Violation of Forest (Conservation) Act, 1980 and The Wild Life (Protection) Act, 1972 by permitting construction of roads and engaging in commercial activities inside the Corbett Tiger Reserve.

R.C. Khulbe, J.

1. The present Public Interest Litigation (PIL) has been filed by Prem Singh Rawat with the following reliefs:-

a. To issue a writ, order, or direction in the nature of mandamus for an enquiry by the Central Vigilance Commission regarding construction of more than 10 Kms. of new road in the Corbett Tiger Reserve partly on the expense of public money and partly by the owner of the Leisure Hotels, in total disregard of the Forest (Conservation) Act and the directions of the C.E.C. and the Ministry of Forest and Environment.

b. To issue a writ, order, or direction in the nature of mandamus to direct the forest authorities to punish the officer found guilty of violation of Forest Conservation Act, Wild Life Protection Act, and the directions issued by the C.E.C. and the Ministry of Forest and Environment.

c. To issue a writ, order, or direction in the nature of mandamus to command the authorities to immediately stop the cruelty towards aquatic life in the name of conservation of Mahashir.

d. To issue a writ, order, or direction in the nature of mandamus to award proper punishment under Section 465 of the Indian Penal Code to those, who were party to the agreement entered in the month of November, 2004 on a stamp paper that was purchased on 3rd December 2004.

e. To issue a writ, order, or direction in the nature of mandamus to issue any order or direction for stopping the running of jeeps and other four wheelers from Ramganga River and Corbett Tiger Reserve.

2. The factual matrix of the PIL is that Mr. Mukund Prasad Gupta, owner of the Leisure Hotels & Sporting Ambitions, purchased some private land at village Jamun in the year 2004, which is surrounded by Corbett National Park and is more than 10 Kms. inside the Corbett Park from Durga Devi Gate. In fact, Durga Devi Gate is the entry point for village Jamun. The owner of the Leisure Hotels wanted to construct a Resort named ‘Hideaway River Lodge’ on his plot at Village Jamun, but there was a problem of ingress in the reserve forest i.e. Corbett Tiger Reserve. Without ingress, it was not possible for him to carry construction material for resort. Prior to year 2004, there is no mention in the management plan or map of any road from Durga Devi gate to village Jamun and it was not possible for any four wheeler to reach village Jamun. In order to solve the problem, the owner of the Leisure Hotels contacted Shri D.V.S. Khati, the then Director, Corbett Tiger Reserve, Ramnagar, who misused his office in total disregard of the directions of the Hon’ble Supreme Court and Central Government by permitting Mukund Prasad Gupta to construct nearly 8 Kms. of kutcha Road inside Corbett Tiger Reserve from Ramgagar River to his resort at Jamun.

3. Shri Khati again, at the expense of the public money, got constructed nearly 4.5 Km. of new Kutcha road from Durga Devi Gate to Ramganga River. This construction of road inside Corbett Tiger Reserve opened the doors for the Land Mafias for the sale and purchase of the land inside Corbett Tiger Reserve. The Director, C.T.R. provided access to the owner of the resort inside the Corbett Tiger Reserve to ferry construction material for his resort at Village Jamun as there was no pre-existing Kutcha road for which Rs.28,000/- were spent by the department. Thus, the permission was given to a private person to construct the road inside the Corbett Tiger Reserve in violation of Section 2 of the Forest (Conservation) Act, 1980 as well as the directions issued by the Hon’ble Supreme Court.

4. Apart from that, Director, C.T.R. Shri Khati again illegally provided a trained female elephant, belonging to the forest department, to ferry tourists of Hideaway River Lodge. Thus, the elephant was engaged to promote the commercial activities of Hideaway River Lodge. The Director, C.T.R., without prior approval of the Central Government, also permitted the private person to do fishing work and facilitate them in transportation of a new Kutcha road in Corbett