SUO MOTU v. State Of Kerala Represented By The Chief Secretary
2022-06-30
ANIL K.NARENDRAN, P.G.AJITHKUMAR
body2022
DigiLaw.ai
ORDER : Anil K. Narendran, J. The Special Commissioner, Sabarimala, has filed this report pursuant to the order of this Court dated 16.02.2022 in DBP No.3 of 2022. That DBP relates to the leasing out of Pamba-Triveni Manappuram to Shri Nandakishore Bajoria Charitable Trust for conducting a programme by name 'Ramakatha', from 19.02.2022 till 27.02.2022. That DBP was disposed of with various directions and the Special Commissioner, Sabarimala, was directed to submit a report as to the measures that have to be taken to ensure that similar incidents are not repeated at Pamba Manappuram, in future. 2. In the report dated 09.03.2022 filed by the Special Commissioner, Sabarimala, based on which this DBP is registered, it is stated that Pamba and Sabarimala are declared as Special Security Zones by the Kerala Police. After the flood in the year 2018, Pamba Manappuram and Pamba river had undergone geographical changes. Due to the deposit of pebbles and silt, the riverbed has raised considerably. Ramamoorthy Mandapam, a semi-permanent auditorium in Pamba Manappuram is completely washed out. Pamba Manappuram is an important transit point for Sabarimala pilgrims. They perform ritual bathing, ablutions and balitharpanam at Pamba. From the point of crowd management as well Pamba Manappuram assumes importance during festival seasons and also when Sabarimala Temple opens for Masa Pooja (monthly pooja). 3. In the report, the Special Commissioner has stated that the Board can use Pamba Manappuram only for providing amenities and facilities for pilgrims. During the last few seasons flash flood occurred in Pamba, which inundated Pamba Manappuram unexpectedly. Therefore, it is not advisable to use Pamba Manappuram for erecting huge temporary sheds, tents and auditoriums, like the constructions made by Shri Nandakishore Bajoria Trust. The monsoon season commences from June and it continues till September. In November, December and February, due to Sabarimala pilgrimage and the presence of a large number of pilgrims, programmes which require erection of temporary sheds occupying the space of Pamba Manappuram is not possible. In the report dated 09.03.2022, the Special Commissioner, Sabarimala, has suggested various measures, if the Board is desirous of conducting any such programmes in future, for providing amenities and facilities for pilgrims or for the benefit of Sabrimala pilgrims or if cultural organisations intend to conduct functions at Pamba Manappuram for the benefit of the pilgrims. 4.
In the report dated 09.03.2022, the Special Commissioner, Sabarimala, has suggested various measures, if the Board is desirous of conducting any such programmes in future, for providing amenities and facilities for pilgrims or for the benefit of Sabrimala pilgrims or if cultural organisations intend to conduct functions at Pamba Manappuram for the benefit of the pilgrims. 4. On 11.03.2022, when this DBP came up for consideration, the learned Senior Government Pleader, the learned Special Government Pleader (Forests) and also the learned Standing Counsel for Travancore Devaswom Board sought time to file statement. 5. Heard the learned Senior Government Pleader for respondents 1, 2, 5, 6 and 8, the learned Special Government Pleader (Forest) for respondents 9 and 10, the learned Standing Counsel for Travancore Devaswom Board for respondents 3, 4 and 7 and the learned Amicus Curiae for the Special Commissioner, Sabarimala. 6. The issue, which requires consideration in this DBP is as to whether Pamba Manappuram can be permitted to be used for putting up temporary constructions in connection with programmes organised by the Travancore Devaswom Board or any other organisations. Admittedly, the land at Pamba Manappuram is leased out to the Travancore Devaswom Board for the specific purpose of providing pilgrim facilities. 7. Sabarimala Temple, which is situated inside Periyar Tiger Reserve, is a prominent pilgrim centre in Kerala, where lacks of pilgrims trek the rugged terrains of Western Ghats to have darsan of Lord Ayyappa. Sabarimala Temple and Malikappuram Temple come under the Travancore Devaswom Board. At Pamba Ganapathy Temple, which is a holy spot on the way from Pamba to Sannidanam, is dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam. Pamba Ganapathy Temple also has subsidiary shrines dedicated to Nagarajavu, Goddess Parvati Devi, Adimoola Ganapati, Hanuman Swami, and Bhagvan Sree Rama. The main offering at Pamba Ganapathi Temple is coconut. The pilgrims trekking to Sannidanam carry an extra coconut to break it at Pamba Ganapathi Temple, before climbing the mountain. 8. DBP No.3 of 2022 was initiated as suo motu proceedings based on a news item that appeared in Mathrubumi daily that, the Travancore Devaswom Board has leased out Pamba-Triveni Manappuram to a Trust for conducting programme by name 'Ramakatha', from 19.02.2022 till 27.02.2022. Under the initiative of the said Trust, Pamba-Triveni Manappuram and its surroundings are cleaned. Activities relating to the erection of 'pantal' are going on.
