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.

JUDGMENT :

Alok Kumar Verma, J.

A Writ Petition (C) No.8729 of 2021 “Gaurav Kumar Bansal Versus National Tiger Conservation Authority” was filed before the Hon’ble High Court of Delhi. A Committee of National Tiger Conservation Authority (in short, “NTCA”) was formed. The said Committee submitted its factual report based on field visit regarding illegal construction of bridges, buildings and water bodies by felling of trees between Pakhro Forest Rest House and Kalagarh Rest House in Corbett Tiger Reserve in the State of Uttarakhand and illegal felling of large number of trees in ongoing Pakhro Tiger Safari construction in Kalagarh Tiger Reserve Division. The Committee found that in order to allow illegal construction of roads and buildings in Corbett Tiger Reserve, Forest Officers had forged the Government records. The Committee recommended that all illegal construction in Morghati and Pakhro FRH campuses be demolished and eco-restoration work be undertaken with immediate effect and also the cost incurred for the same to be recovered from the concerned officers. The Committee opined that the Regional Office of the Ministry of Environment, Forest and Climate Change (in short “MoEFCC”) shall initiate action against the responsible officers as per the provisions of the Forest (Conservation) Act, 1980, the Wild Life (Protection) Act, 1972 and the Indian Forest Act, 1927. The MoEFCC vide its letter dated 12.08.2021, 17.09.2021 and 22.10.2021 directed the Chief Wildlife Warden of Uttarakhand to furnish a report on the complaints sent by Mr. Gaurav Kumar Bansal, Advocate regarding the illegal construction and illicit felling of trees at the locations in question within Corbett Tiger Reserve.

2. This Court has taken Suo-Motu cognizance of a news item, published on 23.10.2021 in “The Times of India” regarding the illegal construction activities being undertaken against the various forest laws in Corbett Tiger Reserve. The said matter has been registered as Suo-Motu Writ Petition (PIL) No.178 of 2021.

3. The Writ Petition (PIL) No.208 of 2021 has been filed inter alia praying for constitution of a Special Investigation Team to look into the allegations and to ensure a free, fair and transparent investigation.

4. Both these two petitions relate to a similar matter, therefore, these two petitions are being considered and decided by this common order.

5. The Suo-Motu Writ Petition (PIL) No.178 of 2021 will be treated as a leading case.

6. This Court issued directions in the Writ Petition (PIL) No.178 of 2021 on 27.10.2021 :-

“8. Meanwhile, the Principal Chief Conservator of Forest (General), Uttarakhand, the respondent no.5, the Principal Chief Conservator of Forest (Wildlife), Uttarakhand, the respondent no.6, and the Director of the Corbett National Park, Uttarakhand, the respondent no.8, are directed to inspect the site, and to submit a report with regard to the nature and extent of the illegal constructions being carried out, with regard to the persons, who are responsible for carrying out the said illegal constructions, and with regard to the concrete steps taken by the respondent nos.5, 6 and 8 against such persons, and against the illegal constructions.”

7. In compliance to the said direction dated 27.10.2021, the Principal Chief Conservator of Forests (General), Uttarakhand, the Principal Chief Conservator of Forests (Wildlife) and the Director of the Corbett National Park, Uttarakhand made a site inspection on 30.10.2021. The team together visited Pakhro Tiger Safari and Pakhro FRH, Morghati FRH, Kalagarh FRH in Kalagarh Tiger Reserve Division and Saneh Forest Rest House in Lansdowne Forest Division. On the basis of the site inspection, a report was submitted with these conclusion :-

“a. For constructions of buildings at Morghatti, there is no approval from the competent authority. It is in violation of both Wild Life Protection Act, 1972 and Forest Conservation Act, 1980.

b. For entire construction works carried out at Pakhrau Tiger Safari,