Institute of Legal and Management Studies

The Supreme Court has strongly criticised the Uttarakhand High Court for entertaining a plea and staying a sanction order that was passed during the pendency of proceedings before the apex court concerning illegal constructions and felling of trees in the Corbett Tiger Reserve.

“The High Court, no doubt, is a Constitutional Court and not inferior to this Court. However, in judicial matters, when this Court is seized of the matter, it is expected of the High Courts to keep their hands away,” the bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran observed while expressing its displeasure over the High Court's intervention.

The apex court, which has been monitoring the investigation by the Central Bureau of Investigation (CBI) into the alleged illegal constructions in Corbett, noted that it had earlier questioned the Uttarakhand Government for not granting sanction for prosecution. Following the Court's oral observations on September 8, 2025, the State granted sanction for prosecution against one officer on September 16, 2025.

However, that officer, identified as Rahul, Chief Conservator of Forests, later filed a writ petition before the Uttarakhand High Court challenging the sanction order. The High Court, on October 14, 2025, admitted the matter and stayed the operation of the sanction order.

Taking exception to this, the Supreme Court remarked that such a move “virtually amounts to interference” with its ongoing proceedings. “We are deeply perturbed by the approach of said Shri Rahul as well as the High Court of Uttarakhand,” the bench said, pointing out that the officer had been following the Supreme Court proceedings through video conferencing and was fully aware of the developments before approaching the High Court.

The Court noted that if the officer believed any of the observations or directions prejudiced him, he should have intervened in the proceedings before the apex court instead of filing a separate petition before the High Court.

Holding that the High Court ought to have refrained from entertaining the plea, the Supreme Court directed that the writ petition pending before the High Court be withdrawn and transferred to itself.

The Supreme Court also stayed the Uttarakhand High Court's order dated October 14, 2025, and issued a notice to Rahul to appear before it on November 11, 2025, and show cause as to why contempt proceedings should not be initiated against him.

The proceedings in the Supreme Court, taken as part of the TN Godavarman matter relating to forests, pertain to allegations of widespread illegal construction and tree felling inside the Corbett Tiger Reserve, for which the CBI has already registered an FIR and is submitting progress reports to the Supreme Court.

Cause Title: IN RE: T.N. GODAVARMAN THIRUMULPAD VERSUS UNION OF INDIA & ORS.

Citation : 2025 LiveLaw (SC) 1046

Click here to read/download the order