N.K.SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) R.P. No.316 of 2017 is filed by the appellants in MFA No.46 of 2010 seeking review of the judgment in the appeal and R.P. No.741 of 2017 has been filed by the aforesaid persons, who are respondents in MFA No.54 of 2010, which appeal was filed by the State. R.P. No.645 of 2017 is filed by the State seeking review of the judgment in MFA No.54 of 2010.

(2.) MFA No.46 of 2010 was filed by the aforesaid private parties and the State of Kerala had filed MFA No.54 of 2010 and both appeals were against the order passed by the Kerala Forest [Vesting and Management of Ecologically Fragile Lands] Tribunal, Palakkad in O.A. No.45 of 2008. The said OA, filed by the aforesaid private parties, was disposed of by the Tribunal by its order dated 18.12.2009 holding that 13.27 Acres of land comprised in Survey No.428J/5 of Kavassery-I Village in Alathur Taluk is not an ecologically fragile land. It was further held that 4 Acres of land in Survey No.428J/4 and 63 cents of land in Survey No.428J/3 of Kavassery-I Village, forming rocky area, declared as a reserved forest and lying contiguous to reserved forest, are to be treated as ecologically fragile land.

(3.) The applicants before the Tribunal filed MFA No.46 of 2010 aggrieved by the order of the Tribunal to the extent 4.63 Acres of land, the rocky area, is an ecologically fragile land, whereas the State filed MFA No.54 of 2010 impugning the order of the Tribunal to the extent it held 13.27 Acres of land in Survey No.428J/5 of Kavassery-I Village is not an ecologically fragile land. These two appeals were heard together and this Court, by judgment dated 15.03.2017, upheld the finding of the Tribunal in its entirety and dismissed the appeals. It is seeking review of the judgments rendered by this Court, these petitions are filed.