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[Cites 22, Cited by 4]

Karnataka High Court

Mr B Rudragouda vs State Of Karnataka on 4 October, 2017

Equivalent citations: AIR 2018 KARNATAKA 19, 2017 (4) AKR 738

Bench: Chief Justice, P.S.Dinesh Kumar

      IN THE HIGH COURT OF KARNATAKA
                AT BENGALURU
             Dated this the 4th day of October, 2017

                          PRESENT:

     THE HON'BLE MR SUBHRO KAMAL MUKHERJEE,
                  CHIEF JUSTICE

                              AND

       THE HON'BLE MR JUSTICE P S DINESH KUMAR

             Writ Petition Nos.43937-43938 of 2016
                          Connected with
   Writ Petition No.44100 of 2016, Writ Petition No.47228 OF
2016, Writ Petition No.42980 of 2016, Writ Petition No.42981 of
 2016, Writ Petition No.43924 of 2016, Writ Petition No.44104
of 2016, Writ Petition No.44105 of 2016, Writ Petition No.44106
of 2016, Writ Petition No.44729 of 2016, Writ Petition No.44993
of 2016, Writ Petition No.46466 of 2016, Writ Petition No.49495
of 2016, Writ Petition No.49694 of 2016, Writ Petition No.51110
     of 2016, Writ Petition No.51350 of 2016, Writ Petition
No.52678 of 2016, Writ Petition No.53173 of 2016, Writ Petition
No.53986 of 2016, Writ Petition No.53987 of 2016, Writ Petition
 No.55478 of 2016, Writ Petition No.858 of 2017, Writ Petition
       No.13744 of 2017, Writ Petition No.43706 of 2016
Writ Petition No.43871 of 2016, Writ Petition No.43941 of 2016,
Writ Petition No.43948 of 2016, Writ Petition No.43949 of 2016
   Writ Petition No.43950 of 2016, Writ Petition No.43951 of
2016, Writ Petition No.43969 of 2016, Writ Petition No.44107 of
 2016, Writ Petition No.44206 of 2016, Writ Petition No.44233
 of 2016,Writ Petition Nos.44253-44260 of 2016, Writ Petition
    No.44270 of 2016, Writ Petition No.44271 of 2016, Writ
                                2



 Petition No.44329 of 2016, Writ Petition No.44417 of 2016,
Writ Petition No.44727 of 2016, Writ Petition No.45967 of 2016
Writ Petition No.46231 of 2016,Writ Petition No.46232 of 2016
Writ Petition No.46233 of 2016, Writ Petition No.46234 of 2016
  Writ Petition No.46532 of 2016, Writ Petition No.46533 of
2016, Writ Petition No.46815 of 2016, Writ Petition No.46963
     of 2016 and Writ Petition No.47713 of 2016 (GM-FOR)

In Writ Petition Nos.43937-43938 of 2016:

BETWEEN:

Mr.B.RUDRAGOUDA
S/O LATE B KUMARAGOUDA
AGED ABOUT 39 YEARS
No.2198, BKG HOUSE
KHB COLONY, SANDUR-583 119                  ...PETITIONER

        (BY SHRI.S.GANESH, SENIOR ADVOCATE FOR
           SHRI.K.N.SRINIVASA, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST,
     ECOLOGY AND ENVIRONMENT
     M.S.BUILDING, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   THE PRINCIPAL CHIEF CONSERVATOR OF
     FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BANGALORE-560 003

3.   UNION OF INDIA
     MINISTRY OF LAW AND JUSTICE
                                3



    4TH FLOOR, A-WING
    SHASTRI BHAWAN
    NEW DELHI-110 001                ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                       Nos.1 AND 2;
SRIMATI.ANUPAMA HEGDE CENTRAL GOVERNMENT COUNSEL
                  FOR RESPONDENT No.3)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE KARNATAKA FOREST (AMENDMENT) ACT
2016 [KARNATAKA ACT NO.23 OF 2016] [ANNEXURE-A] IS
UNCONSTITUTIONAL AND VOID AB INITIO.

