PIL on JLR lodge at Dubare forest dismissed with cost

The high court has imposed a cost of Rs 50,000 on the petitioners who challenged the construction of Jungle Lodges and Resorts (JLR) at the Dubare forest area at Kushalnagar in Kodagu district.

The petitioners claimed that the JLR has put up constructions inside the forest area without obtaining permission from the Union government.

The PIL was filed in 2019 by P S Mohan and four others from the Kodagu district. The petitioners contended that JLR’s eco-tourism camp was causing noise pollution and disturbing the wild animals. It was also contended that JLR had not taken permission from the Union government under section 2 (3) Forest Conservation Act, 1980.

The counsel, representing the JLR, raised a preliminary objection on the maintainability of the petition stating that the PIL has been filed with the vested interest of the petitioners. It was informed to the court that JLR had stopped the river rafting activities in the Dubare area. Since this adversely affected the petitioners, a PIL was filed with ulterior motives, the counsel submitted.

On the aspect of obtaining prior permission, a division bench, headed by Chief Justice Ritu Raj Awasthi, noted that being a government entity, JLR was not required to obtain permission.

“We are of the considered view that the Jungle Lodges and Resorts Limited, which has constructed the jungle lodge in Dubare forest in Kushalnagar range of Kodagu district, is a body created by the Karnataka State Tourism Development Corporation (KSTDC), which itself is totally controlled by the State Government and no private interest is involved in the activities of Jungle Lodges and Resorts Limited. The Managing Director (of JLR) is a government servant belonging to the IFS cadre,” the bench
said.

Dismissing the PIL, the bench imposed the cost on the petitioners for wasting precious time of the court. The bench also observed that the petition has been filed with ulterior motives in order to exert pressure on the respondents. The petitioners have been directed to deposit the cost amount with the Karnataka State Legal Services Authority within a month.

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