NEW DELHI, March 6: Observing that the “public trust doctrine” has been thrown into the waste bin, the Supreme Court on Wednesday pulled up former Uttarakhand minister Harak Singh Rawat and a former divisional forest officer for allowing illegal construction and felling of trees in the Corbett Tiger Reserve (CTR).
A bench headed by Justice B R Gavai said it was amazed at the audacity of Rawat, who was the forest minister in the BJP government in 2021 and is now with the Congress, and former divisional forest officer Kishan Chand in giving statutory provisions a total go by.
“Since the matter is pending investigation by the CBI, we do not propose to comment any further on the matter. We have also observed that this cannot be done by two persons only. Many other persons must have been involved,” the bench, also comprising justices P K Mishra and Sandeep Mehta, said.
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The apex court directed the CBI, which is already probing the case, to file its status report in the matter within three months.
“This is a case where bureaucrats and politicians have thrown public trust doctrine in the waste bin,” it added.
The top court said even after the National Tiger Conservation Authority found Chand involved in serious irregularities, Rawat not only overruled the recommendation of the Secretary (Forest) for suspension but also justified his proposed posting to the Lansdowne Division.
“It was only after the then Forest Minister demitted his office, that Mr. Kishan Chand, DFO could be put under suspension,” it said.
The court’s judgement came on a petition filed by environment activist and lawyer Gaurav Bansal alleging destruction of the tiger habitat and a decline in the tiger density in the Lansdowne Forest Division owing to illegal construction in the Pakhro Tiger Safari as well as illicit felling of thousands of trees.
“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, adding that the state cannot run away from the responsibility of restoring the status of the forest.
The court said it was amazed at the audacity of Rawat and Chand in giving statutory provisions a total go by.
The Central Empowered Committee of the Supreme Court had earlier held Rawat and Chand responsible for various illegal activities, including constructions in connection with a tiger safari in 2021, in the Pakhro and Morghatti forest areas of the Kalagarh Forest Division of the CTR.
In its report submitted to the apex court, the committee held Rawat and Chand guilty of construction activities in connection with the tiger safari and other illegal projects in the Pakhro and Morghatti forest areas.
It had also given its green signal to the Uttarakhand vigilance department to continue with the legal proceedings against the forest officials involved in the irregularities.
The committee had said even when the media was reporting all kinds of disturbances in Pakhro and Morghatti, the then chief wildlife warden and the state government did not take action against the culprits.
The CTR, famous for the Royal Bengal Tiger, remains closed for tourists during monsoon and opens in October-November.
Spread over an area of 1,288.31 sq km, it is known for its biodiversity and the density of tigers here is the highest in the world.
Rawat was the forest minister in the BJP government in Uttarakhand in 2021.
He was expelled by the saffron party ahead of the 2022 state assembly polls, following which he joined the Congress.
The bench said safaris which are already existing and the one under construction at Pakhrau will not be disturbed.
“However, insofar as the Safari at ‘Pakhrau’ is concerned, we direct the state of Uttarakhand to relocate or establish a rescue centre in the vicinity of the ‘Tiger Safari’.
It directed the Union Environment Ministry to appoint a committee consisting of a representatives of the NTCA, Wildlife Institute of India, CEC and an officer of the MoEF not below the rank of joint secretary as its member secretary.
The committee shall recommend the measures for restoration of the damages, in the local in situ environment to its original state before the damage was caused.
“It shall assess the environmental damage caused in the Corbett Tiger Reserve (CTR) and quantify the costs for restoration and identify the persons/officials responsible for such a damage.
“Needless to state that the state shall recover the cost so quantified from the persons/delinquent officers found responsible for the same. The cost so recovered shall be exclusively used for the purpose of restoration of the damage caused to the environment,” the bench said.
The apex court directed Uttarakhand to complete the disciplinary proceedings against the delinquent officers as expeditiously as possible and in any case, within a period of six months from today.
The status report in this regard shall be submitted to this court within a period of three months from today, it said. (PTI)
