Uttarakhand High Court
WPMB/206/2023 on 14 August, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
WRIT PETITION (M/B) NO. 206 OF 2023
14TH AUGUST, 2023
BETWEEN:
Dyara Parytan Utsav Samiti Raithal .....Petitioner.
And
District Magistrate, Uttarkashi & another ....Respondents.
Counsel for the Petitioner : Mr. Saurabh Kumar Pandey,
learned counsel.
Counsel for the Respondents : Mr. C.S. Rawat, learned Chief
Standing Counsel assisted by Mr.
Vikas Pande, learned Standing
Counsel.
The Court made the following:
JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)
Issue notice. Learned counsel appears and accepts
notice on behalf of the respondents.
2. The challenge in this writ petition is to the order
dated 07.08.2023, issued by respondent no.2, i.e. Divisional
Forest Officer, Uttarakhand, Forest Range, Uttarkashi,
whereby restriction has been placed on the number of
tourists, who can visit the butter festival/ Andudi, conducted
by the petitioner-society each year, to two hundred.
3. The case of the petitioner is that the said butter
festival is being held by the petitioner traditionally every year
for many decades. It is a religious festival which is attended
by the locals. The locals play holi with butter milk and butter.
The festival is a two day event, and this year, it is being held
on 16th and 17th of August, 2023. The petitioner is aggrieved
by the restriction imposed on the number of tourists who can
visit and participate in the said festival to two hundred. The
said restriction has been imposed in the light of the judgment
rendered by this Court in Writ Petition (PIL) No.123 of 2014,
"Aali Bedini Bagzi Bugyal Sanrakshan Samiti vs. State of
Uttarakhand & others", dated 21.08.2018 which, inter alia,
directed the State Government to restrict the number of
tourists, to not more than two hundred, who are visiting
alpine meadows/ sub-alpine meadows/ Bugyals in the State
of Uttarakhand.
4. We have called for the file of the said case, and
perused the completed judgment.
5. The submission of learned counsel for the petitioner
is that, even though the said judgment was rendered on
21.08.2018, the same has been sought to be implemented for
the first time by issuance of the impugned communication
dated 07.08.2023, issued by the DFO.
6. Learned counsel submits that there is no reason to
place the said restriction on the number of tourists who can
visit the butter festival, which is held on the Bugyal. He
submits that the Bugyals can be accessed only by track and it
is not motorable. The track is about 7 Kms from the last point
where the vehicles can reach.
7. Having perused the complete judgment, and the
rationale for imposition of the aforesaid condition, we are not
inclined to entertain this petition.
8. There is no restriction on the number of local
population who can visit and participate in the festival. The
restriction is only in relation to tourist. Since it is a religious
festival, the presence of tourists is not essential for holding of
the festival. In any event, upto two hundred tourists can still
visit the festival.
9. Bugyals, as noticed in the judgment rendered in
Writ Petition (PIL) No.123 of 2014, are highly eco-sensitive
areas, and they have to be preserved for preservation of
ecology. Increase in tourism in such highly ecologically
sensitive areas is bound to result in degradation, as they put
pressure on the services. Increase is population is bound to
lead to greated pollution in the area, even though the Bugyals
are not accessible through vehicles. Increased activity in
Bugyals also leads to global warming.
10. We are, therefore, not inclined to entertain this
petition, and the same is, accordingly, dismissed.
11. Pending application, if any, also stands disposed of.
(VIPIN SANGHI, C.J.)
(RAKESH THAPLIYAL, J.)
Dated: 14th August, 2023
NISHANT
