ThottathilB. Radhakrishnan, J.
1. We have the affidavit sworn to on 7.2.2011 by the Forester of the Sathram Section of Periyar West Division of Periyar Tiger Reserve. That affidavit is filed touching different aspects in relation to the views of the Forest Department as regards the Pullumedu incident. Along with that affidavit we have Annexure A which is the location map of Uppupara (Pullumedu) of the Periyar Tiger Reserve. We have before us Sri.P.R. Suresh, Deputy Director, Periyar Tiger Reserve – West Division, Peermedu. We have been appropriately assisted by Adv. Lakshmi Narayan R., the learned Senior Government Pleader with the assistance of Sri. Suresh regarding the contents of Annexure A location map of Uppupara. We have also heard Adv. V.V. Nandagopal Nambiar, the learned standing counsel for the Travancore Devaswom Board, the learned senior counsel Sr.Adv. N. Dharmadan for the Ayyappa Seva Sangham and Adv. S. Krishnamoorthy for the Thanthri. We have also heard Adv. Krishnakumar Mangot, the learned amicus curiae on behalf of the learned Ombudsman for Travancore and Cochin Devaswom Boards.
2. The Periyar Tiger Reserve is an area declared as a sanctuary by notification under the provisions of Chapter 4 of the Wild Life (Protection) Act, 1972. In terms of that Act, which we call hereinafter “WLP Act”, the Director of Wild Life Preservation and such other officers and employees as may be appointed for the purposes of that Act are bound to carry out the duties and responsibilities in terms of that legislation.
3. Every sanctuary, which is declared as such, in terms of the provisions of the WLP Act, is a protected area. On and after the declaration of an area as sanctuary, such declaration confers on the area the recognition by the competent authorities, including the Governments that it is of immense ecological, faunal, floral, geomorphological, natural or zoological significance. The prime purpose for declaration of an area as sanctuary is for the purpose of protecting, propagating and developing wildlife or its environment.
4. Section 27 of the WLP Act provides that no person other than those enumerated therein shall enter or reside in the sanctuary, except in accordance with the conditions of a permit granted under Section 28, which in turn, enumerates the specific purposes for which permits may be granted. In terms of Section 27, there are restrictions even for the movement of public servants. Only a public servant on duty is permitted entry.
5. Though passage through a public highway along the sanctuary is permitted, that is a regulated and restricted passage in terms of Section 27. Hence, even if there is a public highway through a sanctuary, if can be used only for the restricted purpose of a highway and movement through that cannot, in any manner, be utilized for further intrusion into the sanctuary or in any manner affecting faunal, floral, geomorphological, natural or zoological significance of the sanctuary.
6. With all these, we wanted the learned Senior Government Pleader to tell us in consultation with the Deputy Director who is present before us as to the utility of a way which we find from a point called 4th mile to Uppupara (Pullumedu). We are told that it is not a public highway but is only a passage for departmental vehicles in connection with patrolling and other duties. At one time, the Government had resorted to some activity of afforestation and there was also the need to remove wood from that area. We are told that as of now, that utility has essentially come to an end. This means that the existing passage from the 4th mile to Uppupara is needed only for the purpose of the officers involved in carrying out their official duties in connection with the WLP Act and other statutory provisions which apply to the area in question.
7. It is through the aforesaid route that large number of vehicles went to Uppupara and were parked in Uppupara, which factor, going by the affidavits of the Forest Department and the Police Department, had enormously contributed to the unfortunate loss of lives last year in the Uppupara (Pullumedu) incident. We find no rhyme or reason that could be recognized and sustained in law, for private vehicles or tourist vehicles to move even under permits from 4th mile to Uppupara since that is not a tourist spot as recognized by the State Government for any purpose.
8. Equally, the passage of large number of vehicles from 4th mile to Uppupara, would undoubtedly create adverse ecological situations and pose environmental challenges referable to sound, emissions, lights etc. apart from non-biodegradable waste and under-managed biodegradable left overs. Homo sapiens should remain a rare species in a sanctuary, a Tiger Reserve. Access itself is an affront to the sanctuary. This will adversely affect the flora and fauna within the Periyar Tiger Reserve.
9. The forests, including flora and fauna and its other wealth have to be zealously protected by the State. This is the command contained in Part IV of the Constitution. This is also the part of duties of citizens, treated as fundamental in terms of Article 51A of the Constitution. In the ultimate bargain for survival of the fittest, the constitutional Vibrance resonating on a cohesive assimilation of the fundamental rights, fundamental duties and directive principles of state policy as enshrined in Parts III, IV and IVA of the Constitution advises against any use of the beat and patrolling routes in the Periyar Tiger Reserve for vehicular traffic as was done in last year in the route in question as noticed above.
10. We, therefore, find no ground to permit any movement of vehicles other than the departmental vehicles, that too, only for official purposes, from 4th mile to Uppupara. Hence, we direct the Union of India and the State of Kerala and all officers under them, in particular, the Forest Department and the Police Department to ensure that any entry of vehicles from 4th mile to Uppupara, other than official vehicles for official purposes, is stopped forthwith and this prohibition shall be enforced without fail. Having regard to the nature of the duties and responsibilities of the officers under the WLP Act and the police authorities under the Police Act, Criminal Procedure Code and the enabling forest laws, we further notify that any official in service who is found to have aided, even passively, abetted or conspired to any violation of the stringency of this order would be personally liable, in accordance with law.
11. We may also indicate that there is some apprehension sounded at the bar as to a managerial issue regarding the parking of vehicles which may move in from Vandiperiyar. We are sure that the Pullumedu incident and the lessons learnt therefrom will be tickling the conscience of the Kerala Police. That should necessarily motivate the subordinate officers to draw up appropriate ways and means to manage the movement of vehicles from Vandiperiyar to Sathram, as also Vandiperiyar to 4th mile in such a way that there is no congestion by excessive movement of vehicles from Vandiperiyar. This is a managerial and administrative matter, best left to the wisdom of those who have to manage them through the Police and other Departments. We direct that necessary specific instructions shall be given by the competent authorities in this regard, to those who are to manage the affairs locally.
12. As indicated in our earlier order dated 26.4.2011, the process of disaster management can never be permitted to remain a disaster. The affidavits of the Government, as already noted in the earlier orders, prompt us to remind the Government that disaster management has to be taken up on a war footing since the very gospel of disaster management is that prevention is better than cure. It would be worthwhile for those in the higher echolens in the administration of the State to immediately haul up the disaster management system and bring it in tune with the goals sough to be achieved by the Disaster Management Act, having particular regard to the definition of “disaster” and the concept of “disaster management” as envisaged in that piece of legislation. Prevention of disaster is an inexcusable component of protection of life and therefore, of right to life. Hence, the effectuation of the commands contained in the aforesaid legislation is part of the aspirations of the Indian People under Article 21 of the Constitution.
13. The learned Senior Government Pleader has shown us G.P.(Rt) No.2849/2011/RD dated 4.7.2011 whereby the Government of Kerala has issued the terms of reference following the appointment of a judicial commission to enquire into the stampede at Pullumedu, Sabarimala which occurred on 14.1.2011 in which 102 lives were lost and many more were injured. He also points out that Sri. P. Chandrasekharan, ADGP(South), who was functioning as the Chief Police Coordinator for Sabarimala festival 2009-2010 and 2010-2011, has filed an affidavit on record following earlier orders. We have read it. That affidavit would be taken up for consideration in due course.