Today’s order (8.9.2025) passed by the Supreme Court is a major setback to the state government. However, the rap was well deserved. Mr Mukul Rohatgi, senior counsel appearing for the Goa government, was not in Court when the matter was called out. The Court took strong objection to the request and called his conduct “unfair to the Court” since the matter had been listed as “High on Board”. Matter was kept aside and taken up when Mr Rohatgi appeared in Court later. However, he then attempted to get an adjournment to Tuesday or Friday as he said he was not prepared as he did not know the matter was listed today and needed to be briefed and offered to pick up the expenses of the respondent (Goa Foundation) counsel. However, as the Court was not responsive and GF counsel pressed for the appeal to be heard, Mr Rohatgi commenced his arguments.
Mr Rohatgi began by arguing that the tiger reserve would take out 20% of Goa’s 3,700 sq km from human use, even though the tiger reserve was being carved out from the existing notified 5 wildlife sanctuaries and national park, and that no new area was being acquired for the purpose. He also referred to the fact that the minimum requirement for a tiger reserve was 1,000 sq km and that 15,000 families would have to be relocated, if the reserve were notified.
Ms Norma Alvares, senior counsel appearing for the Goa Foundation, impressed upon the Court that while the appeal was pending before the Court, the state government was already approving so-called eco-tourism commercial projects in the core zone of the proposed tiger reserve and that the GF had already approached the High Court to stop these projects. She also told the court that the areas for the proposed reserve were already notified as wildlife sanctuaries and national park [some as far back as 1967 and 1999/2000] and that not an inch of Goa’s land outside the existing Protected areas was to be notified as a Tiger Reserve as per the area already demarcated by the Forest Dept.
In response to the Court’s query as to whether any steps had been taken by the Forest Dept pursuant to the National Tiger Conservation Authority’s recommendation under Section 38 (V) to the State Govt to notify the Mhadei-Cotigao wildlife sanctuaries as Tiger Reserve, she pointed out that the State Govt had responded positively towards the recommendation and had demarcated 745.18 sq km as the Tiger Reserve, which is why the High Court had directed the State Govt to notify the TR within 3 months. (Fact: Out of the existing protected areas of Goa totaling 745.18 sq km, only 578.33 sq km is to be declared as tiger reserve core zone, and the rest as buffer zone, where no relocation is required).
On the extent of a tiger reserve, she said the National Tiger Conservation Authority’s recommendation is to result in a tiger reserve that combines the tiger reserve areas of Kali, and other sanctuaries in Karnataka and Maharashtra.
Ms Alvares also referred to Justice Gavai’s own 2024 judgment in the Corbett tiger reserve case on the importance of tiger reserves and tiger corridors, submitting that the state government really had no case.
The Court, after hearing counsel, directed the matter be referred to the Central Empowered Committee for a report, after hearing all parties. The report would be submitted to the court within six weeks, and be placed for orders after another two weeks thereafter on 15.11.2025, giving time to the parties to make submissions. In the meanwhile, the Court directed status quo to be maintained on all the areas proposed for the tiger reserve as per the high court’s order.
Senior Counsel Ms Norma Alvares was assisted by Advs. Sivagnanam Karthikeyan, Om D’Costa and Ira Mahajan.