ORDER : Shaji P.Chaly, J. The aforesaid application is filed by respondents 1 to 5 in the writ petition ie. State and its officials seeking to vacate the interim order passed by a learned Division Bench of this court on 22.3.2019 since the Ministry of Environment, Forest & Climate Change, Union of India has granted sanction for Ecotourism activity and included in the working plan for South Wayanad Division under the Forest (Conservation) Act, 1980. 2. The writ petition is filed by the 1st respondent in the application ie. Wayanad Prakrithi Samrakshana Samithi, which is a registered voluntary organisation working in the field of environmental conservation seeking a command to the State Government to frame State level Ecotourism strategy in terms of Exhibit P1 guidelines issued by the Government of India, Ministry of Environment & Forests dated 2.6.2011 within a time frame to be fixed by this court; and to quash the records leading to Exhibits P10 and P11 proceedings of the Additional Principal Chief Conservator of Forests dated 7.5.2018 and order of the Principal Secretary, Forest & Wildlife Department, Government of Kerala dated 11.8.2018. As per Exhibit P10 proceedings, the Additional Principal Chief Conservator of Forests considered the issue with respect to the complaint in regard to the restriction made to the daily visitors to the Kuruva Island, Wayanad District, as 400 persons per day. Accordingly, a report was sought for from the Divisional Forest Officer, who has reported that the area of footpath used by the visitors as 950m x 3m = 2850m2. But it was found that the actual area used by the tourists in Kuruva Island includes some portion of the river bank and three small Islets which area comes to 2540m2 and hence the total area used by tourists comes to 5390m2. It was also stated in the order that as Chethaleyam Range is not involved in the Ecotourism activities at Kuruva, the correction factor for staff availability has to be 1.0. Therefore, the carrying capacity was recalculated with the help of the aforesaid formula and found to be 998 and therefore, the Additional Principal Chief Conservator of Forests, Northern Range, in his report has recommended to increase the daily number of visitors from the existing 400 to 1000 per day. Therefore, the carrying capacity was recalculated with the help of the aforesaid formula and found to be 998 and therefore, the Additional Principal Chief Conservator of Forests, Northern Range, in his report has recommended to increase the daily number of visitors from the existing 400 to 1000 per day. Taking into account the above factors, it was decided to increase the visitors to 950 per day temporarily which was ordered to be followed till a scientific study of carrying capacity is completed. It was further ordered that as there are two entrances for the Kuruva Island, 475 tourists from each side shall be allowed to enter to the Ecotourism site daily when the site is opened for tourists. 3. While the orders stood so, apparently on the basis of the report of the District Collector, Wayanad dated 9.5.2018, in regard to daily ceiling of 950 visitors and the protest thereto, the matter was taken up by the Principal Secretary, Forest & Wildlife Department, Government of Kerala and Exhibit P11 order was passed affirming Exhibit P10 order to permit 950 persons per day. However, the Divisional Forest Officer was permitted to increase the entry of visitors if necessary subject to local factors up to an additional 100 persons per day which was ordered to be purely temporary and was to continue till the area closes down for the monsoon and subsequently, entry will be restricted to the carrying capacity arrived at through the comprehensive study being undertaken. According to the writ petitioner, the permission so granted by the State Forest Department is not legally correct since Ecotourism is a non-forest activity which cannot be carried on in a forest area without securing prior clearance as is provided under Section 2 of the Forest (Conservation) Act, 1980. That apart, it is contended that as per the National Forest Policy, 1988 and the Forest (Conservation) Rules, 1980, working plan of each Forest Division has to be approved by the Ministry of Environment & Forests. Therefore, according to the writ petitioner, only those forestry activity detailed in the working plan and approved by the Ministry of Environment & Forests can only be carried on in the forest areas and since the said Ministry has prescribed guidelines for Ecotourism in protected areas as per Exhibit P1, the working plans of the various Forest Division should satisfy the stipulations contained in Exhibit P1 guidelines. It is also pointed out that the Ecotourism activity in most of the Forest Divisions are carried out without the prior approval from the Ministry of Environment & Forests. Writ petitioner has also relied upon various facts and figures and documents to establish that no proper study was undertaken to identify the carrying capacity of the Kuruva Island and other Ecotourism spots. 