The Supreme Court of India has come down heavily on former Uttarakhand Forest Minister Harak Singh Rawat and former divisional Forest Officer Kishan Chand for their alleged involvement in illegal construction and rampant felling of trees within the protected confines of the Jim Corbett Tiger Reserve. The courts stern remarks came in response to a petition filed by environmental activist and lawyer Gaurav Bansal, challenging the Uttarakhand governments proposal to establish a tiger safari and a specialized zoo with caged animals within the national park.Expressing its dismay, a bench led by Justice BR Gavai did not mince words, stating, This is a case where bureaucrats and politicians have thrown public trust doctrine in the waste bin. The bench further lambasted Rawat and Chand, accusing them of 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 courts indignation was palpable as it expressed amazement at the audacity of Rawat and Chand in giving statutory provisions a total go by. Justice Gavai remarked, 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 courts observations did not stop there. Acknowledging the involvement of others in the alleged misdeeds, the bench stated, We are sure many others are involved. But, since the CBI is probing this, we are not saying anything more. The Central Bureau of Investigation (CBI) has been tasked with investigating the matter, and the court directed the agency to file a status report within three months.While the court expressed its reservations about the proposed tiger safari, it formed a committee to examine whether such facilities can be permitted in buffer or fringe areas of national parks across the country. It is clear that the national wildlife conservation plan recognises the need for wildlife conservation beyond the protected areas, the bench noted, citing a quote from the Mahabharata: The forest perishes without the tiger and thus the forest should protect all the tigers.The court emphasized the states responsibility in restoring the forest to its original condition and recovering damages from those who committed the alleged offenses. 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 bench observed.The issue of illegal construction and deforestation within the Corbett Tiger Reserve has been a contentious one, with the Enforcement Directorate previously conducting raids on the residences of Rawat and Chand in connection with the case. In September of the previous year, the Uttarakhand High Court ordered a CBI inquiry into the matter, citing media reports of illegal construction and the felling of 6,000 trees within the reserve.As the investigation unfolds, the Supreme Courts strong stance underscores the gravity of the alleged offenses and the need for accountability in preserving the countrys precious natural heritage.
