When the applicant’s counsel requested a status quo order, the bench stated that if the construction was found to violate any laws or court directions, demolition could be ordered. However, if no violations were detected, the application might be dismissed with a penalty of Rs10 lakh.
New Delhi: The Supreme Court on Friday (20th Dec) observed that a plea alleging illegal construction and tree felling near Uttarakhand’s Rajaji National Park appeared to be “prima facie sponsored.”
The bench, comprising Justices B R Gavai and K V Viswanathan, made the remark after the Uttarakhand government’s counsel stated that an inspection revealed the land in question was private property.
The state’s counsel further argued that the applicant had failed to include the landowner as a respondent in the plea. Agreeing to examine the matter, the bench directed the applicant to add the landowner as a respondent and provide a copy of the application to the advocate assisting the court as amicus curiae.
The hearing was scheduled for three weeks later.
When the applicant’s counsel requested a status quo order, the bench stated that if the construction was found to violate any laws or court directions, demolition could be ordered. However, if no violations were detected, the application might be dismissed with a penalty of Rs10 lakh.
The bench emphasized, “Nobody can be allowed to misuse the jurisdiction of the top court. Prima facie, it appears to be a sponsored petition.”
The state’s counsel explained that the applicant had lodged complaints about illegal construction, prompting authorities to form a committee for inspection.
The inspection found the land was private property housing a naturopathy center, or “prakritik chikitsa kendra,” with porta cabin cottages under construction. The applicant’s counsel, however, alleged extensive illegal construction and tree felling near the national park.
Earlier, The Supreme Court, referencing a report, noted that the Laldhang-Chillarkhal Road is being constructed within the buffer zone of the Rajaji Tiger Reserve, without statutory approvals from the National Board for Wildlife and in violation of the Wildlife (Protection) Act, 1972, and the Forest (Conservation) Act. The bench observed that the road traverses a critical corridor between the Rajaji and Corbett Tiger Reserves.
It highlighted the absence of advice from the National Tiger Conservation Authority (NTCA) and permission from the standing committee of the National Board for Wildlife, along with multiple breaches of the Forest Conservation Act. Consequently, the court ordered an immediate halt to further construction.
The report, filed by the Central Empowered Committee (CEC), followed a plea by wildlife activist Rohit Choudhury seeking a stay on the construction of roads, bridges, and culverts on the Laldhang-Chillarkhal Road.
The plea argued that these constructions violate the Wildlife (Protection) Act and the Forest (Conservation) Act, and sought the dismantling of illegal structures and accountability for the officials who permitted such activities. It also demanded exemplary ecological costs from the Uttarakhand government for damaging the critical wildlife corridor.
Previously, the National Green Tribunal (NGT) had established a committee comprising representatives from departments such as wildlife and PWD to provide a factual report on the alleged unauthorized road construction within the ecologically sensitive Rajaji Tiger Reserve. The tribunal’s action stemmed from a petition by advocate Gaurav Kumar Bansal, who raised concerns about the road’s potential harm to the reserve’s biodiversity and ecological resources.
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