After a recent uproar over the Uttarakhand government's plan to build animal enclosures inside the Jim Corbett National Park, the Supreme Court on Wednesday ordered a halt to any building in the core areas of tiger reserves, national parks, and wildlife sanctuaries. 

Justices BR Gavai and Vikram Nath's bench ruled as follows:

“Issue notice to Ministry of Environment, Forest, and Climate Change and the National Tiger Conservation Authority returnable on March 15. The perusal of the report would reveal that various illegal constructions have been carried out inside tiger reserves. The photographs would show that a cordoned area has been constructed within the reserve. Prima facie, we do not appreciate the necessity of having a zoo inside the tiger reserves or national parks. The concept of protecting these is to permit animals to reside in their natural environs and not artificial environs. We, therefore, also call upon the National Tiger Conservation Authority (NTCA) to explain the rationale behind permitting such safaris within tiger reserves and national parks. Until further orders, the authorities are restrained from making any constructions within the core areas of national parks, wildlife sanctuaries, and tiger reserves.”

The Jim Corbett National Park in Uttarakhand is allegedly the site of illegal building construction, the creation of waterbodies, and illegal tree cutting for construction purposes. The bench was deliberating a number of applications at the time. The T.N. Godavarman Thirumulpad case, an omnibus forest protection matter, was the subject of these interlocutory applications. In this case, the supreme court issued the longest-lasting continuing mandamus in the history of environmental litigation. A Central Empowered Committee (CEC) was also established in 2002 with the purpose of overseeing the execution of the court's orders and alerting it to any instances of non-compliance.

“It is virtually a zoo in the name of a safari, within a tiger reserve! It is absolutely shocking these new buildings are constructed inside the core area in Corbett without any statutory prior approval. There has to be an immediate seizure,” exclaimed amicus curiae K. Parameshwar on Wednesday, before proceeding to give the court a brief timeline of past events. 

A former divisional forest officer of the Kalagarh Tiger Reserve, who was apprehended on December 22 after eluding capture for several days, was implicated, according to reports.

“The statement of the divisional forest officer that ongoing construction activities have been approved has turned out to be completely false. No statutory prior approval was obtained. There was no administrative or financial sanction from the competent authority. The design of the constructions repudiates the claim that they were built for the forest staff,” submitted Parameshwar. 

The counsel explained, “Because there was so much pressure from the High Court committee and the NTCA, the forest department led an inspection on January 22 and found out that the construction activities have taken place in complete violation of the Supreme Court’s orders.”

On behalf of the state of Uttarakhand, Dr. Abhishek Atrey explained that such a novel feature would boost jungle tourism. He said, “Safaris are not just allowed in every state of the country, but all over the world.”

Before concluding, Parameshwar also informed the bench that “in the name of a safari”, 6,093 trees in the national park had been cut. “This is not an unofficial document. This number has been recorded by the Forest Survey of India.”

In addition to expressing their strong disapproval of the practise of building animal enclosures or "zoos" inside these protected forests, Justice Gavai issued a temporary injunction on further construction activities within the core areas of national parks, wildlife sanctuaries, and tiger reserves after hearing the arguments made by the attorneys.

Case Title: In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. 
Citation: Writ Petition (Civil) No. 202 of 1995