The Supreme Court on Wednesday made stern observations against former Uttarakhand forest minister Harak Singh Rawat and then divisional forest officer (DFO) Kishan Chand for illegal felling of trees and illegal construction carried out in the Corbett Tiger Reserve.
A bench headed by Justice BR Gavai said, “It appears that the then Forest Minister and Kishan Chand had completely forgotten about the ‘Public Trust’ doctrine.”
It said that the executive cannot abdicate the natural resources and convert them into private ownership or for commercial use.
The bench, also comprising Justices Prashant Kumar Mishra and Sandeep Mehta, said that the then Forest Minister and DFO considered them to be the law unto themselves.
It said, “They have, in blatant disregard of the law and for commercial purposes, indulged in the illicit felling of trees on a mass-scale to construct buildings on the pretext of promotion of tourism. This is a classic case that shows how the politicians and the bureaucrats have thrown the public trust doctrine in the dustbin.”
The apex court noted that though Kishan Chand was found to have been involved in serious irregularities at his earlier postings, the then Forest Minister inserted his name in the proposal relating to transfer and postings at a sensitive post.
“Not only that, even after the NTCA (National Tiger Conservation Authority) found Kishan Chand involved in serious irregularities, and the Secretary (Forests) recommended placing him under suspension, the then Forest Minister has not only overruled the recommendation of the Secretary (Forest) for suspension but also justified his proposed posting to the Lansdowne Division. It was only after the then Forest Minister demitted his office, that Kishan Chand could be put under suspension,” said the top court in its verdict.
It added that a “nexus” between a politician and a forest officer has resulted in causing heavy damage to the environment for some political and commercial gain.
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“We are amazed at the audacity of the then Forest Minister and the DFO in giving a total go-bye to the statutory provisions,” it said, adding that it does not propose to comment any further since the matter is pending investigation by the CBI.
Directing the CBI to effectively investigate the matter, the Supreme Court decided to keep the proceedings pending to monitor the investigation.
“The CBI shall submit a report to this court within a period of three months from today… Uttarakhand is directed to complete the disciplinary proceedings against the delinquent officers as expeditiously as possible and in any case, within a period of six months from today. The status report in this regard shall be submitted to this court within a period of three months from today,” it said. (IANS)
