IN RE : T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.

IN RE : T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.

NTCA guidelines of 2012 and 2016 permitting establishment of Tiger Safaris in buffer/fringe areas for specified conservation purposes (rehabilitation/display of injured, conflict or orphaned tigers unfit for re-wilding) are prima facie valid; the 2019 NTCA provision permitting sourcing animals from zoos and vesting final selection authority in CZA departs from conservation purpose and is contrary to the scheme of Chapter IVB of the WLP Act and is quashed to that extent. Establishment of a Tiger Safari is impermissible in core/critical tiger habitat without National Board approval but permissible in buffer/peripheral areas subject to TCP and NTCA norms. On the facts, Pakhrau Tiger Safari...

Parties
Petitioner: T.N. Godavarman Thirumulpad; Respondent: Union of India & Ors.; Applicant in Person: Gaurav Kumar Bansal; Respondent: State of Uttarakhand
Jurisdiction
India
Judgment Date
06 March 2024
Procedural Posture
Writ Petition (civil) No.202 of 1995 (under Article 32) / Interlocutory Application I.a. No.20650 of 2023 (hearing and Order Issued 06 March 2024)
Outcome
Interlocutory application disposed with directions: Pakhrau Tiger Safari permitted to continue subject to conditions; directions issued for appointment of a multi-agency Committee, remedial restoration, investigation and monitoring; proceedings kept pending.
Legal Topics
Tiger Safaris, Zoos, Public Trust Doctrine, Ecological Restitution, Ntca/cza Guidelines, Forest (conservation) Act Clearances
Wildlife Protection Environmental Law Forest Law Administrative Law Tiger Safaris Zoos Public Trust Doctrine Ecological Restitution +2 more

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Parties

T.N. Godavarman Thirumulpad

Petitioner

Union of India & Ors.

Respondent

Gaurav Kumar Bansal

Applicant in Person

State of Uttarakhand

Respondent

Procedural Posture

Writ Petition (civil) No.202 of 1995 (under Article 32) / Interlocutory Application I.a. No.20650 of 2023 (hearing and Order Issued 06 March 2024)

Legal Issues

  1. 1 Whether Tiger Safaris and zoos stand on the same footing
  2. 2 Legality of establishment of Tiger Safari at Pakhrau in Corbett Tiger Reserve
  3. 3 Alleged illegal construction and illegal felling of trees in Corbett Tiger Reserve

Ratio Decidendi

NTCA guidelines of 2012 and 2016 permitting establishment of Tiger Safaris in buffer/fringe areas for specified conservation purposes (rehabilitation/display of injured, conflict or orphaned tigers unfit for re-wilding) are prima facie valid; the 2019 NTCA provision permitting sourcing animals from zoos and vesting final selection authority in CZA departs from conservation purpose and is contrary to the scheme of Chapter IVB of the WLP Act and is quashed to that extent. Establishment of a Tiger Safari is impermissible in core/critical tiger habitat without National Board approval but permissible in buffer/peripheral areas subject to TCP and NTCA norms. On the facts, Pakhrau Tiger Safari...

Court Disposition

Interlocutory application disposed with directions: Pakhrau Tiger Safari permitted to continue subject to conditions; directions issued for appointment of a multi-agency Committee, remedial restoration, investigation and monitoring; proceedings kept pending.

Orders

  • Existing safaris and the one under construction at Pakhrau shall not be disturbed; State of Uttarakhand to relocate or establish a rescue centre in vicinity of Pakhrau Safari and follow 2016 Guidelines for construction and maintenance (para 161.A, 113-114)
  • MoEF&CC to appoint a Committee comprising a representative each of NTCA, WII, CEC and a MoEF&CC Joint Secretary as Member Secretary (Committee may co-opt CZA and other experts) (para 161.B)