Forest Way Pass Serves Laudable Purpose, Protects Forests From Possible Damage/Loss Due To Transporation Of Minerals: Karnataka High Court

The Karnataka High Court has dismissed a plea questioning ta direction upon the petitioner to obtain a forest transit pass from the Deputy Conservator of Forest to transport iron ore minerals from the railway sliding site to the factory premises.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the plea filed by M/s Thakur Industries and upheld the requirement of Forest Way Pass.It observed, “It serves a laudable purpose viz., protecting the forests from the possible damage/loss by the Agencies that transport the mineral concerned.”

Rejecting the contention of the appellant that such a requirement arises only when the transportation of the mineral is undertaken directly from the forest location, the court referred to Rule 3 of the Karnataka (Prevention of Illegal Mining, Transportation and Storage of Minerals) Rules, 2011.

Then it held “Had it been the object, the text of the Rule would have been much different. Even otherwise, a Rule of the kind needs to be construed in a way that serves its purpose. Such State measures have to be understood in the light of Forest Jurisprudence built by the Apex Court in a catena of decisions.”

Further, the court refused to accept the submission of the petitioner along the lines of an earlier decision of a coordinate bench upon noting that the 'Rule' aspect of the matter had not been brought to the notice of the said bench and therefore its decision could not be taken as an authority in the present case.

Accordingly, it dismissed the petition as being devoid of merits.

Appearance: Advocate Lakamapurmath Chidanandayya for Petitioner.

AGA S S Mahendra for respondents.

Citation No: 2024 LiveLaw (Kar) 24

Case Title: M/s Thakur Industries AND State of Karnataka & Others

Case No: Writ Petition No 22698 OF 2023

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