S JAYACHANDRAN JOINT SECRETARY Vs. UNION OF INDIA

JUDGEMENT

(1.) A children's 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 Children's 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 is thus evident that permission to erect the set, had been granted after the Principal Chief Conservator of Forests had been appraised of the need for erecting such a set for the purposes of shooting this film and he had consciously agreed to permit the erection of such a set. IT is only thereafter that the District Forest Officer had proceeded to incorporate the permission in the agreement that was executed with the film company.