2013 Govt Order Permitting Commercial Film Making In Forest Areas, Wildlife Sanctuaries Has No Legal Backing: Kerala High Court

The Kerala High Court on Monday (July 28) held that the government order dated 30.03.2013 G.O(MS) No.37/2013/F&WLD, which permitted shooting of commercial films and TV serials in forest areas, national parks, wildlife sanctuaries, and tiger reserves, did not have the force of law.

The Court reached the finding that the said government order was against the provisions and scheme of the Wild Life (Protection) Act, 1972.

A division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji disposed of the writ appeal filed against the Single Bench order which had directed the Central and State governments, and the top forest department officials to consider whether any further additional conditions need be imposed in the matter while granting permission to use the forest for non-forest activities so that no damage is caused to the forest and wildlife.

While pronouncing the operative part of the judgment in Court, the judges said,

"As a result, it is declared that the government order dated 30th March 2013 issued by the State of Kerala does not have the force of law to permit commercial film making and commercial TV serials in wildlife sanctuaries, national parks and tiger reserves contrary to the scheme of the Act of 1972 as elaborated above. The state government will issue appropriate follow-up instructions to the officers of the forest department accordingly within a period of four weeks from today. If, in future, an amendment in carried out to statutory provision or policy is framed permitting commercial film making, tv serials in wildlife sanctuaries, national parks and tiger reserves, then challenge to the validity of such enactment or policy is kept open. As regard other prayers made in the writ petition, reports have been filed, action has been initiated and no further directions are necessary. Appeal is accordingly disposed of."

The detailed judgment is awaited.

The appellant Angels Nair, general secretary of an NGO named Animal Legal Force Integration, had initially approached the Single Bench raising the allegations that after the shooting of the movie in the forest, there is substantial damage to the flora and fauna. As per the allegation, large areas of forest land were filled with foreign red soil to give it the appearance of a Chhattisgarh dessert forest. There is also allegation that a new road was constructed illegally in the forest. The appellant had also alleged that large quantity of plastics, food wastes, debris, nailed wooden planks, thermocol, plaster of paris, glass bottles, broken glassed and liquor bottles were lying in the forest which was only cleared after he approached the Court.

The Single Judge noted that the movie shooting was done inside the forest after obtaining necessary permissions. The Single Judge observed from the photos produced before it that consequent to the dumping of gravel in the forest area and making the road and area marshier has caused serious damage to the reserve forest and has interfered substantially with the natural environment. The Single Bench had directed the Central Government to do a detailed enquiry in this matter. Against this judgment, the appeal was preferred.

Case Title: Angels Nair v The Principal Secretary and Others

Case No: WA 2179 of 2023

Citation: 2025 LiveLaw (Ker) 459 

Counsel for the appellant: Nil

Counsel for the respondents: T.P. Sajan - Special Government Pleader

Amicus curie: Manu Vyasan Peter

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