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2021 Supreme(Online)(KER) 50587

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
WAYANAD PRAKRITHI SAMRAKSHANA SAMITHI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.M.P.PRAKASH
For the Respondents: Sri. B.MURALEEDHARAN, SR GP for R1 to R7, Sri.B.PRAMOD, CGC for R9

Table of Content
1. challenge of legality of non-forestry activities in forest land. (Para 1 , 2 , 3)
2. concerns over socio-economic projects for tribal welfare. (Para 4 , 5 , 6 , 7)
3. jurisdiction of national green tribunal over environmental matters. (Para 12 , 13 , 21)
4. the necessity for compliance with the forest conservation act. (Para 17 , 19 , 22)

JUDGMENT

Dated this the 22 nd day of February, 2021

S.Manikumar, C.J.

Wayanad Prakrithi Samrakshana Samithi, represented by its President, Wayanad, has filed this writ petition for the following reliefs:

“ (i) Issue a writ in the nature of a mandamus or any other writ, direction or order commanding the respondents not to carry on any non forestry activity in the land covered by Ext. P2 Notifications, without complying with the provisions contained in Section 2 of the Forest (Conservation) Act, 1980 ;

(ii) Issue a writ in the nature of a mandamus or any other writ, direction or order commanding the respondents to return the vested forest lands covered by Ext. P2 notifications and remain unassigned to the tribal community for agriculture to the forest department for conservation of forest, in the larger environmental interest;

(iii) Iss

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