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2024 Supreme(UK) 257
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ritu Bahri, C.J., Rakesh Thapliyal, J.
Aali-Bedini-Bagzi Bugyal Sanrakshan Samiti - Applicant
Versus
State of Uttarakhand & others - Respondents
Miscellaneous Appl. No. 14775 of 2024 In WPPIL No. 123 of 2014
Decided On : 13-08-2024
Advocate Appeared:
For the Applicant : Mr. B.D. Pande
For the Respondent: Mr. C.S. Rawat, learned C.S.C. Mr. Niranjan Bhatt, in person.
IMPORTANT POINT
The court affirmed the necessity of environmental protection over cultural events, maintaining restrictions to safeguard ecological integrity.
Headnote:
Ecology - Butter Festival - Societies Registration Act, 1860 - The court upheld restrictions on attendance to protect the ecological balance, emphasizing the duty to preserve the environment as per prior judgments.
Fact of the Case:
The Dayara Paryatan Utsav Samiti sought to lift a restriction limiting attendance at the Butter Festival to 200 persons, arguing the festival's significance and economic benefits, while the Divisional Forest Officer cited ecological concerns.
Finding of the Court:
The court found that the previous restrictions were justified to protect the ecological balance of Dayara Bugyal, emphasizing the importance of environmental preservation over the festival's expansion.
Issues: Whether the restriction on the number of attendees at the Butter Festival should be lifted considering ecological impacts and the festival's cultural significance.
Ratio Decidendi: The court reiterated that protecting the environment is paramount, and restrictions on the festival were necessary to prevent ecological damage, as established in prior judgments.
Result: The application to lift the restriction on festival attendance is dismissed.
JUDGMENT :
Rakesh Thapliyal, J.
1. Miscellaneous application being MCC No. 14775 of 2024, has been preferred by the Dayara Paryatan Utsav Samiti for seeking direction that Divisional Forest Officer be directed to lift the restriction of two hundreds devotees to participate in the butter festival and permit all the devotees/tourists/persons to participate in forthcoming butter festival.
2. This PIL was decided by earlier Bench of this Court by judgment and order dated 21.08.2018 and certain directions have been issued to the State Authorities which is reflected from para 33.
As it appears from the application moved by the Dayara Paryatan Utsav Samiti that they are seeking direction due to the restriction imposed by this Court in para 33 (c) of the judgment rendered by this court in this PIL dated 21.08.2018.
3. It is submitted by the learned counsel for the applicant that this society is registered under Societies Registration Act, 1860 and is involved in various developmental activities within the State of Uttarakhand including organization and management of traditional festivals such as Butter Festival or Andhuri Utsav in Dayara Bugyal. He further submits that the Butter Festival takes place every year on Sankranti of Bhadrapad month during rainy season for almost nine decades in Dayara Bugyal by the residents of Raithal Village, District Uttarkashi.
4. It is further submitted that this traditional festival is being organized by the villagers who believe that the grass and medicinal plants in Dayara Bugyal bestow life and good health on their cattle and this festival is also known as ‘Andhuri’ and the purpose of this festival for the villagers is to express their gratitude to mother nature for her blessings and for keeping their livestock healthy. He further submits that the villagers invited their near and dear ones in the festival who are the original residents of village Raithal. He further submits that during the Butter Festival the villagers perform worship of Lord Krishna and express their thankfulness to Lord Krishna for his blessings on their livestock and it is also believed by the local residents that Lord Sameshwar on Sankranti of Bhadrapad month comes down to the Bugyals and give blessings to the residents and their cattle.
It is further submitted that this festival is organized for two days followed by a feast which is prepared about one and half kilometer away from Dayara Bugyal and is served to the participants/villagers and their relatives and also during this festival cultural programs are also organized, so as to keep culture of the villagers/ community alive. He further submits that this cultural program plays a significant role in development and advertisement of the local culture.
5. Learned counsel for the applicant submits that due to the restriction, as imposed by this Court, the Divisional Forest Officer though permitted the society to perform the Butter Festival as per its schedule, but put a restriction on the presence of only 200 persons on the ground as the festival is harmful to the ecological balance of Dayara Bugyal. It is further submitted that the ban so imposed by the Divisional Forest Officer is wholly unreasonable. It is submitted that since the said festival was being witnessed by thousands of tourists coming from different parts of the country and also by the foreigners, and, hence the restriction so imposed by the Divisional Forest Officer is required to be lifted as such the festival becomes a big source of income to the State of Uttarakhand. Thereafter, an affidavit was filed by the applicant/society on 08.08.2024 wherein in para 5 it is stated that the applicant/ society undertakes that only fifteen hundred persons would visit the festival area on 15.08.2024 and 16.08.2024, that too in a batch of 200 persons for one hour. The society also undertakes to clean the area, i.e, the area where festival would take place each day, i.e, 15.08.2024 and 16.08.2024.
6. Today, Mr. Niranjan Bhatt, a practi
