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High Court of Karnataka Decides Multiple Writ Petitions Challenging Forest Development Tax Notification. Notification dated 27.08.2008 Under Karnataka Forest Act and Forest (Conservation) Act Challenged as Ultra Vires.

High Court: Karnataka High Court Bench: BENGALURU
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2026-09-16 11:05:37
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Issue of Consideration

KAHC010125202008_1

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Case Details

2015 LawText (KAR) (12) 33

Writ Petition No. 2642/2009 c/w multiple connected matters

2015-12-03

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

K. Raghavacharyulu, Udaya Holla, D.L.N. Rao, K.N. Phanindra, L.M. Chidanandayya, K.N. Srinivasa, and Others; For Respondents: Ravivarma Kumar, Advocate General, A.S. Ponnanna, Additional Advocate General, Y.H. Vijay Kumar, Additional Government Advocate

National Mineral Development Corporation Limited (NMDC Ltd.), Vedanta Limited, Federation of Indian Mineral Industries, State Trading Corporation of India Ltd., and Others

State of Karnataka, Deputy Conservator of Forests, and Others

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Nature of Litigation

Writ petitions under Article 226/227 of the Constitution of India challenging the legality of a notification dated 27.08.2008 and consequential demand notices issued under the Karnataka Forest Act and Forest (Conservation) Act.

Remedy Sought

Declaration that the notification is ultra vires, quashing of demand notices, and prohibition on collection of forest development tax.

Filing Reason

The petitioners, mining companies and individuals, were aggrieved by the imposition of forest development tax and the notification that allegedly violated constitutional provisions and statutory mandates.

Issues

Whether the notification dated 27.08.2008 is ultra vires the Constitution and the relevant Acts Whether the demand for forest development tax is legally valid Whether Section 98A of the Karnataka Forest Act applies to Central Government corporations

Acts & Sections

  • Constitution of India: Article 246, Entry 54
  • Karnataka Forest Act, 1963:
  • Forest (Conservation) Act, 1980:
  • Karnataka Forest Act, 1993: Section 98A
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