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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 12125 of 2010

LG, Andaman & Nicobar Islands and others  … Petitioner(s)

Versus

M/s. Bare Foot Inns and Leisure Pvt. Ltd. … Respondent

O R D E R

G. S. Singhvi, J.

On  11.5.2012,  arguments  were  heard  in  the  context  of  letter  dated  

10.5.2012  sent  by  the  Principal  Secretary  (Tribal  Welfare),  Andaman  and  

Nicobar Administration to the Additional Solicitor General and the order was  

reserved.

In the main petition, the petitioners have questioned the judgment of the  

Division Bench of the Calcutta High Court, Circuit Bench at Port Blair whereby  

the appeal preferred by them against the order of the learned Single Judge, who  

quashed  notification  dated  30.10.2007  issued  under  Section  3(1)  of  the  

Andaman and Nicobar Islands (Protection of Aboriginal Tribes), Regulations,  

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1956 (for short, ‘the 1956 Regulations’) declaring an area upto five km. radius  

around the Jarawa Tribal Reserve as Buffer Zone and prohibiting entry in the  

Buffer  Zone of  any person other  than a member of  an aboriginal  tribe was  

dismissed.

Notice in the special leave petition was issued on 8.3.2010 and operation  

of the judgment impugned therein was stayed.

On 3.12.2010, this Court expressed the view that the petitioners have not  

taken steps to implement the notification and directed their counsel to make a  

statement on the issue of closure of all commercial and tourist establishments  

within the Buffer Zone.  Thereafter, several interim orders were passed by the  

Court  for  ensuring  faithful  compliance  of  the  prohibition  contained  in  the  

notification issued under Section 3(1) of  the 1956 Regulations.   

On 3.2.2012, the Court appointed S/Shri T. S. Doabia, Senior Advocate  

and Sanjay Upadhyay, Advocate, whose names were suggested by the counsel  

for the parties, as Court Commissioners with the direction that they shall visit  

the Island mentioned in the notification and submit report.  In compliance of the  

directions given by the Court, the two Commissioners visited the Island and  

submitted their separate reports. On  23.4.2012, the Court noted the submission  

made by learned counsel for the respondent that the Commissioners had not  

focused  on  the  issue  mentioned  in  order  dated  4.11.2011  and  directed  the  

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counsel for the petitioners to seek comprehensive instructions on the question of  

stopping commercial and tourism related activities within the Reserved Area  

and the Buffer Zone.  

In compliance of the aforementioned direction, the learned Additional  

Solicitor  General  produced  letter  dated  10.5.2012,  the  relevant  portions  of  

which are extracted below:

“This  is  in  continuation  to  our  letter  dated  3/5/2012 referred to above and discussion held  today with you, the following brief may kindly  be placed before the Hon'ble Supreme Court in  the  hearing  of  11/5/2012  as  directed  by  the  Hon'ble Court in its order dated 23/4/2012, 1.No  tourist  establishment  such  as  resorts,  hotels,  restaurants,  bars and paying guest accommodations except  the government run Guest Houses will be permitted within  the Buffer Zone.

2.No commercial establishment/activities which may employ  more than 20 persons or have annual turnover of Rs. One  Crore or more will be allowed in the Buffer Zone.

3.Visits of tourists during day time to Lime Stone Cave and  Mud Volcanoes  existing  in  Baratang Island in  the  Buffer  Zone may be allowed to be continued.

        Yours faithfully,

(Ajai Saxena)  Principal Secretary (Tribal Welfare)”

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Learned counsel  for the parties  made their submissions mainly on the  

issue of continuance of  commercial and tourism related activities within the  

Reserved  Area  and  the  Buffer  Zone.   While  Ms.  Indira  Jaising,  learned  

Additional  Solicitor  General  submitted  that  till  a  decision  is  taken  by  the  

competent authority on the issue of allowing commercial and tourism related  

activities within the Buffer Zone, the Court may permit the activities specified  

in paragraphs 2 and 3 of the letter of the Principal Secretary,  Shri S. Ganesh  

vehemently opposed the continuance of any such activity in the Reserved Area  

and  the  Buffer  Zone  by  pointing  out  that  the  prohibition  contained  in  

Notification dated 30.10.2007 and order dated 6.11.2007 issued by Tehsildar,  

Ferrargunj is absolute.  Shri Ganesh submitted that after forced closure of the  

respondent’s  resort,  the  petitioners  can  neither  undertake  nor  allow  any  

commercial or tourism related activity in contravention of Notification dated  

30.10.2007.

We  have  considered  the  respective  submissions.   Notification  dated  

30.10.2007 which was challenged before the High Court and which is under  

consideration in the special leave petition reads as under: “EXTRAORDINARY

Published by Authority No. 243, PORT BLAIR,  

TUESDAY, OCTOBER 30, 2007  

ANDAMAN & NICOBAR ADMINISTRATION  

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Directorate of Tribal Welfare

NOTIFICATION

Port Blair, dated the 30th October, 2007

No. 234/2007/F.No. 1-752/2007-TW - In exercise  of the power conferred by Sub-Section (1) of Section 3 of  the Andaman and Nicobar Islands (Protection of Aboriginal  Tribes),  Regulation, 1956 (Regulation No. 3 of 1956), the  Lt. Governor, A & N Islands, is pleased to declare the area  up to  five  km.  radius  around  the  Jarawa  Tribal  Reserve  notified  vide  No.   159/2004/F.No. 1-752/2002-TW (PF)  dated 15th September, 2004 from the Boundary Line starting  from Constance Bay in South Andaman to Lewis Inlet Bay  in Middle Andaman, as a Buffer Zone.  Any/person other  than  a  member  of  an  aboriginal  tribe  is  prohibited  from  entering the Buffer Zone for any commercial and/or tourism  activities.”

In  our  view,  the  prohibition  contained  in  the  above  reproduced  

notification  and  order  dated  6.11.2007  passed  by  Tehsildar,  Ferrargunj  is  

unconditional.  Therefore,   till  the  notification  is  rescinded  or  amended,  no  

commercial or tourism related activity can be allowed within the Reserved Area  

or  the  Buffer  Zone  and  it  is  not  possible  for  the  Court  to  approve  the  

suggestions contained in paragraphs 2 and 3 of letter dated 10.5.2012 sent by  

the Principal Secretary (Tribal Welfare), Andaman and Nicobar Administration.  

We,  therefore,  direct  that  henceforth  no  commercial  and  tourism  related  

activities shall be carried out by the administration or any private individual in  

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violation of the prohibition contained in notification dated 30.10.2007 and order  

dated 6.11.2007.   

It shall be the duty of the Principal Secretary (Tribal Welfare) and other  

officers  of  the  Administration  of  Andaman  and  Nicobar  to  ensure  total  

compliance of the prohibition contained in notification dated 30.10.2007 and  

this order.   Any breach of this order will entail punishment under the Contempt  

of Courts Act, 1971.                   

…..……….....……..….………………….…J.               [G.S. SINGHVI]

…………..………..….………………….…J.               [SUDHANSU JYOTI MUKHOPADHAYA]

New Delhi, July 02, 2012.           

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