MOHANAN T.R. Vs. WAYANAD PRAKRITHI SAMRAKSHANA SAMITHI

JUDGEMENT

(1.) The aforesaid application is filed by respondents 1 to 5 in the writ petition ie. State and its officials seeking to vacate the interim order passed by a learned Division Bench of this court on 22/3/2019 since the Ministry of Environment, Forest and Climate Change, Union of India has granted sanction for Ecotourism activity and included in the working plan for South Wayanad Division under the Forest (Conservation) Act, 1980.

(2.) The writ petition is filed by the 1st respondent in the application ie. Wayanad Prakrithi Samrakshana Samithi, which is a registered voluntary organisation working in the field of environmental conservation seeking a command to the State Government to frame State level Ecotourism strategy in terms of Exhibit P1 guidelines issued by the Government of India, Ministry of Environment and Forests dtd. 2/6/2011 within a time frame to be fixed by this court; and to quash the records leading to Exhibits P10 and P11 proceedings of the Additional Principal Chief Conservator of Forests dtd. 7/5/2018 and order of the Principal Secretary, Forest and Wildlife Department, Government of Kerala dtd. 11/8/2018. As per Exhibit P10 proceedings, the Additional Principal Chief Conservator of Forests considered the issue with respect to the complaint in regard to the restriction made to the daily visitors to the Kuruva Island, Wayanad District, as 400 persons per day. Accordingly, a report was sought for from the Divisional Forest Officer, who has reported that the area of footpath used by the visitors as 950m x 3m = 2850m2 . But it was found that the actual area used by the tourists in Kuruva Island includes some portion of the river bank and three small Islets which area comes to 2540m2 and hence the total area used by tourists comes to 5390m2 . It was also stated in the order that as Chethaleyam Range is not involved in the Ecotourism activities at Kuruva, the correction factor for staff availability has to be 1.0. Therefore, the carrying capacity was recalculated with the help of the aforesaid formula and found to be 998 and therefore, the Additional Principal Chief Conservator of Forests, Northern Range, in his report has recommended to increase the daily number of visitors from the existing 400 to 1000 per day. Taking into account the above factors, it was decided to increase the visitors to 950 per day temporarily which was ordered to be followed till a scientific study of carrying capacity is completed. It was further ordered that as there are two entrances for the Kuruva Island, 475 tourists from each side shall be allowed to enter to the Ecotourism site daily when the site is opened for tourists.

(3.) While the orders stood so, apparently on the basis of the report of the District Collector, Wayanad dtd. 9/5/2018, in regard to daily ceiling of 950 visitors and the protest thereto, the matter was taken up by the Principal Secretary, Forest and Wildlife Department, Government of Kerala and Exhibit P11 order was passed affirming Exhibit P10 order to permit 950 persons per day. However, the Divisional Forest Officer was permitted to increase the entry of visitors if necessary subject to local factors up to an additional 100 persons per day which was ordered to be purely temporary and was to continue till the area closes down for the monsoon and subsequently, entry will be restricted to the carrying capacity arrived at through the comprehensive study being undertaken. According to the writ petitioner, the permission so granted by the State Forest Department is not legally correct since Ecotourism is a non-forest activity which cannot be carried on in a forest area without securing prior clearance as is provided under Sec. 2 of the Forest (Conservation) Act, 1980. That apart, it is contended that as per the National Forest Policy, 1988 and the Forest (Conservation) Rules, 1980, working plan of each Forest Division has to be approved by the Ministry of Environment and Forests. Therefore, according to the writ petitioner, only those forestry activity detailed in the working plan and approved by the Ministry of Environment and Forests can only be carried on in the forest areas and since the said Ministry has prescribed guidelines for Ecotourism in protected areas as per Exhibit P1, the working plans of the various Forest Division should satisfy the stipulations contained in Exhibit P1 guidelines. It is also pointed out that the Ecotourism activity in most of the Forest Divisions are carried out without the prior approval from the Ministry of Environment and Forests. Writ petitioner has also relied upon various facts and figures and documents to establish that no proper study was undertaken to identify the carrying capacity of the Kuruva Island and other Ecotourism spots.