Under the initiative of the said Trust, Pamba-Triveni Manappuram and its surroundings are cleaned. Activities relating to the erection of 'pantal' are going on. The parking area and the helipad at Nilakkal are also leased out on depositing rent and necessary charges for the supply of electricity and water. Nilakkal and Pamba are 'High-Security Zone' and there is no clarity as to whether Police clearance has already been obtained for conducting the programme and the use of helipad. 9. In the order dated 16.02.2022 in DBP No.3 of 2022, this Court found that, when the land at Pamba Manappuram is leased out to the Travancore Devaswom Board for the specific purpose of providing pilgrim facilities, the Board should not have permitted Shri Nandkishore Bajoria Charitable Trust, the 10th respondent therein, to put up structures in connection with the programme ‘Ramakatha’. The construction of temporary structures was going on from 24.01.2022, and a major portion of Pamba Manappuram was occupied by these structures, which were causing obstruction and inconvenience to the pilgrims proceeding to Sannidhanam, through Pamba Manappuram, from 13.02.2022 onwards, in connection with 'Kumbamasa Pooja'. Since no such constructions can be permitted in Pamba Manappuram, this Court ordered that such constructions have to be removed forthwith and that, no such constructions shall be utilised for conducting the programme 'Ramakatha' by the said Trust from 19.02.2022 till 27.02.2022. This Court found that, any permission granted by the Travancore Devaswom Board for undertaking such constructions, based on its decision referred to in the communication dated 31.12.2021 [Ext.R10(b) in DBP No.3 of 2022] is per se illegal. Therefore, respondents 2 to 7 herein and also the 9th respondent Deputy Director, Periyar West Forest Division were directed to take necessary steps to ensure that the constructions made by Shri Nandkishore Bajoria Charitable Trust at Pamba Manappuram, as evidenced by the photographs reproduced in the order dated 16.02.2022, are removed without any delay. 10. In the order dated 16.02.2022 in DBP No.3 of 2022, this Court noticed the specific stand taken by the learned Standing Counsel for the Travancore Devaswom Board that, the use of helipad at Nilakkal will be strictly in conformity with the requirements of the ‘Minimum Safety Requirement for Temporary Helicopter Landing Area’ [Annexure R3(e)], as directed by the Director General of Civil Aviation, with the prior permission of the competent authorities and the prior intimation to the District Administration. 11.
11. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. 12. Clause (a) of Section 2 of the Act defines the term ‘Board’ to mean the Travancore Devaswom Board constituted under Chapter II of the Act in accordance with the covenant. Clause (c) of Section 2 defines the term ‘incorporated Devaswoms’ to mean the Devaswoms mentioned in Schedule I, and ‘unincorporated Devaswoms’ to mean those Devaswoms including Hindu Religious Endowments whether in or outside Travancore which were under the management of the Ruler of Travancore and which have separate accounts of income and expenditure and are separately dealt with. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 13. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. As per Section 3, the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation, 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board. 14. Section 4 of the Act deals with constitution of the Travancore Devaswom Board. As per sub-section (2) of Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board. 15. Section 15 of the Act deals with vesting of jurisdiction in the Board.
15. Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. 16. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 17. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational uplift, social and cultural advancement and economic betterment of the Hindu community. 18. Section 27 of the Act deals with Devaswom properties.
18. Section 27 of the Act deals with Devaswom properties. As per Section 27, immovable properties entered or classed in the revenue records as Devaswom Vaga or Devaswom Poramboke and such other Pandaravaga lands as are in the possession or enjoyment of the Devaswoms mentioned in Schedule I after the 30th Meenam, 1097 corresponding to 12th April, 1922, shall be dealt with as Devaswom properties. The provisions of the Land Conservancy Act of 1091 (IV of 1091) shall be applicable to Devaswom lands as in the case of Government lands. 19. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated, and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 20. In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, conclusion is irresistible that, the administration of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the Act, and all its properties and funds shall vest in the Travancore Devaswom Board. The Board shall hold and acquire properties for and on behalf of Sabarimala Devaswom, under the management of the Board. Subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of the Sabarimala Devaswom shall vest in and be exercised by the Board in accordance with the provisions of this Act and the Board shall exercise all powers of direction, control and supervision over the Devaswom. 21. Under the provisions of the Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies.
