Back
2021 Supreme(Ker) 988
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.Manikumar, Shaji P.Chaly, JJ.
Mohanan T.R. And Ors. – Petitioners
Versus
Wayanad Prakrithi Samrakshana Samithi, Represented Its President N.Badusha And Ors. – Respondents
I.A.No.6 of 2020 in W.P.(C)No.35064 of 2018(S)
Decided On : 24-03-2021
For the Petitioner:M/S.Santhosh Mathew, Arun Thomas, Jennis Stephen, Vijay V.Paul, Karthika Maria, Veena Raveendran & Anil Sebastian Pulickel, Advocates
For the Respondent:Sri.M.P.Prakash, Sri.Ranjith Thampan, Additional Advocate General & Smt.C.G.Preetha, Central Government Counsel
The central legal point established in the judgment is the significance of obtaining prior approval under the Forest (Conservation) Act, 1980 for conducting Ecotourism activities in forest areas, and the impact of such activities on the environment and wildlife sanctuaries.
Headnote:
Ecotourism - Forest Conservation - Forest (Conservation) Act, 1980 - The court discussed the approval of Ecotourism activities in the South Wayanad Forest Division under the Forest (Conservation) Act, 1980. The court highlighted the conditions imposed by the Ministry of Environment & Forests for conducting Ecotourism activities and the implications of the approval on the interim order passed by the court.
Fact of the Case:
The writ petition was filed by a voluntary organization seeking a command to the State Government to frame State level Ecotourism strategy and to quash certain orders related to the increase in the number of visitors to an Ecotourism site. The State Government sought to vacate the interim order passed by the court, based on the approval granted by the Ministry of Environment & Forests for Ecotourism activities.
Finding of the Court:
The court found that the approval granted by the Ministry of Environment & Forests enabled the State Government to conduct Ecotourism activities in the areas covered by the disputed orders. The court modified the interim order and allowed the State Government to carry out Ecotourism, subject to the conditions specified in the approval order.
Issues: The main issue was the legality of conducting Ecotourism activities in the forest area without prior approval under the Forest (Conservation) Act, 1980. The court also considered the impact of Ecotourism on the environment and wildlife sanctuaries.
Ratio Decidendi: The court's decision was based on the approval granted by the Ministry of Environment & Forests, which imposed stringent conditions to protect the environment and conservation of the forest area. The court emphasized the need for strict implementation of the conditions and government orders to protect the environment and forests.
Final Decision: The court vacated the interim order and permitted the State Government to conduct Ecotourism activities in the specified areas, subject to the conditions in the approval order. The court directed strict implementation of the conditions and government orders to protect the environment and forests.
ORDER :
Shaji P.Chaly, J.
The aforesaid application is filed by respondents 1 to 5 in the writ petition ie. State and its officials seeking to vacate the interim order passed by a learned Division Bench of this court on 22.3.2019 since the Ministry of Environment, Forest & Climate Change, Union of India has granted sanction for Ecotourism activity and included in the working plan for South Wayanad Division under the Forest (Conservation) Act, 1980.
2. The writ petition is filed by the 1st respondent in the application ie. Wayanad Prakrithi Samrakshana Samithi, which is a registered voluntary organisation working in the field of environmental conservation seeking a command to the State Government to frame State level Ecotourism strategy in terms of Exhibit P1 guidelines issued by the Government of India, Ministry of Environment & Forests dated 2.6.2011 within a time frame to be fixed by this court; and to quash the records leading to Exhibits P10 and P11 proceedings of the Additional Principal Chief Conservator of Forests dated 7.5.2018 and order of the Principal Secretary, Forest & Wildlife Department, Government of Kerala dated 11.8.2018. As per Exhibit P10 proceedings, the Additional Principal Chief Conservator of Forests considered the issue with respect to the complaint in regard to the restriction made to the daily visitors to the Kuruva Island, Wayanad District, as 400 persons per day. Accordingly, a report was sought for from the Divisional Forest Officer, who has reported that the area of footpath used by the visitors as 950m x 3m = 2850m2. But it was found that the actual area used by the tourists in Kuruva Island includes some portion of the river bank and three small Islets which area comes to 2540m2 and hence the total area used by tourists comes to 5390m2. It was also stated in the order that as Chethaleyam Range is not involved in the Ecotourism activities at Kuruva, the correction factor for staff availability has to be 1.0. Therefore, the carrying capacity was recalculated with the help of the aforesaid formula and found to be 998 and therefore, the Additional Principal Chief Conservator of Forests, Northern Range, in his report has recommended to increase the daily number of visitors from the existing 400 to 1000 per day. Taking into account the above factors, it was decided to increase the visitors to 950 per day temporarily which was ordered to be followed till a scientific study of carrying capacity is completed. It was further ordered that as there are two entrances for the Kuruva Island, 475 tourists from each side shall be allowed to enter to the Ecotourism site daily when the site is opened for tourists.
3. While the orders stood so, apparently on the basis of the report of the District Collector, Wayanad dated 9.5.2018, in regard to daily ceiling of 950 visitors and the protest thereto, the matter was taken up by the Principal Secretary, Forest & Wildlife Department, Government of Kerala and Exhibit P11 order was passed affirming Exhibit P10 order to permit 950 persons per day. However, the Divisional Forest Officer was permitted to increase the entry of visitors if necessary subject to local factors up to an additional 100 persons per day which was ordered to be purely temporary and was to continue till the area closes down for the monsoon and subsequently, entry will be restricted to the carrying capacity arrived at through the comprehensive study being undertaken. According to the writ petitioner, the permission so granted by the State Forest Department is not legally correct since Ecotourism is a non-forest activity which cannot be carried on in a forest area without securing prior clearance as is provided under Section 2 of the Forest (Conservation) Act, 1980. That apart, it is contended that as per the National Forest Policy, 1988 and the Forest (Conservation) Rules, 1980, working plan of each Forest Division has to be approved by the Ministry of Environment & Forests. Therefore, according to the wri
