JUDGMENT : Rakesh Thapliyal, J. 1. Miscellaneous application being MCC No. 14775 of 2024, has been preferred by the Dayara Paryatan Utsav Samiti for seeking direction that Divisional Forest Officer be directed to lift the restriction of two hundreds devotees to participate in the butter festival and permit all the devotees/tourists/persons to participate in forthcoming butter festival. 2. This PIL was decided by earlier Bench of this Court by judgment and order dated 21.08.2018 and certain directions have been issued to the State Authorities which is reflected from para 33. As it appears from the application moved by the Dayara Paryatan Utsav Samiti that they are seeking direction due to the restriction imposed by this Court in para 33 (c) of the judgment rendered by this court in this PIL dated 21.08.2018. 3. It is submitted by the learned counsel for the applicant that this society is registered under Societies Registration Act, 1860 and is involved in various developmental activities within the State of Uttarakhand including organization and management of traditional festivals such as Butter Festival or Andhuri Utsav in Dayara Bugyal. He further submits that the Butter Festival takes place every year on Sankranti of Bhadrapad month during rainy season for almost nine decades in Dayara Bugyal by the residents of Raithal Village, District Uttarkashi. 4. It is further submitted that this traditional festival is being organized by the villagers who believe that the grass and medicinal plants in Dayara Bugyal bestow life and good health on their cattle and this festival is also known as ‘Andhuri’ and the purpose of this festival for the villagers is to express their gratitude to mother nature for her blessings and for keeping their livestock healthy. He further submits that the villagers invited their near and dear ones in the festival who are the original residents of village Raithal. He further submits that during the Butter Festival the villagers perform worship of Lord Krishna and express their thankfulness to Lord Krishna for his blessings on their livestock and it is also believed by the local residents that Lord Sameshwar on Sankranti of Bhadrapad month comes down to the Bugyals and give blessings to the residents and their cattle. He further submits that during the Butter Festival the villagers perform worship of Lord Krishna and express their thankfulness to Lord Krishna for his blessings on their livestock and it is also believed by the local residents that Lord Sameshwar on Sankranti of Bhadrapad month comes down to the Bugyals and give blessings to the residents and their cattle. It is further submitted that this festival is organized for two days followed by a feast which is prepared about one and half kilometer away from Dayara Bugyal and is served to the participants/villagers and their relatives and also during this festival cultural programs are also organized, so as to keep culture of the villagers/ community alive. He further submits that this cultural program plays a significant role in development and advertisement of the local culture. 5. Learned counsel for the applicant submits that due to the restriction, as imposed by this Court, the Divisional Forest Officer though permitted the society to perform the Butter Festival as per its schedule, but put a restriction on the presence of only 200 persons on the ground as the festival is harmful to the ecological balance of Dayara Bugyal. It is further submitted that the ban so imposed by the Divisional Forest Officer is wholly unreasonable. It is submitted that since the said festival was being witnessed by thousands of tourists coming from different parts of the country and also by the foreigners, and, hence the restriction so imposed by the Divisional Forest Officer is required to be lifted as such the festival becomes a big source of income to the State of Uttarakhand. Thereafter, an affidavit was filed by the applicant/society on 08.08.2024 wherein in para 5 it is stated that the applicant/ society undertakes that only fifteen hundred persons would visit the festival area on 15.08.2024 and 16.08.2024, that too in a batch of 200 persons for one hour. The society also undertakes to clean the area, i.e, the area where festival would take place each day, i.e, 15.08.2024 and 16.08.2024. 6. Today, Mr. Niranjan Bhatt, a practicing lawyer of this High Court, who belongs to District Uttarkashi of Tehsil Bhatwari, District Uttarkashi filed an affidavit. Mr. Navneet Kaushik, learned counsel put his appearance on behalf of the Niranjan Bhatt, the Advocate and in the said affidavit it is stated that the Butter Festival is a local festival. 6. Today, Mr. Niranjan Bhatt, a practicing lawyer of this High Court, who belongs to District Uttarkashi of Tehsil Bhatwari, District Uttarkashi filed an affidavit. Mr. Navneet Kaushik, learned counsel put his appearance on behalf of the Niranjan Bhatt, the Advocate and in the said affidavit it is stated that the Butter Festival is a local festival. It is also stated in para 5 of this affidavit that in the present monsoon season various flowers and medicinal plants are growing in the said Dayara Bugyal and various wild animals have given birth to their babies. It is also submitted that if more than 200 persons are permitted to visit the said Dayara Bugyal in this monsoon season then it will cause irreparable loss to the ecology of the said place, causing damage to the flowers, plants and also animals living there. 7. During course of the arguments, certain photographs which were received from the local villagers, namely, Jagmohan Singh are taken on record and it is also brought to the notice that some persons have prepared for installation of heavy sound system in Dayara Bugyal which will cause noise pollution affecting the life of wild animals also. 8. It is also submitted by Mr. Navneet Kaushik, learned counsel that the Butter Festival is only a festival of local villagers being celebrated in Dayara Bugyal situated in high altitude area of Himalaya Region and if more than 200 persons are permitted to attend the festival then it will definitely cause irreparable loss to the ecology of the area. It is also submitted by Mr. Navneet Kaushik, learned counsel that some persons are raising certain construction in the area which is also impermissible and it will disturb the ecology of the entire area. 9. After hearing the arguments of the learned counsel for the parties, and further after going through with the application filed by the Society as well as the affidavit filed by Mr. Navneet Kaushik, learned counsel that some persons are raising certain construction in the area which is also impermissible and it will disturb the ecology of the entire area. 9. After hearing the arguments of the learned counsel for the parties, and further after going through with the application filed by the Society as well as the affidavit filed by Mr. Niranjan Bhatt, the Advocate who belongs to the said area, this Court is of the view that since by detailed judgment and order dated 21.08.2018, this Court put restriction in the said area and, this Court clearly observed in the order that it is the duty of the every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures, therefore, this Court is of the view that no compromise can be done in order to protect and improve the natural environment, particularly, now a days when in every area due to natural calamity there is large number of soil erosion. This festival is admittedly a local festival and by detailed order this Court put restriction, as such, we will not permit more than 200 persons to attend the festival. 10. Accordingly, we do not find any merit in the application, and the same is dismissed.