Forest Friendly Camps Pvt. Ltd. v State of Rajasthan  – AIR 2002 Raj. 214

P. P. Naolekar and A. C. Goyal, JJ.,

Wild Life [Protection] Act 1972; Sec. 28 (2)

This case questions the power of the Wildlife Warden under Sec. 28 of the Wild Life [Protection] Act (1972) to grant permits for the development of tourism inside a National Park.  – To what extent this power involves the power to introduce new systems for tourist rides inside the National Park? – How would such a system be valid under the law was the question answered by the Court in the present case.

The Appellant, Forest Friendly Camps Pvt. Ltd is the owner of hotels and runs the business of arranging tours for tourists from all over the country and the world. The State of Rajasthan established a Tiger Project in the vicinity of RanthamboreNational Park to attract tourists to view the tigers in the sanctuary. Upto 1997, any person was entitled to enter or reside in the Park area for the purpose of tourism by obtaining a permit and payment of a prescribed fee. There was no restriction on vehicles too. During this period, the State of Rajasthan encouraged eco-tourism and helped in setting up hotels and resorts in the Park area.

Under the Wildlife Rules 1977, the State of Rajasthan introduced the ‘roster system’ for regulating tourism business by controlling vehicular entry of private vehicles. The roster system allows the registration of vehicles, tour operators, tourists and hoteliers thereby forming a common pool for persons, who cater to the tourists’ needs in the National park.  The roster system was under operation for two seasons, viz. 1997-98 and 1998-99. This system came under severe criticism for various reasons including charges of high rent by the driver, cutting the drive short, misbehavior by the guides and mismanagement of tourists.

Subsequently, the Government of Rajasthan came up with a new policy for an eco-friendly development, to restrict the number of vehicles on a particular route, to have a system of registration for vehicles, provide guides with training etc.  Seven routes were identified on which tourist vehicles like Maruti Gypsies and Minibuses were permitted after registration with the office for Rs. 5000. Several safeguards in respect to type and quality of vehicles and pollution control certificates were prescribed.

The ‘roster system’ is challenged in this writ by the appellant on the ground that – it hampers the tourism and consequently results in affecting the earning of the foreign exchange. The system also affects the transparency in allocating license and registration to tour operators.  Sec. 27 provides for restriction of entry into the sanctuary, but the restriction is not absolute and is subject to the provisions of Sec. 28, which provides for grant of permit.

Under Sec. 28, the Chief Life Warden, may on application, grant to any person, a permit to enter or reside in a sanctuary for all or any of the following purpose:

a) Investigate or study of wildlife;

b) Photography;

c) Scientific research;

d) Tourism and

e) Transaction of lawful business.

The Court held that the ‘roster system’ and its regulations are well within their jurisdiction and valid in law. The authority to control and regulate vehicles is within the powers, under Sec. 28 of the Wildlife Act. At the same time, it would be just and fair to maintain a careful balance between the preservation of wildlife in forest and sustainable development on eco-tourism. Tourism activities in no way shall adversely affect the wildlife and environment. Generation of funds is one aspect, while maintaining ecological balances the other. All such tourism activity, which directly or indirectly contribute to the conservation of nature and biological diversity and which benefits local people and communities should be promoted. Tourism should be environmentally, economically, socially and culturally sustainable.

Thus, viewing the pros and cons of the present system, the Court held that within the roster system itself, changes should be made so as to provide more concession to the tour operators and benefit the influx of tourists to the National Park.