IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.7383 OF 2019 (GM-FOR) BETWEEN:
MUKAND LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT 1913 AND HAVING ITS REGISTERED OFFICE AT BAJAJ BHAWAN, 3RD FLOOR JAMNALAL BAJAJ MARG 226, NARIMAN POINT MUMBAI - 400 021 REPRESENTED BY ITS GENERAL MANAGER MR. DEBABRATA DAS. (By MR.M A VIJAY, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND ECOLOGY MULTISTOREYED BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560 001.
2. THE DEPUTY CONSERVATOR OF FORESTS KOPPAL FOREST DIVISION, KOPPAL - 583 228.
3. THE RANGE FOREST OFFICER MUNIRABAD SECTION, MUNIRABAD, KOPPAL DISTRICT- 583 228 (By MR.VIJAYAKUMAR A PATIL, AGA) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE FOREST PRODUCED (IRON ORE & IRON ORE FINES), WHICH IS ALREADY COVERED BY A E-TRANSIT PASS/FOREST PASS ISSUED BY A COMPETENT AUTHORITY IS NOT REQUIRED TO BE OBTAINED FURTHER E-TRANSIT PASS/FOREST PASS TO TRANSPORT THE FOREST PRODUCED (IRON ORE AND IRON ORE FINES) FROM MKPG RAILWAY SIDING TO THE PETITIONER'S FACTORY; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.A.Vijay, learned counsel for the petitioner. Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following relief:
a) Issue a Writ/Order/Direction declaring that the forest produce (iron ore & iron ore fines), which is already covered by a e-Transit Pass/Forest pass issued by a competent authority is not required to be obtained further e-Transit Pass/Forest Pass to transport the forest produce (iron ore and iron ore fines) from MKPG Railway Siding to the petitioner’s factory;
b) Issue a appropriate Writ/Order /Direction directing the Respondents not to insist upon the petitioner in any manner to obtain a further e-Transit Pass/Forest Pass to transport the forest produce (iron ore and iron ore fines) from MKPG Railway siding to the petitioner’s factory.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the controversy involved in the instant petition is squarely covered by the order dated 21.04.2019 passed by a Division Bench of this Court in W.A.No.726/2008. It is further submitted that notwithstanding the decision of the Division Bench, the petitioner is required to obtain a permit from the concerned authority for moving the iron ore from one non-forest area to another non-forest area. In this connection, the attention of this Court is invited to paragraph 8 of the petition.
5. On the other hand, learned Additional Government Advocate submitted that in view of the law laid down by the Division Bench of this Court, no further pass is required to transport the iron ore from one non- forest area to another non-forest area. It is further submitted that the Division Bench has held that under Rule 144 and 145 of the Karnataka Forest Rules, 1969, pass is required to be obtained for transportation of iron ore from forest area to non-forest area and thereafter, further transportation of the iron ore from one non- forest area to another non-forest area, no pass is required. It is also submitted that no specific instances have been pleaded in the petition as to when the respondents shall cause obstructions in the right of the petitioner to move the mineral from one non-forest area to another non-forest area.
6. Be that as it may, in view of the aforesaid enunciation of law by the Division Bench of this Court, I deem it appropriate to dispose of the writ petition with a direction to the respondents not to insist for a further pass for transportation of the iron ore from one non- forest area to another non-forest area.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV