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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, CJ, BASANT BALAJI, J
Angels Nair – Appellant
Versus
Principal Secretary, Forest And Wildlife Department – Respondent
| Table of Content |
|---|
| 1. examination of permissions for commercial film shooting in protected areas. (Para 1 , 9 , 10) |
| 2. petitioner's challenge against environmental damage due to film shooting. (Para 2 , 3 , 5) |
| 3. government order's intent and its implications on wildlife protection. (Para 4 , 20 , 21) |
| 4. court's declaration on the invalidity of the government order. (Para 22 , 23) |
JUDGMENT :
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 .
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 K
Commercial film shooting in protected areas requires statutory backing, which the existing Government Order lacks, violating wildlife protection laws.
The establishment of a Tiger Safari in buffer zones is permissible under the Wild Life (Protection) Act, provided it adheres to ecological and statutory guidelines, emphasizing the public trust doctr....
The court ruled that provisions of the Kerala Forest Act restricting capture of wild elephants violate the fundamental rights of landowners, being expropriatory without compensation and lacking reaso....
Criminal proceedings cannot commence without a valid complaint as required by Section 55 of the Wildlife (Protection) Act, rendering any prosecution based solely on a FIR legally unsustainable.
Lands cannot be classified as forest unless legally notified and proper procedures followed, invalidating requirements for governmental approval for non-forest activities.
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 court upheld the state's authority to declare a wildlife sanctuary despite claims of traditional rights not being substantiated.
Point of law: Forest Land - doctrine of Public Trust is applicable to India. The doctrine of Public Trust requires the State to ensure that forests are protected
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 autho....
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