VEERU DEVGAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The present appeal is preferred by the appellant against some of the directions issued in the judgment delivered by the High Court of Judicature at Madras on December 23, 1999 in Civil Writ Petition No. 19842 of 1999. By the said judgment, the High Court held that though the appellant herein-writ petitioner in the High Court-had not violated the terms and conditions of the permission granted to him to shoot a film and had not caused damage to the grassland or adversely affected environment, he would deposit Rs. fifty lakhs which will be utilized for protection and improvement of environment and the forest in and around Udhagamandalam.

(2.) To appreciate the grievance raised by the appellant in the present appeal, few relevant facts may be noted.

(3.) The appellant is the sole proprietor of M/s Devgan Films which inter alia is engaged in the production and direction of films since 1996. The appellant conceived an idea of producing a musical film for children titled "Raju Chacha". The appellant initially started shooting of the said film in the Gulmarg area in Kashmir but due to Kargil war, the shooting was postponed. Then, a decision was taken to change the venue to Schoolmund (Wenlock Downs Reserve Forest), Ooty in the State of Tamil Nadu. For the said purpose, the appellant made an application to the Principal Chief Conservator of Forests of the State of Tamil Nadu on August 31, 1999 for issuance of 'no objection certificate' to shoot a part of the film in the Nilgiri South and North Division. On the same day, the Principal Chief Conservator of Forests granted such permission for a period of 120 days from October 01, 1999 to March 30, 2000. The appellant deposited an amount of Rs. 60,000/- @ Rs. 500/- per day for 120 days with the Information and Tourism Department towards fee for using the area in question. He also deposited an amount of Rs.5,000/- under the head "Miscellaneous and Photograph expenses". On September 06, 1999, the Director of Information and Public Relations granted necessary permission for shooting in Nilgiri District, Ooty. On October 5, 1999, the appellant furnished a refundable security deposit of Rs. two lakhs in savings account towards permission for shooting the film and erection of pre-fabricated sets in the designated area. Immediately thereafter on October 07, 1999, the permission sought by the appellant was granted to erect sets of a particular size. The appellant stated that similar permissions had been granted for more than 100 films during previous years for shooting in the Nilgiri under the Tamil Nadu Forests Department Code, 1984. A formal agreement was executed between the sole proprietor of M/s Devgan Films on the one hand and the District Forest Officer ('DFO' for short), Nilgiri South Division-respondent No.2, on the other hand, whereby permission was granted for shooting the film and erection of temporary sets of the size of 60mm x 60mm subject to the conditions specified therein. The appellant was directed to deposit an amount of Rs.10,800/- as ground rent for erection of temporary sets. A copy of the said agreement has been produced by the appellant in the present proceedings.