Case Note & Summary
The dispute arose from a special leave petition filed by the Andaman and Nicobar Islands Administration against a judgment of the Calcutta High Court, which had dismissed their appeal against a single judge's order quashing a notification that prohibited commercial activities within a Buffer Zone around the Jarawa Tribal Reserve. The notification, issued on 30.10.2007, declared a five-kilometer radius around the reserve as a Buffer Zone, restricting entry to members of the aboriginal tribe only. The Supreme Court heard arguments regarding the continuance of commercial activities in this area, with the petitioners arguing for limited exceptions while the respondents insisted on strict adherence to the prohibition. The court reviewed the notification and determined that the prohibition was absolute and unconditional. It emphasized that until the notification was amended or rescinded, no commercial activities could be permitted. The court directed the Principal Secretary and other officials to ensure compliance with this order, warning that any violations would result in contempt proceedings. The judgment underscored the importance of protecting the rights and welfare of the aboriginal tribes in the region.
Headnote
A) Administrative Law - Prohibition of Commercial Activities - Absolute prohibition on commercial activities in Buffer Zone - Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956, Section 3(1) - The court held that the prohibition contained in the notification dated 30.10.2007 is unconditional, and no commercial or tourism-related activities can be allowed until the notification is rescinded or amended. The court directed total compliance with the prohibition and warned of contempt for any breach (Paras 5-6).
Issue of Consideration
Whether commercial and tourism-related activities can be permitted within the Buffer Zone around the Jarawa Tribal Reserve.
Final Decision
The Supreme Court upheld the absolute prohibition on commercial and tourism-related activities within the Buffer Zone as per the notification dated 30.10.2007 and directed total compliance with the prohibition, warning of contempt for any violations.
Law Points
- Prohibition of commercial activities
- compliance with regulations
- protection of aboriginal tribes
