New Delhi: The Supreme Court has issued a slew of directions to prohibit tiger safaris in the core or critical tiger habitat.
A three-judge bench led by Chief Justice of India (CJI) B.R.Gavai ordered Monday that tiger safaris shall be strictly established on “non-forest land” or “degraded forest land” provided it is not part of tiger corridor.
While directing all states to notify the buffer and core areas of the tiger reserve within six months, the bench ordered them to also notify eco-sensitive zones (ESZs) around all tiger reserves, including buffer and fringe areas, no later than one year from the date of judgement. Directions were also given to prepare a Tiger Conservation Plan (TCP) within three months.
Quoting statistics, the bench noted that from nine tiger reserves (spanning 18,278 km) in 1973, the expanse of Project Tiger has increased to 51 reserves (covering 72,749 km), in over 18 states.
The court was dealing with a PIL by an advocate, Gaurav Kumar Bansal, complaining about the various violations at the Corbett reserve for commercial exploitation in the name of tourism.
The bench said tiger safari shall be allowed only in association with a full-fledged rescue and rehabilitation centre for tigers where conflict, injured or abandoned animals are housed for care and rehabilitation. Only rescued and/or conflict animals from the tiger reserve or from the same landscape should be housed in the tiger safaris, it added.
It further mandated that a rescue centre should be established in conjunction with such a tiger safari that shall provide essential veterinary support to such a facility and help in treatment or care of captured animals. Only solar/hybrid or electric vehicles should be operated, it said, adding the vehicles must be regulated.
The National Tiger Conservation Authority (NTCA), it said, shall monitor the TCPs are put in place and whether the Steering Committees have been meeting at least twice a year.
Further, the Supreme Court suggested the states to actively consider classifying human-wildlife conflict as “natural disaster” and to ensure payment of Rs 10 lakh as ex gratia for every human death caused in such incidents.
Advocating a uniform compensation mechanism, the court said this is mandatory, as fixed by the Ministry of Environment, Forest and Climate Change under the CSS Integrated Development of Wildlife Habitats scheme.
Directing the NTCA to frame model guidelines on human-wildlife conflict within six months, it allowed the authority to consult the states and SC-appointed Central Empowered Committee during the drafting process. It fixed a six-month timeline for the states to implement the guidelines.
Uttar Pradesh has already notified the human-wildlife conflict as a natural disaster, it said, asking other states to positively consider adopting the same approach. Such classification would enable faster disbursal of funds, immediate access to disaster management resources and clearer administrative accountability.
The court enlisted the prohibited activities in the buffer and fringe areas of a tiger reserve and banned commercial mining, setting up of saw mills, industries causing pollution, establishment of major hydroelectric projects and activities related to tourism such as overflying the tiger reserves by low-flying aircraft (including drones and hot air balloons).
The minimum height of any aircraft shall be at a level which is at least 300 m above the highest obstacle located within 8 km of the estimated position of the aircraft, the court said.
It, however, allowed some regulated activities such as establishment of hotels and resorts as per approved tourism prescriptions, commercial use of natural water resources including ground water harvesting, fencing of premises of hotels and lodges, widening of roads and movement of vehicular traffic at night.
Specific set of directions were issued to restore the Corbett Tiger Reserve where illegal constructions, roadworks and tree felling took place during the establishment of the Pakhrau Tiger Safari. Accepting the recommendations of the Expert Committee, constituted on top court’s orders in March 2024, the bench directed the Uttarakhand government to begin demolition of all unauthorised structures within three months and to file a compliance affidavit within one year.
The top court directed the Uttarakhand Chief Wildlife Warden, in consultation with the Central Empowered Committee, to submit a comprehensive restoration plan within two months. It emphasised that the restoration must follow the Expert Committee’s methodology, including removal of above-ground constructions, excavation of hard pan material, restoration of hydrological flows and plantation using only native species.
(Edited by Tony Rai)
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