P.P.NAOLEKAR, J. - (1.) Appellant Forest Friendly Camps Private Limited is the owner of hotels and is running the business of arranging tours of the tourists from all over the country and the world. The State of Rajasthan has established a Tiger Project in the vicinity of Ranthambore National Park with a view to attract the tourists of the country and the world to see the tigers in the sanctuary. Upto 1997 any person was entitled to enter or reside in the Park area for the purpose, inter alia, of tourism by merely obtaining permit on payment of prescribed fees. There was no restriction on the entry of vehicles but there was regulation. During this period, the Government of Rajasthan as also the Central Government encouraged eco-tourism and helped in setting up of various Hotels and Resorts around the Park area. Consequently, many hotels and resorts have been set up nearby the Park area.
(2.) The Government of Rajasthan under the Wild Life (Protection) (Rajasthan) Rules, 1977 (for short 'the Rules of 1977') introduced Roster System" for regulating tourism business by controlling vehicular entry of private vehicles. The Roster System was operated for two seasons viz. 1997-98 and 1998-99. Later on, on 24-11-1999 the Roster System was revoked and the authorities after full discussion, framed the guidelines vide order dated 20-11-1999 and the decision was taken after recognizing that number of tourists visiting the Ranthambore National Park was increasing and on account of the increased numbers, tourists had to face difficulties on numerous occasions; such difficulties pertained, inter alia, to non-availability of vehicles, extraction of higher rates by the vehicle drivers, shortening of journeys inside the Park, misbehaviour by the Guides with tourists and tourists are left at their own fate without making proper arrangements for safari trips.
(3.) The policy also recognize that the tourism in the Park should be eco-friendly; that number of vehicles on one particular route ought to be limited; the system of reservation of vehicles and provision for Guides for tourists must be substantially improved and that tourism within the Park must be encouraged by providing sufficient staff. Accordingly, by the said decision, seven routes were identified upon which the tourist vehicles like Maruti Gypsies and Minibuses were permitted after registration with the Office of the competent authority. A fee of Rs. 5000.00 (Rs. five thousand) was prescribed for such registration and a further amount of Rs. 5000.00 (Rs. five thousand) was to be kept as deposits. Several safeguards in respect of the type and quality of the vehicles were also prescribed and in particular the vehicle was compulsorily required to have pollution control certificate. In regard to Hotel industry, it was expressly required that entry of their own guests/tourists in the Park was their responsibility and not the responsibility of the Forest or Tourism Department and the provision of Maruti Gypsies and Canters has to be made by them. The reservation of the vehicles was the responsibility of the Tourism and Forest Department.;