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Karnataka High Court Hears Numerous Writ Petitions Challenging Forest Development Tax Notifications and Demands. Petitioners Contend That the Notifications under the Karnataka Forest Act, 1963 are Ultra Vires the Constitution and Central Forest Laws.

High Court: Karnataka High Court Bench: BENGALURU
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2026-09-06 08:23:20
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Issue of Consideration

Whether the notification dated 16.08.2008 issued under the Karnataka Forest Act, 1963 is ultra vires the Constitution of India and the Forest (Conservation) Act, 1980 and whether forest development tax can be levied.

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Case Details

2015 LawText (KAR) (12) 31

W.P. No. 2642/2009 (GM-MM-S) and connected writ petitions

2015-12-03

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

K. Raghavacharyulu for D.R. Ravishankar (for petitioner); Ravivarma Kumar, Advocate General, A.S. Ponnanna, Additional Advocate General, Y.H. Vijay Kumar, Additional Government Advocate (for respondents)

National Mineral Development Corporation Limited (NMDC Ltd.)

State of Karnataka, represented by its Secretary, Forest, Ecology and Environment Department; Deputy Conservator of Forest, Bellary Division

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Nature of Litigation

Writ petitions under Articles 226 and 227 of the Constitution challenging notifications and demand notices under the Karnataka Forest Act, 1963.

Remedy Sought

The petitioners seek to quash notifications dated 16.08.2008 and demand notices for forest development tax, and declare the notification ultra vires.

Filing Reason

The State of Karnataka imposed forest development tax and issued demand notices under the Karnataka Forest Act, 1963, which the petitioners contend is unconstitutional and beyond legislative competence.

Issues

Whether the notification dated 16.08.2008 issued under the Karnataka Forest Act, 1963 is ultra vires the Constitution and the Forest (Conservation) Act, 1980. Whether the demand of forest development tax is valid.

Acts & Sections

  • Constitution of India: Articles 226, 227, 246, Seventh Schedule Entry-54 List I
  • Karnataka Forest Act, 1963: Section 98A
  • Forest (Conservation) Act, 1980:
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forest development tax notification ultra vires mining lease writ petition Karnataka Forest Act Forest (Conservation) Act constitutional validity

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