The Karnataka High Court in the case M/s Thakur Industries AND State of Karnataka and Others observed and has dismissed the petition moved questioning the direction upon the petitioner to obtain a forest transit pass from the Deputy Conservator of Forest to transport iron ore minerals from the railway sliding site to the factory premises.
The Division bench comprising of Chief Justice Prasanna B Varale and Justice Krishna S Dixit in the case observed and has dismissed the petition moved by M/s Thakur Industries, wherein the court upheld the requirement of Forest Way Pass.
The court observed that serves a laudable purpose viz., protecting the forests from the possible damage/loss by the Agencies that transport the mineral concerned. The court rejected the contention raised by the appellant that such a requirement arises only when the transportation of the mineral is undertaken directly from the forest location, thus, the court referred to Rule 3 of the Karnataka, the Prevention of Illegal Mining, Transportation and Storage of Minerals Rules, 2011.
The court held that had it been the object, the text of the Rule would have been much different. Even otherwise, a Rule of the kind needs to be construed in a way that serves its purpose and such State measures have to be understood in the light of Forest Jurisprudence built by the Apex Court in a catena of decisions.
The court while considering the facts and circumstances of the case observed and has refused to accept the submission of the petitioner along the lines of an earlier decision of a coordinate bench upon noting that the ‘Rule’ aspect of the matter had not been brought to the notice of the said bench and therefore its decision could not be taken as an authority in the present case.
Accordingly, the court dismissed the plea as being devoid of merits.
The counsel, Advocate Lakamapurmath Chidanandayya appeared for Petitioner.
The counsel, AGA S S Mahendra represented the respondents.
