New Delhi
The Uttarakhand High Court on Wednesday directed the CBI to investigate irregularities, including large scale illegal construction, by administrators at Jim Corbett National Park, the first national park in India. Allegedly a tiger safari project was used as cover to commit fraud.
The tiger safari project has always been suspect due to environmental concerns. The National green Tribunal, taking cognisance of The Hindu’s report, last year formed a committee to investigate the alleged irregularities.
A bench of chief justice of Uttarakhand High Court, Vipin Sanghi and justice Alok Kumar Verma ordered a CBI investigation while hearing two separate petitions, one a suo-moto petition based on a news report and other one filed by a resident of Uttarakhand Anu Pant. The court said a special investigation was ordered after consideration of materials on record.
“.... we are satisfied that the material on record does disclose a prima facie case calling for an investigation by the Central Bureau of Investigation,” the court order reads.
The case started after a Delhi based advocate Gaurav Kumar Bansal filed a case before the High Court of Delhi complaining about illegal construction and illicit felling of trees at various locations inside Corbett Tiger Reserve. This is when a Committee of National Tiger Conservation Authority (NTCA) was formed.
The Committee submitted its report after field visits and found that Forest Officers forged Uttarakhand Government records to carry out illegal construction inside the national park.
It recommended that all illegal construction be demolished and eco restoration work be undertaken with immediate effect and the cost be recovered from the concerned officers.
The same commitee has also requested the Ministry of Environment, Forest and Climate Change (MoEFCC) to take action against the responsible officers according to the provisions of the Forest (Conservation) Act, 1980, the Wild Life (Protection) Act, 1972 and the Indian Forest Act, 1927.
The MoEFCC, in two separate letters written in August and September 2021 directed the Chief Wildlife Warden of Uttarakhand to furnish a report on the complaints sent by Mr. Bansal.
In compliance, the Principal Chief Conservator of Forests (General), Uttarakhand, the Principal Chief Conservator of Forests (Wildlife) and the Director of the Corbett National Park made a site inspection in October 2021. The report submitted by them maintained that no approval from the competent authority was taken for constructions of buildings at Morghatti. The report also said that for construction at Pakhrau Tiger Safari, a detailed investigation is required to know how many more trees were felled, in excess of the 163 trees which were approved for felling.
“No permission for construction in FRH premises has been granted under the approved plans. Investigation is also required to ascertain the extent of deviation from the approved plan for establishment of Tiger Safari,” the report stated which also pointed out multiple other irregularities related to illegal construction and tree felling at CTR.
The site of the Pakhro Safari area was also inspected by the DIG, Forest of Integrated Regional Office who in his report maintained that there is violation of condition of FC approval as more than 163 trees have been removed. It also stated that constructions in four locations are permanent cement-concrete structures on forest land by the custodian of the forest land i.e. DFO, Kalagarh Tiger Reserve Division.
“Extensive construction activity has been recorded during the inspection at four locations in the forest area for which no statutory/administrative/financial approval could be produced by the then DFO, Kalagarh Tiger Reserve Division who was present during inspection,” the report stated.
The court also noted that as per the report of Forest Survey of India – quoted by The Hindu in its edition of October 02, 2022 – it estimates the total number of felled trees at 6093.
It added that the state government was to constitute a Vigilance Inquiry against the officers involved in the construction activities without any requisite approval which is still pending.
Later, a five member Committee, led by Additional Principal Chief Conservator of Forests stated that the principal culprit in the illegal construction of roads and buildings infrastructure is the then DFO Kalagarh with a dubious record of committing similar irregularities. He was hand-picked by the then Forest Minister to be posted to Kalagarh Forest Division and that too without a recommendation from the PCCF and Civil Services Board.
“Then Forest Minister was instrumental in the planning and execution of illegal and unauthorised roads and buildings within the Corbett Tiger Reserve and in the Lansdowne Division as is evident from his noting in Government files and of him having supervised the illegal works executed by Shri Kishan Chand, the then DFO and the stand of the Forest Minister against initiation of disciplinary proceedings including the proposed suspension of the then DFO, pursuant to the report of NTCA.”
