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High Court of Karnataka Considers Constitutional Validity of Forest Development Tax Notification and Demands. Petitioners Challenge vires of Karnataka Forest Act section 98A and Notification under Forest Conservation Act.

High Court: Karnataka High Court Bench: BENGALURU
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2026-10-28 05:42:39
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Issue of Consideration

KAHC010030082011_1

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Case Details

2015 LawText (KAR) (12) 27

Writ Petition No.2642/2009 c/w multiple petitions

2015-12-03

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

Prof. Ravivarma Kumar, Advocate General; A.S. Ponnanna, Additional Advocate General; Y.H. Vijay Kumar, Additional Government Advocate for respondents; K. Raghavacharyulu, Udaya Holla, K.N. Phanindra, D.L.N. Rao, L.M. Chidanandayya, K.N. Srinivasa for petitioners

National Mineral Development Corporation Limited (NMDC Ltd.) and others

State of Karnataka and others

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Nature of Litigation

Challenging notification and demand notices under forest laws

Remedy Sought

Quashing of notification dated 16.08.2008 and demand notices, declaration that notification is ultra vires the Constitution and Acts

Filing Reason

Petitioners contended that the notification and demands are ultra vires the Constitution of India, Karnataka Forest Act, 1963, and Forest Conservation Act, 1980

Procedural History

Multiple writ petitions filed between 2008 and 2013 challenging Notification dated 16.08.2008 and demand notices under forest laws. The matters were clubbed and heard by a Division Bench on 03.12.2015.

Acts & Sections

  • Constitution of India: Article 246, Entry 54 of Seventh Schedule, List I
  • Karnataka Forest Act, 1963: Section 98A
  • Forest (Conservation) Act, 1980: Not specified
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Tags :
forest development tax notification validity ultra vires Karnataka Forest Act 1963 Forest Conservation Act 1980 constitutional validity writ petition

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