LI Network
Published on: January 16, 2024 at 12:25 IST
The Karnataka High Court has dismissed a plea filed by M/s Thakur Industries challenging the directive to obtain a forest transit pass from the Deputy Conservator of Forest for transporting iron ore minerals from the railway sliding site to the factory premises.
The division bench, comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit, upheld the significance of the Forest Way Pass, emphasizing its laudable purpose of safeguarding forests from potential damage or loss caused by agencies involved in mineral transportation.
Rejecting the petitioner’s argument that the pass requirement applies only when minerals are transported directly from forest locations, the court referred to Rule 3 of the Karnataka (Prevention of Illegal Mining, Transportation, and Storage of Minerals) Rules, 2011.
The Court asserted that interpreting the rule in a way that serves its purpose is essential, considering the principles of Forest Jurisprudence established by the Supreme Court in various decisions.
Moreover, the Court declined to accept the petitioner’s submission based on a prior decision by a coordinate bench, noting that the earlier bench was not apprised of the ‘Rule’ aspect of the matter. Consequently, the decision of the earlier bench could not be considered authoritative in the present case.
The plea was consequently dismissed by the court, deeming it devoid of merits. Advocate Lakamapurmath Chidanandayya represented the petitioner, while AGA S S Mahendra appeared for the respondents.
Case Title: M/s Thakur Industries AND State of Karnataka & Others