The Madhya Pradesh High Court has directed the State government to examine the issue raised in a PIL about construction of Tiger Safari within the buffer area of Pench Tiger Reserve without any approval and clearances by the concerned forest officials.
The court issued the directive while disposing of the PIL filed by a Bhopal based RTI activist Ajay Dubey.
The petitioner seeks the following reliefs :
“11.1 Issue an appropriate writ, order, or direction, in the
form of mandamus or any other appropriate writ directing
Respondent No.4 to implement the recommendations proposed by
the National Tiger Conservation Authority in its report tilted
“Recent mortality of tigers at the Pench Tiger Reserve, Madhya
Pradesh” and “Recent Mortality of Tigresses in and around
Bandhavgarh Tiger Reserve” in letter and spirit.
11.2 To further direct the respondent No.4 to take
appropriate criminal/departmental action against Respondent
No.5, 6 and 7 and other errant officials who acted in utmost
irresponsible and arbitrary way while authorizing the
construction of Tiger Safari within the buffer area of Pench Tiger
Reserve without any approval and clearances
In the PIL the state government is respondent no.4, the principal chief conservator of forest (wildlife) and Chief Wildlife Warden Forest Department through Jitendra Agrawal is respondent No. 5, Vinay Burman former chief executive officer MP Eco Tourism Board and Additional Principal Chief Conservator of Forest is respondent no. 6 and AP Shrivastav former principal secretary forest department MP government is respondent no.7.
A division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra said So far as the second prayer to direct the respondent No.4 to take appropriate criminal/departmental action against the respondent Nos. 5, 6 and 7 is concerned, the respondent No.4 is directed to examine the matter and thereafter to take a decision with regard to the same, the court order said.
The Deputy Advocate General appearing for the respondent No. 4 submits that as stated in his reply, the State intends to comply with the recommendations proposed by the National Tiger Conservation Authority in its report titled as “Recent mortality of tigers at the Pench Tiger Reserve, Madhya Pradesh” and “Recent Mortality of Tigresses in and around Bandhavgarh Tiger Reserve”, said the court order of November 29, 2022.The same will be complied with in letter and spirit, the deputy advocate general submitted.
“In case there is non-compliance in implementation of the recommendations, the petitioner is always at liberty to reopen the proceedings”, the court order said.
