No safari in core/critical tiger habitat area, says SC; orders Uttarakhand govt to restore damage to Jim Corbett

The Supreme Court on Monday said that there can be no Tiger Safari in the core or critical tiger habitat area as it ordered the Uttarakhand Government to undertake restoration measures to undo the damage, including felling of trees and illegal constructions, in the Jim Corbett Tiger Reserve.

“It is categorically held that Tiger Safari shall not be permitted in the core or a critical tiger habitat area. Tiger Safari shall be established on ‘non-forest land’ or ‘degraded forest land’ in the buffer area provided that is not part of a tiger corridor. Tiger Safari shall be allowed only in association with a full-fledged rescue and rehabilitation centre for tigers where conflict animals, injured animals or abandoned animals are housed for care and rehabilitation,” a Bench led by CJI BR Gavai said.

“These Tiger Safaris shall be subject to the conditions and restrictions mentioned in the Report of the Expert Committee,” said the Bench, which also included Justice AG Masih and Justice AS Chandurkar.

Accepting the expert committee’s recommendations with regards to guidelines for Tiger Safaris, the top court directed that Tiger Safaris may be established and run with due consideration of the ‘Guidelines to Establish Tiger Safari in Buffer and Fringe Areas of Tiger Reserves 2019’ issued by the National Tiger Conservation Authority (NTCA).

The top court said its directions in the TN Godavarman case regarding the sourcing of animals must be strictly adhered to. Only rescued or conflict animals from the tiger reserve — or from the same landscape — should be housed in the Tiger Safari Rescue Centre. Such a centre, established in conjunction with a Tiger Safari, must provide essential veterinary support to such facility and help in treatment/care of captured animals. The Tiger Safari should be under the management control of the Field Director of the Tiger Reserve concerned with supervision of the Chief Wildlife Warden, it ordered.

The Bench directed that earnings should be ploughed back through the Tiger Conservation Foundations concerned.

Design considerations should be such that there is no scope for interaction between in-situ and ex-situ populations; enclosure design must be approved by the CZA and carrying capacity norms should be developed, it said.

Solar/hybrid/electric vehicles to be promoted and number of vehicles also must be regulated; and strict zero discharge of waste water to be permitted from safaris, it added.

The Bench also directed the Chief Wildlife Warden to work in consultation with the court-appointed Central Empowered Committee (CEC) to ensure demolition of all unauthorised structures in three months.

“We find that it will be in the interest of justice that the State of Uttarakhand is directed to restore the ecological damage caused to the Corbett Tiger Reserve under the supervision, guidance and control of the CEC. Needless to say that the Field Director shall periodically report to the CEC with regard to the restoration and the restoration work would be carried to the satisfaction of the CEC,” the Bench said.

The top court directed the Chief Wildlife Warden, Uttarakhand, in consultation with the CEC, to submit a plan for the restoration of the Corbett Tiger Reserve in line with the recommendations made by the Expert Committee, within two months and begin all clearing/demolition of unauthorised construction as identified by the Expert Committee, before the lapse of three months from the date of this judgment; and file a compliance affidavit within one year from the date of this judgment.

“In relation to Corbett Tiger Reserve, the CEC will monitor and supervise the implementation of the ecological restoration plan developed by the State of Uttarakhand. While developing and implementing this plan and carrying out afforestation, the State of Uttarakhand must ensure that only native and indigenous species are identified, with special care to not introduce any alien species to the ecosystem,” it said.

It directed the MoEF&CC as well as the various state governments to take necessary steps by notifying rules and/or by issuing memorandums or circulars for implementing the directions and recommendations issued by it within a period of 6 months from the date of this judgment.

Regarding Eco-Sensitive Zones, the Bench said there will be a complete ban on mining activities within a distance of 1 km from a tiger habitat or buffer area, or the notified ESZ (whichever is larger).

It said: “New eco-friendly resorts may be allowed in buffer but shall not be allowed in an identified corridor; homestays and community-managed establishments should be encouraged and incentives should also be given to them; zero waste practices should be made mandatory; use of mobile phones within tourism zones of the core habitat of tiger reserves should not be permitted.”