Nilgiris Biosphere Reserve - Equitable Tourism Options

infrastructure, the consideration for the lease is a pittance and is not a valid
consideration. It is not in public interest and the interest of the park and
wildlife in mind. The project was out an out commercial venture at the cost of
the bio-culture of the park and natural resources of which the people of
Karnataka in general and the adivasis of the park in particular are the real
owners. The adivasis who have been uprooted from their social and cultural
moorings on account of covering this area under a National Park have a right
for restoration of their right to livelihood and their culture in their environment
in which they have lived for thousands of years.
• The lease disallows for the construction of new structures. The
NGOs and the Adivasi organisations have alleged that under the
guise of renovation of the structures the company has constructed
new structures and tarmac roads extending its operational activities
to forestlands, which is not allowed under the lease. They have also
alleged that powerful generator sets have been installed which in
due course will severely affect the unhindered natural lake. The
Group has seriously repudiated the allegations that they have cut
any tree or are trying to make new metalled roads. According to
them the have only placed boulders on pre-existing jungle
pathways to make the roads motorable for an easy access to the
resort.
• Section 28 of the WPA Act, 1972 refer to a "grant of permit that the
Chief Wildlife Warden can grant to any person to enter or reside for
even the purposes of "tourism". But this does not authorize the Chief
Wildlife Warden to enter into a lease agreement regarding the same
with a "private hotel chain". This section merely elaborates on the
discretion with the Chief Wildlife Warden to grant permits but does
not cover the "setting up of tourism infrastructure". Tourists may be
allowed but where is the power to allow private touristic ventures in
this section.
• As regards "gross violation of fundamental rights", the right to
environment implicit in Art 21 ofthe Constitution is definitely affected
by this negligent act of setting up a three star resort in a pristine
ecosystem. In addition this affects the rights of adivasis and their
right to their cultural integrity Art. 14 is attracted by the government
duplicity and arbitrariness in using the WPA Act to try and evict the
adivasis and at the same time allow "three star toruistic commercial
ventures" inside in violation of the prohibitions in the Wildlife
Protection Act, 1972.
41 Nilagiris : Fading Glory