SHANMUKHA C. Vs. GIREESH ACHAR

JUDGEMENT

(1.) I.A.No.1 of 2024 is an application seeking condonation of delay of 245 days in filing the recall application. For the reasons stated in the application, the same is allowed and the delay of 245 days in filing the recalling application is condoned.

(2.) I.A No. 1 of 2023 is an application seeking recall of the order dtd. 1/3/2023 whereby the above-captioned review petition was dismissed. The review petitioner has since cured the objections and therefore, the order dtd. 1/3/2023 is recalled and the review petition is restored.

(3.) The review petitioner has filed the present petition seeking review of the order dtd. 4/3/2021 passed by the Co-ordinate Bench of this Court in Writ Petition No.43037 of 2019 (GM-FOR- PIL). The said petition was filed as a public interest litigation, inter alia impugning a notification dtd. 23/2/2017 passed by the Government of Karnataka, whereby certain forest lands were reserved in exercise of powers under Sec. 28 of the Karnataka Forest Act, 1963. The Court found that the said notification had been issued without prior approval of the Central Government which was required, in terms of Sec. 2 of the Forest (Conservation) Act, 1980 [hereafter the '1980 Act']. The Court also found that the Government of Karnataka had not followed the directions issued by the Supreme Court in T.N. Godavarman Thirumulkpad v. Union of India & Others : (1997 (2) SCC 267).