IMPORTANT POINT
The main legal point established in the judgment is the need to ensure the protection of wildlife and the environment in wildlife sanctuaries, emphasizing the restrictions on entry, the duty of authorities to ensure safety and security of wild animals, and the application of the precautionary principle in environmental protection.

JUDGMENT

Jasmeet Singh, J. - This writ petition is filed seeking the removal of illegal and unauthorised encroachment in the reserved and notified forest land on the Aravalli hill range in village Asola, Delhi which forms part of the Southern Ridge.

2. The learned Amici Curiae has moved a note apprising the court and raised their concerns over proposed events at the Asola Bhatti Wildlife Sanctuary (hereinafter referred to as the Sanctuary) by the Department of Forest on 9th and 10th December 2023, namely 'Walk with Wildlife,' which is to include a Walkathon, a Cyclothon, a half marathon and 'Jungle on Wheels' to be conducted over a stretch of 16 kms. However subsequently, I am informed that the event is restricted to a Walkathon and a Cyclothon.

3. The learned Amici Curiae submit that the samecannot be permitted since it is not only violative of the orders of this court and the Hon'ble Supreme Court but also in violation of the Indian Forest Act, 1927, the Wildlife (Protection) Act, 1972 and the Forest Conservation Act, 1980.

4. The same is refuted by Mr. Satyakam, learned ASC for the Department of Forest and Wildlife on the ground that the event will be taken up in the Eco-Sensitive Zone of Asola Bhatti Wildlife Sanctuary. The said activity would be undertaken to promote awareness and appreciation of the Sanctuary amongst the residents of Delhi-NCR. It would be waste-neutral and no noise would be generated. He brings the court's attention to section 28 of the Wildlife (Protection) Act, 1972 wherein permission can be granted to people under certain circumstances to enter or reside in a sanctuary. It reads, inter-alia, as under:-

'28. Grant of permit.-(1) The Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely:-

(a) investigation or study of wild life and purposes ancillary or incidental thereto;

(b) photography;

(c) scientific research;

(d) tourism;

(e) transaction of lawful business with any person residing in the sanctuary.

(2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed.'

5. He further states tourism in the sanctuary has always been envisaged. He places reliance on the Management Plan of Asola Bhatti Wildlife Sanctuary 2015-2015 to 2024-25 prepared by the Resource Survey and Management Division, Forest Research Institute, Dehradun (hereinafter referred to as the Management Plan) wherein Chapter 7 is titled as 'Tourism, Interpretation and Conservation Education.' It reads as under:-

'7.1 General

Wilderness recreation is an important value and has an important role in support of management. It can directly benefit the cause of conservation as tourism can expose diverse categories of tourists to the process of conservation education which is best achieved in the field. Conservation education and nature interpretation are therefore integral to wildlife tourism. However, tourism can also generate pressures that can adversely affect the PA and create administrative problems.

Tourism, therefore, can be allowed inside the sanctuary on a limited and regulated basis provided it does not cause disturbance to the environment, wildlife and its habitat. It is emphasized that although conservation and protection of natural resources and wildlife should be the main aim but environmentally responsible travel and regulated visitation should also be allowed. It is important to educate people about the biodiversity and conservation while also building mass support through them by enhancing visitor's experience. Thus wildlife tourism is a growing concern which has already established its usefulness in the overall objective of conservation.

7.2 Objective

i. Educate people about the biodiversity/ wildlife and need for their conservation.

ii. Create awareness amongst a larger section of the society and gather public support,

iii. Improve quality of educational recreation and