The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage. 22. In the order dated 16.02.2022 in DBP No.3 of 2022, this Court noticed that Shri Nandakishore Bajoria Trust, the 10th respondent therein, submitted an application dated 24.11.2021 [Ext.R10(a)] before the Executive Officer, Pamba, wherein it is stated that the programme organised and sponsored by the Trust, with a limited audience of 40-60 people, will be aired live on Aastha TV channel. As per the said application, the requirements for the programme are as follows; “New Annadhana Mandapam - full building – kitchen dining and labour stay (50 to 100 staff); space for putting up 10 to 30 VIP tents in the space between new and old Annadhana Mandapam; 10,000 sq.ft. space at Pamba Manappuram from Triveni Bridge to Foot Bridge for VIP tents and ‘Katha Pandal’; space at Pamba Manappuram from Foot Bridge Aarattu Kadavu for temporary house for Morari Bapu; 10 rooms at Pamba; parking space for cars; Nilakkal helipad; water and electricity, permission to shoot the event and make it live in Aastha TV channel; recommendation to Forest and Health Departments; recommendation to Police and Fire Services; arrangement for Sabarimala darshan of Morari Bapu on 17.02.2022.” The Trust sought permission to have access to the aforesaid space and facility from 21.01.2022. 23. During the course of arguments in DBP No.3 of 2022, the learned Special Government Pleader (Forest) made available for the perusal of this Court a few photographs to show the nature of constructions undertaken by Shri Nandakishore Bajoria Trust at Pamba Manappuram for conducting the programme 'Ramakatha' from 19.02.2022 till 27.02.2022. The photographs reproduced in paragraph 48 of the order dated 16.02.2022 in DBP No.3 of 2022 are reproduced hereunder; 24. In the order dated 16.02.2022 in DBP No.3 of 2022, this Court noticed that, as evident from the aforesaid photographs, temporary structures have been put up at Pamba Manappuram, which is leased out to the Travancore Devaswom Board, vide Government Order dated 28.12.1970 for providing pilgrim facilities.
In the order dated 16.02.2022 in DBP No.3 of 2022, this Court noticed that, as evident from the aforesaid photographs, temporary structures have been put up at Pamba Manappuram, which is leased out to the Travancore Devaswom Board, vide Government Order dated 28.12.1970 for providing pilgrim facilities. The construction of temporary structures was going on from 24.01.2022 onwards. As per the application dated 24.11.2021 [Ext.R10(a) in DBP No.3 of 2022] of Shri Nandakishore Bajoria Trust, one of the requirements was to provide dining and labour stay for 50-100 staff, who were employed for putting up structures like VIP tents, 'Katha Pandal', etc. As evident from the photographs, a considerable extent of Pamba Manappuram was occupied by the said Trust, with effect from 24.01.2022. After putting up such temporary structures, the entire area was fenced with tin-fence. In the order dated 16.02.2022 in DBP No.3 of 2022, this Court noticed the submission of the learned Standing Counsel for the Travancore Devaswom Board that, but for the constructions undertaken by the Trust, the aforesaid area in Pamba Manappuram could have been used by the pilgrims during 'Kumbamasa Pooja' from 13.02.2022 to 17.02.2022. 25. In A.A. Gopalakrishnan v. Cochin Devaswom Board [ (2007) 7 SCC 482 ] a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards are required to be protected and safeguarded by their trustees/archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. Such acts of ‘fences eating the crops’ should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. 26. In Travancore Devaswom Board v. Mohanan Nair [ 2013 (3) KLT 132 ] a Division Bench of this Court noticed that in A.A. Gopalakrishnan [ (2007) 7 SCC 482 ] the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions.
