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In Re: T.N. Godavarman Thirumulpad vs Union of India

Not available · 2024 INSC 178Decided 6 Mar 2024
Not available
Justice B.R. Gavai · Justice Prashant Kumar Mishra · Justice Sandeep Mehta

Background

This matter arose from reports of illegal construction of bridges, buildings, and a "Tiger Safari" inside the core/critical tiger habitat of the Corbett Tiger Reserve in Uttarakhand, along with illicit large-scale felling of trees. It began with a citizen's complaint to the Delhi High Court and suo motu action by the Uttarakhand High Court after news reports exposed the violations, and was later taken up by the Supreme Court as part of its long-running Godavarman forest protection proceedings, with the Central Empowered Committee and an Amicus Curiae assisting the Court.

Decision Breakdown

The Court found substantial illegality in how the Pakhrau Tiger Safari and related structures were built inside protected tiger habitat, in violation of the Wild Life (Protection) Act, the Forest (Conservation) Act, and the Indian Forest Act, and directed that the CBI investigate the matter as already ordered by the Uttarakhand High Court, with a report due within three months. The Court did not order demolition of the already-existing or under-construction safari facilities but instead directed the State of Uttarakhand to relocate/establish a rescue centre near the Pakhrau site, and constituted an expert committee (with representatives from the National Tiger Conservation Authority, Wildlife Institute of India, and Central Empowered Committee) to recommend restoration measures, quantify environmental damage, and identify responsible officials so costs could be recovered from them. The Court also directed disciplinary proceedings against the responsible officers to be completed within six months and kept the matter pending for ongoing monitoring.

Lesson Learnt

Environmental and wildlife protection laws apply strictly even to government-led tourism or infrastructure projects inside protected forest areas, and courts can hold individual officials personally accountable, including recovering restoration costs from them, for illegal construction and ecological damage rather than simply penalizing the state exchequer.

Official source (sci.gov.in)View Judgment (PDF)

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