Mhadei Tiger Reserve: Supreme Court orders status quo; calls for CEC report
The Supreme Court today ordered status quo on the Mhadei-Kotigaon area in Goa being notified by National Tiger Conservation Authority as a Tiger reserve.
A bench of CJI BR Gavai, Justice K Vinod Chandran and Justice Atul S Chandurkar has asked a central empowered committee to hear stakeholders in the matter and submit a report to the Supreme Court in six weeks.
In September 2023, the Supreme Court had issued notice on a SLP filed against the Bombay High Court order directing the Goa government to declare MHADEI Wildlife Sanctuary as a tiger reserve within 3 months.
The High Court's Goa bench had issued said direction in a plea seeking directions to the government to notify Mhadei Wild Life Sanctuary and other areas as a “tiger reserve” under Chapter IV-B of the Wild Life (Protection) Act, 1972 (WLPA). Quoting Mahabharata, the High Court had said, "If there is no forest, then the tiger gets killed; if there is no tiger, then the forest gets destroyed. Hence, the tiger protects the forest and the forest guards the tiger!".
In 2011, the Central Government and the National Tiger Conservation Authority (NTCA) made multiple requests to the State of Goa to notify Mhadei Wildlife Sanctuary (WLS) and certain other adjacent areas as a tiger reserve. However, despite these appeals, the state government did not take any action.
In January 2020, after a tragic incident where a tigress and her three cubs died due to poisoning in the Mhadei WLS, the petitioner and other environmentalists brought this matter to the forefront. Despite their efforts, the state government remained inactive.
Consequently, the petitioner, Goa Foundation, approached the high court to address this issue and seek necessary action regarding the designation of the Mhadei WLS and its contiguous areas as a tiger reserve.
Advocate Norman Alvares, representing the petitioners, strongly argued that the State's disregard for the Union Environment Minister's letter dated 28.06.2011 regarding the notification of Mhadei WLS and other contiguous areas as a tiger reserve was unjustifiable. She emphasized that the repeated recommendations made by the National Tiger Conservation Authority (NTCA), starting from the communication dated 31.03.2016, were legally binding on the State Government under Section 38-V (1) of the Wild Life Protection Act (WLPA).
The bench while agreeing with the arguments of the petitioner observed that "Therefore, based upon provisions of the Constitution of India and the WLPA, we cannot allow the tiger, which is a national animal, to fall into a death trap. On the conspectus of material on record, the legal and constitutional scheme and repeated recommendations of the NTCA, a mandamus is liable to be issued to the State of Goa to notify the Mhadei WLS and other areas referred by the NTCA as a tiger reserve in compliance with the mandate of Section 38-V(1) of the WLPA,"
The division bench also directed the government to set up anti-poaching camps at strategic locations to be staffed by forest guards, watchers, etc., in the WLS and National Parks in the State of Goa within 6 months. The high court in its order observed that the presence of tigers in the forest is an indicator of the well-being of the ecosystem.
"The tiger is a unique animal which plays a pivotal role in the health and diversity of an ecosystem. It is a top predator at the apex of the food chain. Therefore, the presence of tigers in the forest is an indicator of the well-being of the ecosystem. Protection of tigers in forests protects the habitats of several other species. Indirect benefits of preserving a tiger include several ecosystem services like protection of rivers and other water sources, prevention of soil erosion and improvement of ecological services like pollination, water table retention etc. Conversely, the absence of this top predator indicates that its ecosystem is not sufficiently protected," the bench observed.
Further, the high court asked the state government to take emergent steps to ensure that there are no encroachments in the protected forest areas like WLS and National Parks pending notification of the tiger reserve, and even after that.
Case Title: The State of Goa Through Chief Secretary vs. The Goa Foundation and Ors
Hearing Date: September 8, 2025
Bench: CJI Gavai. Justice Chandran and Chandurkar