26. In Travancore Devaswom Board v. Mohanan Nair [ 2013 (3) KLT 132 ] a Division Bench of this Court noticed that in A.A. Gopalakrishnan [ (2007) 7 SCC 482 ] the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The relevant principles under the Hindu law will show that the Deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court therefore is the guardian of the Deity and apart from the jurisdiction under Section 103 of the Land Reforms Act, 1957 viz. the powers of revision, the High Court is having inherent jurisdiction and the doctrine of parents patriae will also apply in exercising the jurisdiction. Therefore, when a complaint has been raised by the Temple Advisory Committee, which was formed by the devotees of the Temple, about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in these proceedings. 27. In Mrinalini Padhi v. Union of India [2018 SCC OnLine SC 667] - order dated 05.07.2018 in W.P.(C)No.649 of 2018 - the Apex Court noticed that the issue of difficulties faced by the visitors, exploitative practices, deficiencies in the management, maintenance of hygiene, proper utilisation of offerings and protection of assets may require consideration with regard to all Shrines throughout India, irrespective of religion practised in such shrines. It cannot be disputed that this aspect is covered by List III Item 28 of the Seventh Schedule to the Constitution of India and there is a need to look into this aspect by the Central Government, apart from State Governments. Section 92 of the Code of Civil Procedure, 1908 permits a court also to issue direction for making a scheme or making an arrangement for any charitable or religious institution. Accordingly, the Apex Court directed that, if any devotee moves the jurisdictional District Judge throughout the India with any grievance on the above aspect, the District Judge may either himself/herself or by assigning the issue/ matter to any other court under his/her jurisdiction examine above aspects and if necessary send a report to the High Court.
Accordingly, the Apex Court directed that, if any devotee moves the jurisdictional District Judge throughout the India with any grievance on the above aspect, the District Judge may either himself/herself or by assigning the issue/ matter to any other court under his/her jurisdiction examine above aspects and if necessary send a report to the High Court. The High Court will consider these aspects in public interest, in accordance with law, and issue such judicial directions as becomes necessary having regard to individual fact situation. 28. In Nandakumar v. District Collector and others [ 2018 (2) KHC 58 ] a Division Bench of this Court noticed that the legal position has been made clear by the Apex Court as to the role to be played by the High Court in exercising the ‘parens patriae’ jurisdiction in Gopalakrishnan v. Cochin Devaswom Board [ (2007) 7 SCC 482 ]. The said decision was referred to and relied on by a Division Bench of this Court in Travancore Devaswom Board v. Mohanan Nair [ 2013 (3) KLT 132 ]. 29. In the order dated 16.02.2022 in DBP No.3 of 2022, this Court noticed the request made on 24.01.2022 [Ext.R10(c)] by Shri Nandakishore Bajoria Trust, before the Chief Wildlife Warden for providing elephant squad at Pamba from 24.01.2022 to 28.02.2022, wherein it was stated that the cleaning and setting up of temporary tents at Pamba Manappuram started from 24.01.2022. The learned Special Government Pleader (Forest) pointed out that, during Mandala-Makaravilakku Festival, there were obstructions to the movements of pilgrims due to the presence of elephants on the route from Nilakkal to Pamba and other places. For nearly 15 occasions, there were obstructions to the movement of pilgrims by elephants. The learned Standing Counsel for Travancore Devaswom Board pointed out that the presence of elephants is noticed near Pamba mainly during off-season. 30. In the order dated 16.02.2022 in DBP No.3 of 2022, this Court noticed the specific stand taken by the learned Special Government Pleader (Forest) that the area, where temporary constructions including erection of sheds have been made by Shri Nandakishore Bajoria Trust for the programme ‘Ramakatha', comes within the boundary of the Periyar Tiger Reserve-West Division. This area was constituted as a Game Reserve/Wildlife Sanctuary in 1950 under the Travancore Forest Regulation, 1068 (1893).
