Review jurisdiction limited to new evidence despite due diligence, error apparent on record, or analogous sufficient reason; cannot re-argue merits, introduce overlooked arguments, or serve as appeal substitute.

ORDER

1. This Tribunal while considering the relevant facts narrated by the parties in Original Application No. 153/2023 (CZ), titled Hemraj Meena Vs. Union of India & Ors., relating to illegal permanent construction within the boundaries of Nahargarh Wildlife Sanctuary, eco-sensitive zone passed an order as follows :-

1. “In view of the above discussion and the records conclusions and directions are as follows:-

1. Khasra No. 134 and 135 of village Nahargarh are integral part of the Nahargarh Wildlife Sanctuary.

2. The commercial establishments of hotels and resorts are enumerated at serial No. 12 of the list of activities prohibited or to be regulated and as per Serial No. 12 and 13, no new commercial hotels and resorts shall be permitted within the protected area up to the extent of eco-sensitive zone.

3. Any construction within the Khasra No. 134 and 135 of village Nahargarh is violative of eco-sensitive zone and Wildlife Sanctuary Act, 1972 and in violation of the rules.

4. The respondents are directed to strictly follow the guidelines and the provisions contained in the ESJ notifications pertaining to the respective areas with regard to prohibited activities, regulated activities and permissible activities and any construction raised in violation of notification shall be immediately undone according to the rules by the monitoring committee. And any matter arising out of the actions be placed before the monitoring committee to decide it and to take immediate action and to enforce the rule of law.

5. The monitoring committee quoted above is directed to strictly follow the guidelines and take necessary action according to rules and to ensure that there should not be violation of environmental laws.

6. Activities within the area should be regulated in accordance with guidelines issued and we further direct that while granting Environmental Clearances/Forest Clearances for project activities in eco-sensitive zone, the District Administration and State shall strictly follow provisions contained in the Office Memorandum dated 17.05.2022 issued by the MoEF&CC. The matter of dispute coming within the provisions of Forest Act and other Acts shall be placed before Settlement Officer (Forest) for demarcation and identification of land and the Settlement Officer (Forest) shall decide the matter in accordance with the rules and anyone aggrieved by the order of Settlement Officer (Forest), has a right to appeal or revision according to law.

7. The monitoring committee as constituted in Section 5 of the notification is directed to periodically monitor and to ensure that the guidelines issued and the orders of the Hon’ble Supreme Court are strictly complied with in accordance with the rules.

8. Respondents, District Collector, Jaipur and the Chairman of the Monitoring Committee is directed to ensure that there shall not be any illegal and non-forest activities within Nahargarh Wildlife Sanctuary and also within eco-sensitive zone and operation of any commercial establishment in violation of eco-sensitivity zone and wildlife sanctuary Nahargarh must be strictly taken into the records for proper necessary action.

2. A copy of this order be forwarded to Principal Secretary (Environment), Principal Secretary (Forest), Principal Chief Conservator of Forest, Collector/Chairman, Monitoring Committee, Jaipur for information and necessary action according to rules.”

2. Aggrieved by the order this review application has been filed by the applicant on the ground