In Writ Petition No.44100 of 2016:

BETWEEN:

M/s.JSW STEELS LIMITED
(PREVIOUSLY KNOWN AS JINDAL
VIJAYNAGAR STEEL LTD.,)
REGD. OFFICE AT 5A, Dr.G.DESHMUKH MARG
MUMBAI-400 026

BRANCH OFFICE AT:
6TH FLOOR, EAST WING
RAHEJA TOWERS, M.G.ROAD
BANGALORE-560 042

WORK OFFICE AT:
VIJAYANAGAR WORKS
P.O.VIDYANAGAR, TORANGALLU
BELLARY-583 275
                            4



REPRESENTED BY ITS AUTHORISED SIGNATORY
Mr.MANI C. MANUEL
GENERAL MANAGER                        ...PETITIONER

        (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
            SRIMATI.S.R.ANURADHA, ADVOCATE)

AND:

1.   GOVERNMENT OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY &
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   SECRETARY TO GOVERNMENT
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     GOVERNMENT OF KARNATAKA
     VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   DEPARTMENT OF MINES & GEOLOGY
     BY ITS DIRECTOR, KHANIJA BHAVAN
     RACE COURSE ROAD
     BANGALORE-560 001

4.   THE MONITORING COMMITTEE
     DEPARTMENT OF MINES AND GEOLOGY
     KHANIJA BHAVAN, RACE COURSE ROAD
     BANGALORE-560 001              ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
                               5



     SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
     SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
               COMMITTEE - RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE / QUASH
THE ACT NO.23 OF 2016 PUBLISHED IN THE KARNATAKA
GAZETTE EXTRA-ORDINARY ON 25.7.2016 VIDE ANNEXURE-A
THE KARNATAKA FOREST AMENDMENT ACT 2016 TO AMEND
THE KARNATAKA FOREST ACT 1963 AS ULTRA VIRES THE
CONSTITUTION AND QUASH THE DEMAND OF FDF RAISED BY
THE MONITORING COMMITTEE IN ITS ACCEPTANCE LETTER
VIDE ANNEXURE-B DTD.8.8.2016 ETC.,

In Writ Petition No.47228 OF 2016:

BETWEEN:

PRAKASH SPONGE IRON & POWER PVT. LTD.,
HAVING ITS OFFICE AT No.32
7TH 'B' MAIN ROAD, JAYANAGAR 4TH BLOCK
BANGALORE-560 011
REPRESENTED BY ITS
MANAGING DIRECTOR
SRI.R.PRAVEEN CHANDRA                    ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
                            6



2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
     "ARANYA BHAVAN", 18TH CROSS
     MALLESWARAM, BANGALORE-560 003

4.   THE MONITORING COMMITTEE
     REP. BY ITS CHAIRMAN
     DEPARTMENT OF MINES AND GEOLOGY
     No.49, "KHANIJA BHAVAN", 5TH FLOOR
     RACE COURSE ROAD
     BANGALORE-560 001                 ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT 2016 ENACTED
UNDER KARNATAKA ACT 23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.
                                7




In Writ Petition No.42980 of 2016

BETWEEN:

VEDANTA LIMITED
(FORMERLY KNOWN AS SESA STERLITE
LIMITED & SESA GOA LIMITED)
REGD. OFFICE AT P.O.BOX.125
SESAGHOR, 20, EDC COMPLEX
PATTO, PANJIM, GOA-403 001
REP. BY ITS HEAD-FINANCE
IRON ORE, KARNATAKA
SRI.ANAND PRAKASH DUBEY                      ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
                                8



       18TH CROSS, MALLESWARAM
       BANGALORE-560 003               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT 2016 ENACTED
UNDER KARNATAKA ACT 23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.