This area was constituted as a Game Reserve/Wildlife Sanctuary in 1950 under the Travancore Forest Regulation, 1068 (1893). The adjoining area on the south is part of Konni Reserve Forest, which comes under the Goodrickal Forest Range of Ranni Forest Division, which is an immensely rich biodiversity area. The subject matter land is part of Mount Plateau area which was declared as a Game Sanctuary/Wildlife Sanctuary along with two other areas in the year 1950. Periyar Lake Reserve Forest area was declared as Game Sanctuary by name 'Periyar Wildlife Sanctuary Proper' and the Mount Plateau area, within which the subject matter area comes, was declared as Game Sanctuary by name 'Annex No.2 to the Wildlife Sanctuary (Mount Plateau)' and Rattendon Valley area was declared as Game Sanctuary by name 'Annex No.1 to the Wildlife Sanctuary (Rattendon Valley)'. The above three areas namely Periyar Wildlife Sanctuary Proper and Annex No.1 and Annex No.2 to the Wildlife Sanctuary constitute the Periyar Wildlife Sanctuary. 31. Having considered the submissions made at the bar, we find that, when the land at Pamba Manappuram is leased out to the Travancore Devaswom Board specifically for providing pilgrim facilities, the Board, which has a statutory duty under Section 15A of the Act to see that regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly and to establish and maintain proper facilities in Sabarimala for the devotees cannot lease out Pamba Manappuram, which is an important transit point for Sabarimala pilgrims, where the pilgrims perform ritual bathing, ablutions and balitharpanam, for erecting temporary constructions for the purpose of conducting programmes by the Board or other organisations. As per the statutory mandate of Section 31 of the said Act, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of daily worship and ceremonies and of the festivals in Sabarimala Temple according to the usage. 32. As evident from the photographs reproduced hereinbefore at paragraph 23, considerable extent of Pamba Manappuram was occupied by the temporary structures erected by Shri Nandakishore Bajoria Trust. After putting up such temporary structures, the entire area was fenced with tin-fence. The nature of constructions made by the said Trust consists of VIP tents, ‘katha pandal’ for performing ‘Ramakatha’, etc.
32. As evident from the photographs reproduced hereinbefore at paragraph 23, considerable extent of Pamba Manappuram was occupied by the temporary structures erected by Shri Nandakishore Bajoria Trust. After putting up such temporary structures, the entire area was fenced with tin-fence. The nature of constructions made by the said Trust consists of VIP tents, ‘katha pandal’ for performing ‘Ramakatha’, etc. Such activities in Pamba Manappuram, which is specifically leased out to Travancore Devaswom Board for providing pilgrim facilities, cannot be permitted and the Manappuram has to be maintained without any such constructions, for performing ritual bathing, ablutions and balitharpanam by the pilgrims. 33. In the order dated 01.04.2019 in W.P.(C)No.10006 of 2019 [Ajay Tharayil and another v. State of Kerala and others], this Court has made it clear that, so far as Sabarimala Temple is concerned, the construction in the area allotted to Devaswom, which is in a dense forest, shall be minimal, maintaining the ecological balance and avoiding any environmental threat. Same is the position with regard to Pampa and Nilakkal as well and it is bordering the 'Periyar Tiger Reserve'. Sabarimala cannot be made a 'tourist spot', but a holy pilgrim destination. 34. When Pamba Manappuram assumes importance from the point of crowd management during festival season and also when Sabarimala Temple opens for Masa Pooja (monthly pooja), no constructions can be permitted at Pamba Manappuram. Pamba and Sabarimala are declared ‘Special Security Zones’ by the Kerala Police. Pamba Manappuram falls within the boundary of Periyar Tiger Reserve-West Division. The land at Pamba Manappuram is leased out to the Travancore Devaswom Board, specifically for providing pilgrim facilities, which cannot be permitted to be used for putting up structures like VIP tents, ‘Katha pandal’ or other temporary structures for conducting programmes, conventions, etc., especially when, during the last few seasons, flash floods occurred in Pamba, which inundated Pamba Manappuram unexpectedly as stated in the report of the learned Special Commissioner, Sabarimala. The photographs of the temporary constructions on Pamba Manappuram, reproduced hereinbefore at paragraph 23, would show that the temporary structures occupied a considerable extent of Pamba Manappuram. But for such constructions, the aforesaid area in Pamba Manappuram could have been used by the pilgrims during ‘Kumbamasa Pooja’. Such activities cannot be permitted in Pamba Manappuram, which has to be maintained without any constructions, for the pilgrims to perform ritual bathing, ablutions and balitharpanam.
But for such constructions, the aforesaid area in Pamba Manappuram could have been used by the pilgrims during ‘Kumbamasa Pooja’. Such activities cannot be permitted in Pamba Manappuram, which has to be maintained without any constructions, for the pilgrims to perform ritual bathing, ablutions and balitharpanam. Similarly, the use of helipad at Nilakkal has to be restricted for the pilgrims during festival seasons and ‘Masa Pooja’ (monthly pooja) and also for emergency operations. The use of the helipad shall be strictly in conformity with the requirements of the ‘Minimum Safety Requirement for Temporary Helicopter Landing Area’ [Annexure R3(e)], as directed by the Director General of Civil Aviation, with the permission of the competent authorities and prior intimation to the District Administration. With the above directions, this DBP is disposed of.