Nilgiris Biosphere Reserve - Equitable Tourism Options
Nilgiris Biosphere Reserve - Equitable Tourism Options
Nilgiris Biosphere Reserve - Equitable Tourism Options
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Sanctuary provided U/s 27, 28, 32, 33, 33A and 34 of the Act and therefore<br />
all prohibitions imposed therein are also imposed against this kind activity<br />
in the National Park. In view ofthe fact that a star hotel in a National Park is<br />
totally prohibited, the action of the respondents is wholly without authority<br />
of the law and is ultra vies section 35 of the Act.<br />
• Commissioning of a star hotel or a holiday resort is a non-forest<br />
purpose. No such activity can be undertaken much less any<br />
forestland in violation may be used for a non-forest purpose. No<br />
forestland in violation thereof may be assigned by way of lease or<br />
otherwise to any private person not owned, managed or controlled<br />
by the Government. The Taj Group is not an organisation owned,<br />
managed or controlled by the Government.<br />
• In view of the fa ct th at the project is a serious threat to the bio-culture<br />
of the National Park and to the environs of the park, it is wholly<br />
impermissible for the respondent to commission any such project in<br />
the midst of the National Park. This action is therefore ultra vies of<br />
EPA, 1986 since it is not preceded by compliance of any of the<br />
mandatory requirements under this Act. Displacing the adivasis from<br />
the National Park and providing a holiday resort for leisure loving<br />
people with consumptive taste is a serious violation of constitutional<br />
guarantees given to the adivasis under Article 21 to preserve their<br />
culture and source of livelihood. Not only is the project a serious<br />
violence on the adivasis and their culture but it is also directly<br />
opposed to public interests. The threat posed to the flora and fauna<br />
of the National Park is itself a violation of the right of all living beings<br />
guaranteed under the Constitution especially regarding prevention<br />
of cruelty to animals. The impugned action is therefore arbitrary,<br />
capricious and whimsical and violative ofthe rights guaranteed to the<br />
adivasis of the Nagarhole National Park and other living beings<br />
under article 14 ofthe Constitution.<br />
• There are already a sufficient number of government lodges and<br />
holiday resorts around the National Park like the Jungle Lodges and<br />
Resorts near the Kabini river. More resorts of this sort will only put<br />
unnecessary pressure on the resources of the park. In view of the<br />
fact that there are enough rest houses, the impugned project is<br />
initiated solely with the object of providing for a commercial venture<br />
to the Taj Group. Looking at the investment already made by the<br />
State of Karnataka and the Forest Department on the existing<br />
NiJagiris : Fading Glory 40