4. Pursuant to the direction issued by a learned Division Bench of this court on 19.3.2019, a counter affidavit has been filed on behalf of the State Government wherein it was stated that in the working plan for South Wayanad Forest Division for the period 2012-2021, an approval has been granted by the Ministry of Environment & Forests, to the entire working plan except Chapter IV on Ecotourism. Therefore when the matter was taken up before the court on 22.3.2019, finding that there is no approval to Chapter IV of the working plan dealing with Ecotourism it had to be presumed that Ecotourism in the South Wayanad Forest Division for the period 2012-2021 is not an activity that has been granted approval by the Central Government and accordingly the contention advanced by the learned counsel for the writ petitioner that Ecotourism is a non-forest activity for the purpose of Forest (Conservation) Act, 1980 was accepted and an interim order was passed staying the operation and implementation of Exhibits P10 and P11 orders deliberated above. It is the said order that is sought to be vacated in the interlocutory application by the State and its officials. The submission made in the interlocutory application basically is that as per the letter of the Government of India dated 24.4.2019, Ecotourism is permitted subject to the conditions mentioned in the said letter. 5. The application is seriously objected by the writ petitioner by taking up the contentions raised in the writ petition both factual and legal and study reports of experts in the field that the Ecotourism cannot be permitted in the Kuruva Island and other Ecotourism spots. 5. The application is seriously objected by the writ petitioner by taking up the contentions raised in the writ petition both factual and legal and study reports of experts in the field that the Ecotourism cannot be permitted in the Kuruva Island and other Ecotourism spots. According to the learned counsel for the writ petitioner even going by Exhibit P5 communication of the Additional Principal Chief Conservator of Forest dated 21.10.2017 the issue with respect to carrying capacity has to be taken into account in order to protect the wildlife sanctuaries and national parks and it was further contended that the carrying capacity study has not been completed and there is no forest plan prepared by the State Government. 6. The respective counsel appearing for party respondents who are tourists guides belonging to Scheduled Tribe community and others residing within the forest area and periphery also advanced arguments in support of the application filed by the State and further submitted that the reliefs sought for by the writ petitioner was on the basis of the failure on the part of the State Government to secure prior approval from the Government of India, Ministry of Environment & Forests in contemplation of the provisions of the Forest (Conservation) Act, 1980 and now the Government of India having issued requisite orders to carry on with the Ecotourism activities, there is no substance in the contentions advanced and therefore, the interim order granted by this court on 22.3.2019 is to be modified in order to implement the order of Government of India dated 24.4.2019. It is also pointed out that due to the stay granted by this court the tourist guides are finding it difficult to meet up their basic requirements which was their sole source of livelihood. 7. We have heard Additional Advocate General Sri.Ranjith Thampan appearing for the State and its officials, Adv.Sri.M.P. Prakash for the writ petitioner, Senior Advocate Sri.Gracious Kuriakose and Adv.Sri.Santhosh Mathew for the tourist guides and Smt. C.G.Preetha, the Central Government Counsel and perused the pleadings and the materials on record. 8. In fact, multifarious contentions are raised by the writ petitioner in regard to the illegal manner in which the Ecotourism projects are implemented by the State Government. 8. In fact, multifarious contentions are raised by the writ petitioner in regard to the illegal manner in which the Ecotourism projects are implemented by the State Government. On an appreciation of the pleadings and rival submissions it is quite clear and evident that the foundation of the case advanced was on the basis of the failure on the part of the State Government to secure prior approval under Section 2 of the Forest (Conservation) Act, 1980 from the Ministry of Environment & Forests, Government of India. It is also clear from the interim order granted by a learned Division Bench of this court on 22.3.2019 that it was based on the absence of prior approval in contemplation of Act 1980 that interim stay of Exhibits P10 and P11 proceedings of the officers of the State Government was granted. Now it is an admitted fact that the Government of India has granted approval to conduct the Ecotourism activities at South Wayanad subject to certain conditions. Therefore, whatever be the contentions made in the writ petition for the ultimate consideration of this court shall not stand in the way of considering the relief sought by the State to modify the interim order on the basis of the order of the Government of India. In order to have a proper appreciation of the order of the Government of India, it is extracted hereunder: “GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FORESTS & CLIMATE CHANGE Regional Office (Southern Zone), Kendriya Sadan, IVth Floor, E& F Wings, 17th Main Road, IInd Block, Koramangala, Bangalore 560 034, Tel.No.080-25635905, E.Mail: rosz.bng-mef@nic.in By