Nilgiris Biosphere Reserve - Equitable Tourism Options

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