The Supreme Court on Wednesday stressed to have a balanced view on the issue of plying of private buses within the core area of Jim Corbett National Park in Uttarakhand.
Justices B R Gavai and K V Viswanathan said the central empowered committee (CEC), which has recommended against the plying of private buses on the Pakhro-Moreghatti-Kalagarh-Ramnagar Forest road, should also think about the people residing there.
"You (CEC) have to take a very balanced view. You can't think only about the animals. You also have to think a bit about human beings also," the bench said.
The top court was hearing a petition against the national park's decision to allow a privately operated buses to ply within the core area of the tiger reserve.
The top court on February 18, 2021, stayed the implementation of the office letter issued by the national park on December 23, 2020, allowing the buses to ply within the core area.
The state of Uttarakhand previously informed the apex court the road traverses both the buffer and the core zone.
Of the total length of 53 kilometer, it said, 45 kilometer road fell within the buffer zone, while the remaining distance was within the core zone.
During the hearing on Wednesday, senior advocate K Parameshwar, assisting the top court as an amicus curiae, said the CEC filed its report in the matter.
The counsel appearing for Uttarakhand said an 18-seater bus had been plying there since 1986 and it was for the convenience of locals.
The amicus said the road was not objected to and only the commercial bus service was being opposed.
"Just have a practical view Mr Parameshwar. You can have 24-seater canters going into the core areas and not a 18-seater bus for the people who are residing there?" the bench asked.
The apex court suggested if the objection pertained to plying of private operator buses, it could direct for a state bus to run on the route.
The bench directed for copies of the CEC report to be supplied to the lawyers appearing for the state and the Centre while granting three weeks to them to file responses following which the hearing would take place.
While hearing the matter in July, the apex court underlined the need to balance the rights of all saying if there were villages, they would also require access.
The petitioner alleged that to provide wrongful gain to a private company, forest officials of the state allowed it to ply buses within the core area of the tiger reserve.
"Director, Corbett Tiger Reserve vide its office order dated December 23, 2020, has allowed buses of a private sector company to ply within the core area of Corbett Tiger Reserve, Uttarakhand," said the plea, filed by advocate Gaurav Kumar Bansal.
Section 38(O) of the Wildlife Protection Act, 1972, said the plea, provided that tiger reserves shall not be diverted for ecologically unsustainable uses, and if it was required, it was mandatory for state of Uttarakhand and its forest department officials to take approval from the National Board for Wildlife and on the advice of the National Tiger Conservation Authority.
The petitioner, therefore, sought quashing of the order of the national park's director.
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