Case Note & Summary
The matter involved multiple writ petitions filed before the High Court of Karnataka by several mining corporations and mineral industries, including National Mineral Development Corporation Limited (NMDC Ltd.), Vedanta Limited (formerly SESA Goa Limited), Federation of Indian Mineral Industries (Southern Region), and other individual miners. The petitioners challenged a notification dated 16.8.2008 issued by the State Government under the Karnataka Forest Act, 1963, which was published in the Gazette on 27.8.2008. They contended that the notification was ultra vires the Constitution of India, particularly Article 246 read with Entry 54 of the Union List (Seventh Schedule), and the Forest (Conservation) Act, 1980, a Central Act. The petitioners argued that the notification encroached upon the legislative domain of the Union and violated the Forest (Conservation) Act, 1980. Additionally, certain petitions also impugned demand notices dated 18.9.2013 and 21.9.2013 issued by the Deputy Conservator of Forests, Chitradurga Division. The lead petition, W.P. No. 2642/2009, sought a declaration that the notification was void. The State defended the notification through the Advocate General. The High Court constituted a Division Bench comprising the Acting Chief Justice and a lady Justice to hear the batch of cases. The judgment addressed the core issue but the detailed reasoning and operative portion were not included in the provided extract.
Issue of Consideration
Whether the State Government's notification dated 27.8.2008 under the Karnataka Forest Act, 1963 is ultra vires Article 246 of the Constitution and the Forest (Conservation) Act, 1980
