The erection of a temporary set for film shooting, which is to remain on the location for a limited period and after which the land is to be restored to its original condition, does not amount to a non-forest purpose and therefore, does not require the prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.

R. JAYASIMHA BABU, J.

A childrens film titled “Raju Chacha” which is to be shot in and around a set erected on an area known as Schoolmund in the Wenlock Downs Reserve Forest in Ooty has become controversial and has resulted in these writ petitions, one by an environment group, which seeks to have the temporary set erected by the producer — Devgan Films, dismantled and the permission based on which the structure was erected cancelled and the other by the producer to set aside the order of cancellation made by the District Forest Officer on 10.12.1999 cancelling the permission which he had given in terms of the agreement dated 7.10.1989 permitting the producer to put up a temporary set over an area of 60 60? metres and to use a similar area around it in Schoolmund for the purpose of film shooting.

2. The records produced by the State show that the Producer Devgan Films had written to the Chief Conservator of Forests of the State on 31.8.1999 informing him of his intention to produce a Childrens Film called “Raja. Chacha” which was to be shot at Ooty. He sought the grant of a No Objection Certificate for shooting, setting/prcp work/rehearsal in North and South Ooty area for any

120 days between the 1 st of October, 1999 and 10th March 2000. On the same day a No Objection Certificate was issued “subject to the conditions to be laid down by Government and the District Forest Officer concerned”. Such certificate was granted by the Director of Information and Public Relations on the basis of the communication received by him from the Principal Chief Conservator of Forests, who had agreed to the grant of such No Objection Certificate. On the 6th of September 1999, the Chief Co-ordinator of the Producer wrote to the District Forest Officer of South Division, Ooty wherein after referring to the verbal t alks he had with the Officer, he informed the officer, inter alia , that for shooting the film, they., needed to “ construct a set (whose designs have been seen by your goodself)”. The Officer was also informed that the entire set was made in Mumbai and that it would be brought to the location and assembled there. The size of the set was to be 60 - 60 metres.

3. It was also mentioned in that letter that the Producer had initially planned on shooting the film in the Gulmarg area of Kashmir and that the set had also been made and was ready to go to location when the Kargil war broke and therefore, the shooting of the film had to be postponed. It was stated that the Producer had after going to Ooty and going round the places, had selected Schoolmund area as the right location for their set being the best alternative to the Gulmarg area of Kashmir. It was undertaken in that letter that the Producer would abide by the Rules and Regulations of the Forest Department and “use special technique of scaffolding construction to avoid any damage to the areas. The set will be 5 feet above the ground to conserve grass. “It was further stated in the letter that they would “return the location to you after the shooting, in the condition it is in the present state. The grass will be specially groomed and no holes will be dug”. It was further stated therein that “the set will be on nuts and bolts and as discussed, no steps would be taken without environment in mind”. It is evident from that letter that the District Forest Officer, who subsequently entered into the agreement with the Producer had seen the designs of the set and had been made aware of the kind of technique that would be employed in putting up the set.

4. Thereafter, the formal agreement was entered into between the Producer and the District Forest Officer, who executed that agreement “acting for and on behalf and by order and direction of the Governor of Tamil Nadu”. The agreement contains 19 conditions. After setting out those 19 conditions, the agreement sets out the following:.

“Permission is also granted for erection of a temporary set to the size of 60 m -60 m in Schoolmund ar