In Writ Petition No.42981 of 2016:

BETWEEN:

SRI.R.PRAVEEN CHANDRA
S/O LATE SRI E RAMAMURTHY
AGED ABOUT 42 YEARS
R/O No.59, 12TH MAIN (OLD 24TH MAIN)
SRINAGAR, BANASHANKARI I STAGE
I BLOCK, BANGALORE-560 050               ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
                                9




2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, "ARANYA BHAVAN"
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT 23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.43924 of 2016:

BETWEEN:

KIRLOSKAR FERROUS INDUSTRIES LIMITED
BEVINAHALLI VILLAGE & POST
KOPPAL TALUK & DISTRICT
KARNATAKA-583 234
REPRESENTED BY ITS
                             10



SENIOR MANAGER (FINANCE)
M.K.JAGADEESH KUMAR                       ...PETITIONER

        (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
            SHRI.MOHAMMED RIZWAN AHAMED, ADVOCATE)
AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA
       BANGALORE-560 001

2.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       BANGALORE-560 001

3.     THE MONITORING COMMITTEE
       BY ITS CHAIRMAN, KHANIJA BHAVAN
       RACE COURSE ROAD
       BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                       Nos.1 AND 2;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST DEVELOPMENT (AMENDMENT) ACT 2016
(ACT 23/2016) PASSED BY THE LEGISLATURE OF KARNATAKA
PUBLISHED IN THE EXTRAORDINARY GAZETTE NOTIFICATION
                                11



DATED 27.07.2016 VIDE ANNEXURE-A AS UNCONSTITUTIONAL
ARBITRARY, ILLEGAL AND DISCRIMINATORY.


In Writ Petition No.44104 of 2016:

BETWEEN:

M/s.V.S.LAD & SONS
(A REGD. PARTNERSHIP FIRM)
'PRASHANTI NIVAS', KRISHNANAGAR
SANDUR-583 119
BELLARY DISTRICT
REP. BY ITS MANAGING PARTNER
Dr.EKNATH V. LAD.                          ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
                                12



       18TH CROSS, MALLESWARAM
       BANGALORE-560 003              ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.44105 of 2016:

BETWEEN:

M/s.HOTHUR TRADERS
(A REGD. PARTNERSHIP FIRM)
"HOTHUR GRAND", No.771
100 FEET ROAD, INDIRANAGAR
BANGALORE-560 008
REP. BY ITS PARTNER
SRI.MOHAMMED IQBAL                        ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
                                13



2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, "ARANYA BHAVAN"
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.44106 of 2016:

BETWEEN:

M/s.GOGGA GURUSANTHIAH & BROS.
(A REGD. PARTNERSHIP FIRM)
P.B.No.4, NEHRU CO-OPERATIVE COLONY
HOSPET-583 203, BELLARY DISTRICT
REPRESENTED BY ITS PARTNER
SRI.GOGGA CHANNABASAVARAJ                ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)
                             14



AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS, MALLESWARAM
       BANGALORE-560 003               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.
                               15



In Writ Petition No.44729 OF 2016:

BETWEEN:

M/s.LAKSHMINARAYANA MINING COMPANY
(A REGD. PARTNERSHIP FIRM)
OLD No.33, NEW No.100
SANNIDHI ROAD, BASAVANAGUDI
BANGALORE-560 004
REPRESENTED BY ITS PARTNER
SRI.D.N.GOPALAKRISHNA                      ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)
AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS, MALLESWARAM
       BANGALORE-560 003               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)
                                16




     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A; AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.44993 of 2016:

BETWEEN:

GERDAU STEEL INDIA PRIVATE LIMITED
No.304/305, WORLD TRADE CENTRE
No.6/1, Dr.RAJKUMAR ROAD
MALLESWARAM (WEST)
BANGALORE-560 055
REP. BY IT'S GENERAL MANAGER
IRON ORE & SOLID FUEL DEPARTMENT
SRI.M.C.HARISH                            ...PETITIONER

        (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
            SHRI.MOHAMMED RIZWAN AHAMED, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA
       BANGALORE-560 001

