SC raps U’khand ex-mantri, DFO for damaging Corbett
Noting that the “public trust doctrine” has been thrown into the waste bin, the Supreme Court on Wednesday rapped 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.
The bench headed by Justice B.R. Gavai, also comprising Justices P.K. Mishra and Sandeep Mehta, said it was amazed at the audacity of Mr 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 said.
The apex court directed the CBI, which is 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 said.
“They (Mr Rawat and Mr 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.
Underscoring that the state cannot shirk the responsibility of restoring the status of the forest, the top court said even after the National Tiger Conservation Authority found Mr Chand involved in serious irregularities, Mr 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,” the bench noted.
The top court 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’.”
The bench directed the Union environment ministry to appoint a committee consisting of representatives of the NTCA, Wildlife Institute of India, Central Empowered Committee and an officer of the MoEF not below the rank of joint secretary as its member secretary.
“THEY, MR Rawat and Mr 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