Speed Post F. No. F(C)A/11.6/26/WP/KER Dated: 24th April, 2019 To The Chief Conservator of Forests (WP&R) Forest Headquarters, Vazhuthacaud, Thiruvananthapuram, PIN- 695 014, Kerala. Subject: Working Plan of South Wayanad Forest Division -Approval of Eco-Tourism activities -reg. Reference: Your office letter No. WP-1053/2010 dated 04/04/2019. Sir, I am directed to refer to your letter No.WP-1053/2010 dated 04/04/2018 on the subject mentioned above and to say that the ecotourism prescriptions mentioned in the approved Working Plan of South Wayanad Division have been examined vis-a-vis guidelines issued under the Forest (Conservation) Act, 1980. In this connection, it is informed that some of the prescriptions mentioned for ecotourism activity involve permanent construction namely at point no. In this connection, it is informed that some of the prescriptions mentioned for ecotourism activity involve permanent construction namely at point no. 3, 6, 9 and 11 of 5.2.5 of South Wayanad Working Plan, which may attract the provisions of the Forest (Conservation) Act, 1980 and such activities can be carried out only with prior approval under Section 2' of Forest (Conservation) Act, 1980. Further, other prescriptions mentioned in eco-tourism chapter are approved subject to the following conditions:- 1. No de-notification of a forest land or a portion thereof shall be made. 2. No breaking up or clearing of a forest land or portion thereof shall be taken up. 3. Assigning any forest land or any portion thereof by the way of lease or otherwise to any authority, corporation, agency or any other organization not owned, managed or controlled by Government shall not be done. 4. No clearing of trees shall be done which have grown naturally in a forest land or a portion for the purpose using it for reforestation. 5. No new constructions shall be carried out in the name of Ecotourism. 6. No felling of trees shall be carried out. 7. Movement of people should strictly be regulated as per the carrying capacity study outcome. The prescriptions as approved shall be appropriately incorporated in the Working Plan and a copy of the Woking Plan shall be furnished to this office. Yours faithfully, Sd/- (M.K.Shambhu) Deputy Inspector General of Forests (Central).” 9. On a reading of the said order it is clear that it is not a blanket approval given to the State Government in order to carry on with the Ecotourism activity but stringent conditions are imposed in order to protect the environment and conservation of the forest area. It is also clear from the said order that the proposal made by the State Government was considered taking into account the guidelines issued under the Act 1980 and the approval was granted by making suitable modifications to the proposals made by the State Government. It is true the petitioner has put forth various aspects in regard to the destruction and havoc that can be caused by permitting tourists into the areas in question without any forest plan and carrying capacity study. It is true the petitioner has put forth various aspects in regard to the destruction and havoc that can be caused by permitting tourists into the areas in question without any forest plan and carrying capacity study. Learned counsel for the writ petitioner has also advanced various arguments in regard to the destruction that can be caused to flora and fauna and thereby affecting the animal life within the reserved forest area. However the said contentions were disputed by the Additional Advocate General as well as the learned counsel appearing for the private parties. Anyhow we are not expressing any opinion on those aspects at this point of time in view of the fact that the Government of India has granted approval under Section 2 of Act 1980 thus enabling the State Government to conduct Ecotourism activity in the areas in question and covered by Exhibits P10 and P11 proceedings and order respectively. Therefore, taking into account the said aspect, we modify the interim order passed by this court on 22.3.2019 and accordingly the order of stay granted against Exhibit P10 and P11 orders is vacated and permit the State Government to carry out Ecotourism in the areas covered by Exhibits P10 and P11 with the carrying capacity specified therein, however subject to the conditions in the approval order granted by the Government of India, Ministry of Environment & Forests dated 24.4.2019, which would be subject to the result of the writ petition. We also make it clear that the orders passed by the State Government with respect to the pandemic Covid 19 and all other Government Orders issued in the interest of protecting the environment and forests shall be strictly and scrupulously implemented while permitting tourists, and any manner of violation in that regard would be viewed strictly by this court. Before we part with the order there would be a direction to the State and its officials to ensure that the conditions in the approval of the Government of India dated 24.4.2019 is implemented strictly and without any failure. We also make it clear that the findings and observations made above are only prima facie findings and observations which will not stand in the way of the parties while addressing this court finally in accordance with the pleadings and contentions advanced.