2.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY &
       ENVIRONMENT, M.S.BUILDING
       BANGALORE-560 001
                                17



3.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN, KHANIJA BHAVAN
     RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                       Nos.1 AND 2;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.3)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE "THE
KARNATAKA FOREST (AMENDMENT) ACT 2016" (ACT 23/2016)
PASSED BY THE LEGISLATURE OF KARNATAKA PUBLISHED IN
THE    EXTRAORDINARY    GAZETTE    NOTIFICATION DATED
27.07.2016 VIDE ANNEXURE-A; AS UNCONSTITUTIONAL
ARBITRARY, ILLEGAL AND DISCRIMINATORY.

In Writ Petition No.46466 of 2016:

BETWEEN:

M/s.ZEENATH TRANSPORT COMPANY
(A REGISTERED PARTNERSHIP FIRM)
"ZEENATH HOUSE", COWL BAZAAR
BELLARY-583 102
REP. BY ITS MANAGING PARTNER
Mr.SYED AHMED                            ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)
                                18



AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS, MALLESWARAM
       BANGALORE-560 003               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.49495 of 2016:

BETWEEN:

M/s.SLR METALIKS LTD.,
SY.No.632, NARAYANDEVARAKERE
                            19



LOKAPPANAHOLA, NEAR MARIYAMMANAHALLI
HAGARIBOMMANAHALLI TALUK
BELLARY-583 222
REPRESENTED BY ITS CAO
COL O.P.NEHRA
AGED ABOUT 67 YEARS
S/O.SRI.RAN SINGH                    ...PETITIONER

        (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
             SHRI.ANIRUDH ANAND, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF INDUSTRIES & COMMERCE
     VIKASA SOUDHA, BANGALORE-560 001

2.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE CONSERVATOR OF FORESTS
     BELLARY CIRCLE
     BELLARY-583 101

4.   THE DEPUTY CONSERVATOR OF FORESTS
     BELLARY DIVISION
     BELLARY-583 101

5.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN-DIRECTOR OF
     MINES AND GEOLOGY
                                20



     "KHANIJA BHAVAN", RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 4;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
BY ISSUE OF AN APPROPRIATE WRIT THAT THE KARNATAKA
FORESTS AMENDEMENT ACT, KARNATAKA ACT 23 OF 2016
DTD:27.7.2016 VIDE ANNEXURE-A IS UNCONSTITUTIONAL,
NULL AND VOID ETC.,

In Writ Petition No.49694 of 2016:

BETWEEN:
M/s.PADMAVATHI FERROUS LTD.,
UNIT AT CHIKANTAPUR, TORANAGALLU
BELLARY DISTRICT-583 275
REPRESENTED BY Mr.MAN MOHAN GOEL
CHAIRMAN & MANAGING DIRECTOR             ...PETITIONER

         (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
             SRIMATI.S.R.ANURADHA, ADVOCATE)
AND:

1.     GOVERNMENT OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY &
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
                                21



2.   SECRETARY TO GOVERNMENT
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     GOVERNMENT OF KARNATAKA
     VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   DEPARTMENT OF MINES & GEOLOGY
     BY ITS DIRECTOR, KHANIJA BHAVAN
     RACE COURSE ROAD
     BANGALORE-560 001

4.   THE MONITORING COMMITTEE
     DEPARTMENT OF MINES AND GEOLOGY
     KHANIJA BHAVAN, RACE COURSE ROAD
     BANGALORE-560 001             ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE / QUASH
THE ACT NO.23 OF 2016 PUBLISHED IN THE KARNATAKA
GAZETTE EXTRAORDINARY ON 25.07.2016; THE KARNATAKA
FOREST AMENDMENT ACT 2016 TO AMEND THE KARNATAKA
FOREST ACT 1963 AS ULTRA VIRES THE CONSTITUTION ETC.,

In Writ Petition No.51110 of 2016:

BETWEEN:

