Forest transit pass an essential if mining lease located in forest land : Karnataka HC
Title: M/S THAKUR INDUSTRIES v STATE OF KARNATAKA
Citation: WRIT PETITION NO. 22698 OF 2023
Dated on: 11.1.2024
Corum: HON’BLE MR PRASANNA B. VARALE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE KRISHNA S DIXIT
Facts of the case:
In this present case the M/S Thankur Industries filed a writ of mandamus against the state of Karnataka and the forest authority to seek relief against the rules of mining lease. The contention of the petitioners is against the rule 3 of the Karnataka prevention of illegal mining, Transportation and storage of minerals rules that mandates to obtain a forest transit pass for any transport of iron ore minerals from railway sliding to the factory premise especially if the mining lease is located in the forest land. The petitioner’s plea was based on Articles 226 and 227 of the Constitution of India, urging the court to review the records leading to this demand for a second forest transit pass.
Legal Provision
The petitioner has filed the current petition seeking writ of mandamus Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty. In this present case the petitioner insisted upon the respondents i.e. The state of Karnataka to not mandate the pass required to enter into forest.
Court analysis and Judgement
The Chief Justice and Justice Krishna S. Dixit presided over the preliminary hearing. The petitioner’s counsel referred to a Co-ordinate Bench decision and Rule 3 of the Karnataka (Prevention of Illegal Mining, Transportation and Storage of Minerals) Rules, 2011. The respondents, represented by the learned Additional Government Advocate, opposed the petition, arguing that post the Division Bench decision in the precedents it was a mandate for any transport medium to obtain an authorised forest pass. The respondents particularly emphasized that a forest pass was an essential especially if the mining lease is located inside the forest lands which in case of the petitioners it was. Hence after hearing arguments from both parties the court dismissed the petition deeming it devoid of merits and imposing fine on petitioner
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Written by- Namitha Ramesh