Quoting the Mahabharata, the Court reinforced the need to protect tigers, underscoring the interconnected fate of tigers and forests.
Frequently Asked Questions (FAQs)
1. What prompted the Supreme Court’s intervention in the Pakhro tiger safari case?
The Court intervened following a petition by environmental activist Gaurav Bansal, exposing illegal activities and environmental damage.
2. Why did the Court criticize the 2019 NTCA guidelines?
The Court rejected the guidelines for permitting zoos in tiger reserves, deeming them contrary to the purpose of tiger conservation.
3. What conditions were imposed on the Pakhro tiger safari?
The Court permitted the safari for injured, rescued, or orphaned cubs from the wild, barring the introduction of animals from outside.
4. What role does the CBI play in this case?
The CBI is conducting a probe into the alleged collusion and illegal activities surrounding the Pakhro tiger safari.
5. How does the Court plan to address the environmental damage caused?
A committee has been formed to assess the damage, identify responsible parties, and recommend measures for environmental restoration.
6. What is the significance of the Mahabharata quote in the Court’s judgment?
The quote emphasizes the symbiotic relationship between tigers and forests, reinforcing the need for their mutual preservation.
Conclusion
As the legal saga unfolds, the Supreme Court’s decisive actions underscore the gravity of environmental transgressions. The committee’s recommendations and subsequent actions promise to chart a course towards the restoration of Jim Corbett’s pristine ecosystem. The tiger’s fate, entwined with the fate of its habitat, awaits a judicious and conscientious resolution.
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