Top court stays bus service through Corbett, seeks authorities’ response
DEHRADUN: The Supreme Court on Thursday issued notices to the Union environment ministry, National Board for Wildlife (NBWL), National Tiger Conservation Authority (NTCA), the Uttarakhand government, Uttarakhand’s chief wildlife warden and the director of Corbett Tiger Reserve (CTR) on plying of private buses inside the core area of one of India’s most storied reserves, said Gaurav Kumar Bansal, advocate and wildlife activist, who appeared in person.
Bansal said that responding to his public interest petition, the bench headed by Chief Justice of
India SA Bobde and comprising justices AS Bopanna and V Ramasubramanian, also stayed the implementation of the CTR director’s order that allowed private buses to enter the reserve.
In December last year, the Uttarakhand forest department allowed Garhwal Motor Owners Union Limited to start a bus service through Corbett, reducing the distance between Kumaon and Garhwal divisions of the state by around 100km. The department allowed only one bus to ply per day, carrying a maximum 30 passengers, although the latter restriction was on account of Covid-19.
Bansal, in his petition, stated that this move “is not only against various provisions of Wildlife Protection Act 1972 like its Section 38 (O) and Section 38 (V) but also against the orders issued by the apex court directing that the reserve be protected”. Section 38 (O) of the Wildlife Protection Act, 1972 provides that tiger reserves will not be diverted for ecologically unsustainable uses, and that in case it is required, then it is mandatory for the government and its forest department to do the same only after taking approval from NBWL and on the advice of NTCA.
“However, in the present case Uttarakhand government and its forest department neither took any kind of approval from
National Board for Wildlife nor approached NTCA for their advice,” said Bansal
JS Suhag, chief wildlife warden, Uttarakhand, said that although he has not received the copy of the court’s order, the road has been there for over 40 years.
Director of the Corbett Tiger Reserve (CTR), Rahul (who goes by his first name), said there is no violation as they have not constructed any new road in the reserve. “This road was there already. The bus service was stopped in 2018 and then resumed in December 2020.”
Bansal said the apex court settled the dispute regarding roads through CTR in a 1998 case, staying any type of construction within CTR and also expressly observing that no road in the region should affect CTR.
In December, days after the Uttarakhand government allowed the bus service, NTCA sought a status report from the state forest department, pointing to possible violations of “Section 38 (V) & Section 38 (O) of Wildlife (Protection) Act, 1972”.
NTCA took cognisance of a letter written by a Delhi-based NGO Centre for Wildlife & Environment Litigation (CWEL) Foundation seeking urgent intervention and action for the conservation and protection of the core area of CTR.
Wildlife expert BS Bonal said the court has only stayed the government’s decision for now. “Now it has to be seen what the government submits in its reply regarding why it decided to ply the bus service through Corbett. Based on the strength of that argument, the Supreme Court will take a final call,” he said
Corbett Tiger Reserve, which is spread across 1,288 square km, is one of the most popular tourist destinations in the state. The gates of Corbett open on November 15 every year for six months till mid-june. Corbett witnesses a footfall of around 300,000 tourists every year. There are 231 tigers inside CTR and 266 using the reserve according to the latest report on tigers.