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SUPREME COURT OF INDIA
B.R. Gavai, Prashant Kumar Mishra, Sandeep Mehta, JJ.
In Re: T.N. Godavarman Thirumulpad – Petitioner
Versus
Union Of India & Ors. – Respondents
In Re: Gaurav Kumar Bansal – Applicant
I.A. No. 20650 of 2023 In Writ Petition (Civil) No.202 of 1995
Decided On : 06-03-2024
JUDGMENT :
B.R. GAVAI, J.
INDEX
| I. | BACKGROUD |
| II. | SUBMISSIONS OF THE PARTIES |
| III. | STATUTORY PROVISIONS |
| IV. | GUIDELINES ISSUED BY VARIOUS AUTHORITIES |
| V. | CONSIDERATION |
| (a) | Consideration as to whether Tiger Safaris and Zoos are on the same footing or not. |
| (b) | Whether establishment of a ‘Tiger Safari’ at Pakhrau is legal or not. |
| (c) | Illegal construction and felling of trees |
| (d) | ‘Public Trust’ Doctrine |
| (e) | Concern of the CEC |
| (f) | Principle of Ecological Restitution |
| VI. | CONCLUSIONS |
ABBREVIATIONS
| CBD | Convention on Biological Diversity, 1992 |
| CBI | Central Bureau of Investigation |
| CEC | Central Empowered Committee |
| CZA | Central Zoo Authority |
| DFO | Divisional Forest Officer |
| ERC | Elephant Rehabilitation/Rescue Centres |
| ESZ | Eco Sensitive Zone |
| FAC | Forest Advisory Committee |
| FC | Forest Clearance |
| FC Act | Forest (Conservation) Act,1980 |
| FSI | Forest Survey of India |
| HoFF | Head of Forest Forces |
| IFS | Indian Forest Service |
| IFSR | India State of Forest Report |
| MDF | Moderate Dense Forest |
| Mo EF&CC | Ministry of Environment, Forest and Climate Change |
| NPV | Net Present Value |
| NTCA | National Tiger Conservation Authority |
| OF | Open Forest |
| PCCF | Principal Chief Conservator of Forests SC, |
| NBWL | Standing Committee of National Board for Wild Life |
| SOP | Standard Operating Procedure |
| sq.km. | square kilometer |
| TCP | Tiger Conservation Plan (“TCP |
| VDF | Very Dense Forest |
| WII | Wildlife Institute of India |
| WLP Act | Wild Life (Protection) Act, 1972 |
“The tiger perishes without the forest and the forest perishes without its tigers. Therefore, the tiger should stand guard over the forest and the forest should protect all its tigers.”
This is how the importance of the tigers in the ecosystem has been succinctly described in ‘Mahabharta’. The existence of the forest is necessary for the protection of tigers. In turn, if the tiger is protected, the ecosystem which revolves around him is also protected. The tiger represents the apex of the animal pyramid and the protection of their habitat must be a priority. “A healthy tiger population is an indicator of sustainable development in the 13 tiger range countries”1[Midori Paxton]
In spite of such an importance given to the tiger and many statutory provisions enacted for the conservation and protection of the tiger, the present case depicts a sorry state of affairs as to how human greed has led to devastating one of the most celebrated abodes of tigers i.e. the Corbett Tiger Reserve.
When we consider this issue, it will also be apposite to refer to the restoration experiment at the Yellowstone National Park of the United States of America.
The impact of the absence of carnivores in a forest and the regenerative effect on their re-introduction was witnessed in the recent past in the famous Yellowstone National Park.
Wolves were hunted down by the mankind and the last recorded wolf in the park was shot down by a park ranger in the year 1926. Resultantly, owing to lack of apex predators in the park, the population of deer and other herbivores rose significantly. Efforts made by humans to control the herbivore population proved unsuccessful and resultantly these animals grazed away the vegetation which had the cascading effect of soil erosion and depletion of forest. As an ambitious restoration experiment, the scientists re-introduced a pack of wolves in the Yellowstone National Park in the year 1995.
Once the wolves arrived, even though few in number, the same had remarkable effects. The obvious outcome of such reintroduction was the reduction in the population of deer; but
The establishment of a Tiger Safari in buffer zones is permissible under the Wild Life (Protection) Act, provided it adheres to ecological and statutory guidelines, emphasizing the public trust doctr....
Environmentalists' conception of ecological balance in nature is based on fundamental concept that nature is "a series of complex biotic communities of which a man is an inter-dependant part” and tha....
Airstrip expansion in tiger reserve ESZ/buffer requires prior EC, NBWL/NTCA clearance; commercial construction/tree felling prohibited within 1km of core; precautionary principle mandates halt absent....
The main legal point established in the judgment is the state's obligation to protect natural resources under the public trust doctrine and the responsibility to conserve valuable resources.
Protection of forest land – Mining within national parks and wildlife sanctuaries shall not be permitted – No new permanent structure shall be permitted to come up for whatsoever purpose within ESZ.
The main legal point established in the judgment is the need to ensure the protection of wildlife and the environment in wildlife sanctuaries, emphasizing the restrictions on entry, the duty of autho....
The main legal point established in the judgment is the court's authority to protect wildlife and natural habitats, as well as to enforce mandatory guidelines for determining Eco-sensitive Zones laid....
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