High Court of Karnataka Decides Batch of Writ Petitions Challenging Forest Development Tax Notification

High Court: Karnataka High Court Bench: BENGALURU
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Issue of Consideration

KAHC010005572011_1

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Case Details

2015 LawText (KAR) (12) 21

Writ Petition No. 2642/2009 c/w Writ Petition Nos. 44793/2013, 13595/2008, 13516/2008, 13654/2008, 13803/2008, 14157/2008, 14802/2008, 30927/2008 and other connected matters

2015-12-03

Subhro Kamal Mukherjee, Acting Chief Justice, B.V. Nagarathna

K. Raghavacharyulu, Udaya Holla, K.N. Phanindra, D.L.N. Rao, L.M. Chidanandayya, K.N. Srinivasa, Ravivarma Kumar, A.S. Ponnanna, Y.H. Vijay Kumar

National Mineral Development Corporation Limited (NMDC Ltd.)

State of Karnataka, Department of Forest, Ecology and Environment, and Another

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Nature of Litigation

Writ petitions challenging the validity of Government of Karnataka notification dated 16.08.2008 and consequent demand notices for forest development tax under the Karnataka Forest Act, 1963.

Remedy Sought

To quash the impugned notification and demand notices, and for a declaration that Section 98A of Karnataka Forest Act does not apply to Central Government corporations.

Filing Reason

The petitioners, being mining companies, firms, and individuals, were aggrieved by the notification imposing forest development tax on mining activities in forest areas.

Acts & Sections

  • Constitution of India, 1950: Article 246, Entry 54 of List I, Seventh Schedule
  • Karnataka Forest Act, 1963:
  • Forest (Conservation) Act, 1980:
  • Karnataka Forest Act, 1993: Section 98A
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High Court High Court of Karnataka Decides Batch of Writ Petitions Challenging Forest Development Tax Notification
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