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2025 Supreme(Online)(SC) 111513

SUPREME COURT
*B. R. Gavai, C. J., Augustine George Masih, Atul S. Chandurkar, JJ.
In Re : Corbett
I. A. No. 20650 of 2023, 199355 of 2024



I. BACKGROUND

1. This Court, in its judgment and order dated 6th March 2024 ((2025) 2 SCC 641, hereinafter referred to as "T. N. Godavarman") passed in the present proceedings [to which one of us, Gavai, J. (as he then was) was a member], considered the statutory and regulatory framework for the establishment of Tiger Safaris in Tiger Reserves, and issued various detailed directions pertaining to the establishment of a Tiger Safari at Pakhrau as well as with regard to illegal construction and felling of trees in the Corbett Tiger Reserve. In the said judgment and order, the existing Tiger Safaris and those under construction (including the one at Pakhrau) were not outrightly prohibited but were made subject to stricter standards. Therefore, in order to develop these standards in a scientific and rational manner, this Court directed constitution of an Expert Committee that would carry out an in - depth inquiry, and make recommendations based on various aspects as laid down in the said judgment and order dated 6th March 2024, specifically including - restoration, governance, and operational protocols for Tiger Safaris, as well as guidelines for mitigation of ecological damage. The Expert Committee was also specifically tasked with identifying the officials who were personally liable for the damage caused to the Corbett Tiger Reserve.

2. Pursuant to the aforesaid directions, the Expert Committee was constituted by the MoEF&CC vide an Office Memorandum dated 15th March 2024. The Expert Committee has submitted its report and the copies of the said report were supplied to the parties.

3. We have heard Mr. K. Parameshwar, learned Amicus Curiae, Ms. Aishwarya Bhati, learned Additional Solicitor General and Mr. Gaurav Kumar Bansal, applicant in person with regard to their contentions concerning the said report. After considering their contentions, by way of the present Judgment, we propose to issue directions in continuation of those issued by this Court vide judgment and order dated 6th March 2024 passed in the present proceedings.

4. However, before we proceed further, it would be appropriate to recapitulate the relevant background vis - a - vis the tiger population in India, the Government's conservational efforts, the significance of Corbett National Park, and the directions issued by this Court on 6th March 2024.

(a) The importance of tigers and their conservation in India

5. The tiger, as the apex predator of its ecosystem in India, plays a central role in maintaining the overall ecological balance, and regulating natural processes in the forest (J. Terborgh, "Diversity and the Topical Rain Forest" (1991, Freeman New York, xii + 242 pp.).). Its survival ensures the health of forest ecosystems, biodiversity, water security, and overall climate stability (M. Sunquist, K.U. Karanth and F. Sunquist, "Ecology, behavior and resilience of the tiger and its conservation needs" (1999, Pages 5-18).). Presently, however, tiger populations survive within less than 7% of their historical range, restricted to fragmented habitats spread across 12 recognized Tiger Conservation Landscapes (hereinafter referred to as "TCLs") in Asia (J. Goodrich, A. Lynam, D. Miquelle, H. Wibisono, K. Kawanishi, A. Pattanavibool, S. Htun, T. Tempa, J. Karki, Y. Jhala and U. Karanth, "Panthera tigris. The IUCN Red List of Threatened Species" (2015)). Of these, 6 priority TCLs for long - term conservation are located in the Indian subcontinent. India assumes a special responsibility, as it is home to more than 80% of the world's free - ranging tiger population, representing over 60% of the species' genetic diversity (E. Dinerstein, C. Loucks, E. Wikramanayake, J. Ginsberg, E. Sanderson, J. Seidensticker, J. Forrest, G. Bryja, A. Heydlauff, S. Klenzendorf, P. Leimgruber, J. Mills, T.G. O'Brien, M. Shrestha, R. Simons and M. Songer, "The fate of wild tigers" (2007)). The country's contribution in terms of conservation efforts, is therefore, pivotal to the objectives
























































































































































































































































































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