U’khand HC orders CBI inquiry into illegal felling of 6,000 trees in Corbett
The high court noted that there has been felling of trees more than the stipulated member of 163 in the approval for the Tiger Safari and work was started without Stage II approval under the Forest (Conservation) Act, 1980
The Uttarakhand high court on Wednesday ordered a Central Bureau of Investigation (CBI) inquiry in the case of illegal constructions and felling of 6,000 trees in Corbett Tiger Reserve (CTR).
The HC order stated, “This court, after considering the material on record, comes to the conclusion that the present matter falls within the principles enunciated by the.. Constitution Bench and we are satisfied that the material on record does disclose a prima facie case calling for an investigation by the Central Bureau of Investigation. Therefore, the present matter is referred to CBI for proper and uninfluenced investigation in accordance with law... All the authorities in the state, if requested, are directed to cooperate with the CBI in conducting fair investigation of the case”.
The judgment reserved on September 1 was delivered on Tuesday by the division bench of chief justice Vipin Sanghi and justice Alok Kumar Verma. The HC is hearing two cases, one filed by Dehradun-based Anu Pant and another in which the HC had taken suo motu cognizance of the media reports over illegal constructions and felling of trees in CTR on October 27, 2021.
The matter relates to a petition originally filed by New Delhi-based Gaurav Bansal, Supreme Court advocate and wildlife activist. Bansal said that on a petition filed by him in Delhi high court regarding illegal constructions, the felling of trees and the construction of approach roads in CTR, the court on August 23, 2021, had directed NTCA to look into the issues raised in the petition. He said following the court directions, NTCA had constituted a committee on September 5, 2021, which inspected CTR between September 26 to 30 and submitted its report on October 22, 2021.
Bansal said, “I am happy that the court has finally ordered a CBI inquiry in the matter and it will bring to light the extent of irregularities conducted by senior officials in the area, which has the highest concentration of tigers in the world”
The HC order stated, “It is to be noted that as per the report of Forest Survey of India, the estimated total number of felled trees to be 6,093. The Forest Survey of India has also estimated the species and diameter classes of such trees in its report. The committee of NTCA had filed its detailed site inspection report dated 22.10.2021... One of the recommendations for the state government was to constitute a Vigilance Inquiry against the officers involved in the construction activities without any requisite approval. The state government directed the director, Vigilance Establishment to initiate an open enquiry against the officers concerned in the matter vide its letter dated 09.11.2021. The vigilance inquiry is still pending”.
The HC order stated that as per the report (dated 24.02.2023) of the committee constituted by the National Green Tribunal, “the construction work of administrative building, internal roads, service roads, guard huts and animal holding area were undertaken without any administrative and financial approval and without any budgetary provisions. There has been felling of trees more than the stipulated member of 163 in the approval for the Tiger Safari and works were started without Stage II approval under the Forest (Conservation) Act, 1980”
The HC order pointed out that according to the report of the committee constituted by the green panel, “In gross violation of the provisions of the Forest Conservation Act, 1980, the work in Pakhrau Tiger Safari started after laying of the foundation stone in November, 2020 by then forest minister Shri Harak Singh Rawat without having received any Stage II clearance under Section 2 (ii) of the Forest Conservation Act, 1980…. As per report dated 24.02.2023, Akhilesh Tiwari, DFO Kalagarh, Rahul, conservator of forests/director, Jabar Singh Suhag, chief wildlife warden and then forest minister have been found responsible for their illegal work. Apart from these provisions, Braj Vihari Sharma, forest range officer/SDO, Kishan Chand, DFO, Sushant Patnaik, the then CCF, Garhwal, Mathura Singh Mavdi, forest range officer and LR Nag, SDO have also been found responsible”.
HC said Abhijay Negi, counsel appearing for the petitioner (Anu Pant), informed it that even after the enquiries and reports, no effective action has been taken by the government against the culprit officers, who are the higher authorities of the government and forest department. “Therefore, looking at the magnitude of the matter as well as the seriousness involved in the present matter, this court may consider the free, fair and transparent investigation from an independent central agency…,” the order stated
The HC maintained that “In view of the serious allegations against the higher authorities of the State, merely suspending some officers and keeping the matter pending by giving charge sheets to them does not come under the purview of concrete action in any way. The state government..(in 2021).. has instituted an open Vigilance inquiry. But, the said Inquiry is still pending. In these circumstances, we cannot remain a mere bystander or spectator.”