Point of Law: Environmental Law - Forest Area - Customary right - No religious community has an unbridled right to conduct pilgrimage to any place inside a Reserve Forest land - If any group of people forcibly enter any Reserve Forest Area and construct any structures unauthorisedly, such structures are liable to be removed by the Forest Authorities in accordance with law.

JUDGMENT :

The 1st petitioner in WP(C) No.29279/2017 belongs to a Tribal community and the 2nd petitioner is an Environmentalist. They have filed the writ petition seeking to notify Paruthippally Reserve Forest/Peppara Wildlife Sanctuary and adjoining areas for the purpose of Section 3 of the Forest Rights Act, 2006 and to command the respondents to implement Ext.P2 forthwith.

2. The petitioner in WP(C) No.9997/2018 is the Rector of Bonacaud Pilgrim Centre at Vithura where Bonacaud Kurishumala is situated. The petitioner seeks to direct respondents 1 to 5 to see that no obstruction is caused by respondents 6 and 7 or any other persons while re-installing the Holy Cross and while offering prayers in Amalolbhava Matha Latin Catholic Church in Bonacaud Tea Estate. A declaration is also sought to declare that the Bonacaud Pilgrim Centre has customary right to conduct religious rites at Bonacaud Kurishumala and right to install Holy Cross.

3. The petitioners in WP(C) No.29279/2017 state that the Bonacaud Forest Area is declared as “Peppara wildlife Sanctuary” by a notification dated 21.12.1983 under section 18 of the Wildlife Protection Act, 1972. The area falls as a Reserve Forest and was declared so during the period of Diwan of Travancore. From the year 2013-14 onwards, the 8th respondent who is a Vicar and few miscreants were trying to encroach into the Bonacaud Forest by constructing crosses at various locations in the forest land. They named 'Karichatti Motta' forest area as 'Kurishumala' for the last few years.

4. The petitioners would contend that Forest Range Officers colluded with the 8th respondent permitting construction of an 'Althaara' inside forest land. The petitioners would further state that the present Forest Range Officer issued Ext.P8 notice requiring the 8th respondent to remove encroachment. There was stiff resistance from 8th respondent and other miscreants and the Forest Officials sought assistance of 6th respondent-Tahsildar. The Vigilance Wing of Forest Department in Ext.P4 found that five concrete crosses and 'Althaara' were constructed upto 95% and Forest Officials failed to prevent the illegal construction. The Vigilance Wing recommended disciplinary proceedings against such officials.

5. The 4th respondent-Forest Range Officer issued a letter to the Deputy Superintendent of Police seeking protection and assistance for removal of encroachments to be conducted on 12.08.2017. On that day, with the police assistance, majority of the constructions were removed. However, there are repeated attempts to resurrect the illegal constructions. The petitioners alerted the Forest Authorities about this. Petitioners would submit that the tribal people have a right to collect minor forest produces from the locality. The construction of 'Althaara' and concrete crosses and converting the area as a pilgrimage centre, would deprive the tribals of their livelihood. The respondents are therefore compellable to stop construction of new crosses in the areas falling in Reserve Forest/Peppara Wildlife Sanctuary.

6. The petitioner in WP(C) No.9997/2018 stated that Bonacaud Kurishumala is a well-known Pilgrim Centre which was started in the year 1957, when a Holy Cross was installed by Christian believers. Ever since, large number of people from Kerala and outside make their pilgrimage to the place where the cross was erected. The pilgrimage is on the 1st Friday of every month, 14th September the feast of Holy Cross and during lent season. There are records to show that festivals were being conducted at Bonacaud Kurishumala. The Church history edited by Sri. P. Devadas and published in the year 2009 would throw light into the history of Bonacaud Kurishumala. There is a religious place of Hindus in this area where idol of Lord Shiva is erected.

7. The petitioner states that except for conducting prayers, no other activities are carried on in the place where the Holy Cross stands. There are three places of worship in Marayoor division in