M/s.ELECTROTHERM (INDIA) LTD.,
A-1, SKYLARK APARTMENTS
                            22



SATELLITE ROAD, SATELLITE
AHMEDABAD-380 015
REPRESENTED BY SALES MANAGER
Mr.MUKESH VOHRA                          ...PETITIONER

        (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
             SHRI.ANIRUDH ANAND, ADVOCATE)
AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF INDUSTRIES & COMMERCE
     VIKASA SOUDHA, BANGALORE-560 001

2.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE CONSERVATOR OF FORESTS
     BELLARY CIRCLE
     BELLARY-583 101

4.   THE DEPUTY CONSERVATOR OF FORESTS
     BELLARY DIVISION
     BELLARY-583 101

5.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN-DIRECTOR OF
     MINES AND GEOLOGY
     "KHANIJA BHAVAN"
     RACE COURSE ROAD
     BANGALORE-560 001                 ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
                                23



     ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                         Nos.1 TO 4;
      SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
      SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
                COMMITTEE - RESPONDENT No.5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
BY ISSUE OF AN APPROPRIATE WRIT THAT THE KARNATAKA
FORESTS AMENDEMENT ACT, KARNATAKA ACT 23 OF 2016
DTD:27.7.2016 VIDE ANNEXURE-A IS UNCONSTITUTIONAL NULL
AND VOID ETC.,

In Writ Petition No.51350 of 2016:

BETWEEN:

M/s.STAR MINERALS
A PARTNERSHIP FIRM HAVING ITS OFFICE
AT GROUND FLOOR, "ANUGRAHA"
PLOT No.5, KALYAAN NAGAR
CHITWADGI, HOSPET-583 211
REPRESENTED BY SMT.A.SAVITHRI             ...PETITIONER

            (BY SHRI.MANU KULKARNI, ADVOCATE)
AND:

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS PRINCIPAL
      SECRETARY, DEPARTMENT OF FOREST,
      ECOLOGY AND ENVIRONMENT
      M.S.BUILDING, Dr.AMBEDKAR VEEDHI
      BENGALURU-560 001

2.    THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
      ARANYA BHAVAN
      18TH CROSS, MALLESWARAM
      BENGALURU-560 003
                                24



3.   UNION OF INDIA
     MINISTRY OF LAW AND JUSTICE
     4TH FLOOR, A-WING
     SHASTRI BHAWAN
     NEW DELHI-110 001
     REPRESENTED BY SECRETARY TO
     GOVERNMENT                        ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                       Nos.1 AND 2;
SRIMATI.ANUPAMA HEGDE, CENTRAL GOVERNMENT COUNSEL
                  FOR RESPONDENT No.3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE KARNATAKA FOREST (AMENDMENT) ACT, 2016
(KARNATAKA ACT NO.23 OF 2016) (ANNEXURE-A) IS
UNCONSTITUTIONAL AND VOID AB INITIO.

In Writ Petition No.52678 of 2016:
BETWEEN:

M/s.SRI.SHIV SHAKTI STEEL & ALLOYS
REGD. OFF AT: 21-2-636/1
URDUGALLI, PATHERGATTI
HYDERABAD-573 061
REP. BY ITS PARTNER
KRISHNA KUMAR                           ...PETITIONER

             (BY SHRI.BADRI VISHAL, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
                                25



     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
     "ARANYA BHAVAN", 18TH CROSS
     MALLESWARAM
     BANGALORE-560 003                ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 ISSUED BY R-1 VIDE
ANNEXURE-C AS DISCRIMINATORY,        ARBITRARY      AND
UNCONSTITUTIONAL AND THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.53173 of 2016:

BETWEEN:

STEEL AUTHORITY OF INDIA LIMITED
VISVESVARAYA IRON & STEEL PLANT
BHADRAVATHI-577 301
INCORPORATED UNDER COMPANIES ACT
                            26



