Commercial film shooting in protected areas requires statutory backing, which the existing Government Order lacks, violating wildlife protection laws.

JUDGMENT :

Nitin Jamdar, C. J.

The issue in this appeal is about the grant of permission for commercial films and TV serials unrelated to the object of wild life protection and conservation in the protected areas under the Wild Life (Protection) Act, 1972 .

2. In 2019, a commercial movie outfit applied to the Divisional Forest Officer, Kasaragod, for permission to shoot a Malayalam commercial film “Unda” in Karadukka Section in the Kasaragod Forest Range. The Divisional Forest Officer granted permission for shooting the commercial film for fifteen days on condition that the team has to remit Rs.18,115/- per day as fees and Rs.18,115/- as security deposit.

3. The Petitioner in person filed W.P.(C) No.1645 of 2019 questioning the permission granted to the movie production house and to direct Forest Range Officer, Kasaragod, to take necessary deterrent action. According to the Petitioner extensive damage was caused to the forest area by the film unit, in order to facilitate the transport of equipment and actors for the film shooting. The Divisional Forest Officer stated that the application for a commercial film shooting in the forest range was granted in view of the Government Order issued by the Department of Forest, Government of Kerala dated 30 March 2013 and delegation of powers to the Divisional Forest Officers. The learned Single Judge concluded that permission was granted for film shooting violating the provisions of the Forest (Conservation) Act, 1980, the Wild Life (Protection) Act, 1972 , and other environmental laws, and that serious and irreparable damage was caused to the forest area due to the dumping of gravel and deposit of waste. The learned Single Judge disposed of W.P.(C) No.1645 of 2019 by judgment dated 17 June 2019, holding that it is the duty of the Central Government under the Forest (Conservation) Act, 1980, and directed that necessary enquiry and action should be taken in accordance with law within a period of four months.

4. Pursuant to the judgment dated 17 June 2019 in W.P.(C) No.1645 of 2019, the Ministry of Environment, Forest and Climate Change, Government of India, constituted an enquiry committee. The committee carried out a site visit on 6 August 2019. The Committee noted that the Divisional Forest Officer, Kasaragod, had permitted the construction of film sets and the bringing of soil without specifying the details, and had also permitted shooting beyond the specified period. The Committee noted that the State Government authorities appear to have permitted film shooting, as the request for film shooting is considered a service, and halting it midway would have economic implications for the private movie production house. The committee recommended that the State Government re-examine the Government Orders issued permitting film shooting.

5. The Petitioner then filed W.P.(C) No.7107 of 2020 on 3 March 2020, from which this appeal arises, and sought a fresh investigation and stringent measures to curb the activities, with other consequential reliefs. The learned Single Judge heard W.P.(C) No.7107 of 2020 filed by the Petitioner along with W.P.(C) No.7059 of 2020, filed by the Range Forest Officer. The learned Single Judge found that since necessary action had been taken pursuant to the report dated 19 August 2019, no further orders were required in W.P.(C) No.7107 of 2020 filed by the Petitioner. Regarding the petition filed by the range forest officer in respect of the notices, the learned Single Judge found that the report did not contain any specific direction to initiate disciplinary action against the Petitioner. Taking note o