Phinto Pa vs Union Of India on 9 February, 2022
44. Further, the same questions have been raised before the
Hon'ble High Court of Kerala in Peter vs. Union of India and
this issue has been answered in favour of the applicant in that
case and certain directions have been issued against which an
appeal has been preferred by the 6th respondent and in the Writ
Appeal the Hon'ble High Court has granted stay after
34
discussing the matter in length and also considering the fact
the legality of the decisions relied on by the Hon'ble Single
Judge in the Writ Petition has been referred to a full Bench and
till then the order passed by the Hon'ble Single Judge has to be
stayed. So under such circumstances the question as to
whether that it still remains to be reserved forest, whether the
provisions of the Forest (Conservation) Act, 1980 will apply or
not are matter under sub-judice under various Writ Petition
filed before the Hon'ble High Court of Kerala and the Tribunal
cannot in a parallel proceedings decide that issue in an
application filed by the applicant during the pendency of those
lititations.