Collusion between U’khand minister, officer led to damage: Apex court

Supreme Court rules against eroding public trust for private gain, criticizes ex-minister Rawat for illegal tree felling in Corbett Tiger Reserve.

The Supreme Court ruled on Wednesday that environment and natural resources held in public trust cannot be eroded for private or commercial gain, slamming what it said was the “audacity” of the then Uttarakhand forest minister Harak Singh Rawat, who brought in forest officer Kishan Chand to illegally fell over 6,000 trees and make unauthorised construction for the Pakhrau tiger safari project at the Corbett Tiger Reserve before the project’s final layout was approved.

The court was hearing a petition by environmental activist Gaurav Kumar Bansal (ANI)

The court was hearing a petition by environmental activist Gaurav Kumar Bansal and its observations were based on the findings of a central empowered committee (CEC) it appointed.

Justice BR Gavai, heading the bench, termed it a “classic case” of neglecting public trust doctrine, stating, “This case illustrates how collusion between a politician and a forest officer resulted in significant environmental damage for political and commercial gain.”

The judgment noted, “The aesthetic use of natural resources cannot be eroded for private or commercial interests unless courts deem it necessary for public good.”

The court said Rawat and Chand “considered themselves above the law,” felling nearly 6,000 trees despite clearance for only 163 to construct buildings under the pretext of promoting tourism.

Rawat was part of the Bharatiya Janata Party (BJP) government at the time but was expelled from the party in 2022.

The CEC found Chand was posted at Kalagarh in September 2019 despite objections, and the minister overruled senior officers’ recommendations against his posting.

Relying on the same report, the court cited how the appointment of Chand, earlier accused of irregularities at Rajaji Tiger Reserve, was objected to by senior officers of the forest department, the vigilance department and the police department – and noted how Rawat overruled these concerns.

The bench said the “nexus” was evident since the minister overruled a recommendation by the secretary of forests in 2021 to suspend Chand over irregularities linked to him when he was posted at Kalagarh.

The CEC named the minister the “main architect”, with its report finding that concrete buildings were constructed instead of approved bamboo structures, and additional civil structures were erected without approval, escalating the budget from Rs.26.81 crores to Rs.102.11 crores.

The court, directing a committee to examine tiger safari guidelines, asked it to assess environmental damage and held the state liable to recover costs from delinquent officers, stating: “The executive cannot relinquish natural resources for private or commercial use under public trust doctrine.”

As the CBI investigates on the Uttarakhand High Court’s direction, the top court asked the agency to “effectively investigate” and kept proceedings pending to monitor the case