1956, HAVING ITS REGISTERED OFFICE
AT ISPAT BHAVAN, LODHI ROAD
NEW DELHI-110 003
REPRESENTED BY SHRI.H.N.VENKATESH
S/O.H.D.NAGAPPA GOWDA
HINDU, AGED 57 YEARS
RESIDENT OF BHADRAVATHI
ASSISTANT GENERAL MANAGER (LAW)
& THE GPA HOLDER                          ...PETITIONER

        (BY SHRI.K.SACHINDRA KARANTH, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FORESTS, ECOLOGY AND
     ENVIRONMENT, VIKASA SOUDHA
     VIDHANA VEEDHI, BANGALORE-560 001

2.   THE PRINCIPAL CHIEF CONSERVATOR OF
     FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE DEPUTY CONSERVATOR OF FORESTS
     BHADRAVATHI CIRCLE
     BHADRAVATHI-577 301           ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE
KARNATAKA FOREST [AMENDMENT] ACT 2016, ACT 23 OF 2016
                                27



[ANNEXURE-A] AND THE FOREST [AMENDMENT] ACT 2015, ACT
41/2015 [ANNEXURE-G] ARE ILLEGAL AND ULTRAVIRES ETC.,

In Writ Petition No.53986 of 2016:

BETWEEN:

M/s.REACTIVE METALS OF INDIA PRIVATE LIMITED
REGD. OFF AT: ROOM No.612, 6TH FLOOR
TARAMANDAL COMPLEX, SAIFABAD
HYDERABAD-500 004
REP. BY ITS DIRECTOR
ANAND KUMAR KEDIA                          ...PETITIONER

            (BY SHRI.H.SRINIVAS RAO, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY
       AND ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS, MALLESHWARAM
       BANGALORE-560 003               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
                                28



   SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST [AMENDMENT] ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23 OF 2016 AND PUBLISHED IN
THE OFFICIAL GAZETTE ON 27.7.2016 VIDE ANNEXURE-B AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.53987 of 2016:

BETWEEN:

M/s.JEEVAKA INDUSTRIES PRIVATE LIMITED
REGD. OFF AT:15-9-360
MAHABOOB GUNJ, HYDERABAD-500 012
REP. BY ITS DIRECTOR
ABHISHEK AGARWAL                           ...PETITIONER

            (BY SHRI.H.SRINIVAS RAO, ADVOCATE)
AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY
       AND ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
                                29



3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS, MALLESHWARAM
       BANGALORE-560 003                 ...RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST [AMENDMENT] ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.7.2016 VIDE ANNEXURE-C AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.55478 of 2016:

BETWEEN:

MYSORE MINERALS LIMITED
A COMPANY REGISTERED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
(GOVERNMENT OF KARNATAKA UNDERTAKING)
HAVING ITS REGISTERED OFFICE AT
TTMC BUILDING, 'A' BLOCK, 5TH FLOOR
BMTC, SHANTINAGAR, BANGALORE-560 027
REPRESENTED HEREIN BY ITS
GENERAL MANAGER (MKT)
Mr.G.KUMARASWAMY                      ...PETITIONER

          (BY SHRI.H.N.NARENDRA DEV, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
                             30



     HAVING OFFICE AT VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001
     REPRESENTED BY THE
     PRINCIPAL SECRETARY

2.   STATE OF KARNATAKA
     DEPARTMENT OF FOREST
     ECOLOGY AND ENVIRONMENT
     HAVING OFFICE AT M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE - 560 001
     REPRESENTED BY THE
     PRINCIPAL SECRETARY

3.   THE MONITORING COMMITTEE
     (CONSTITUTED BY THE HON'BLE
     SUPREME COURT OF INDIA)
     HAVING OFFICE AT DEPARTMENT OF MINES
     AND GEOLOGY No.49, KHANIJA BHAVAN
     5TH FLOOR, RACE COURSE ROAD
     BANGALORE-560 001
     REPRESENTED HEREIN BY ITS
     CHAIRMAN                        ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                       Nos.1 AND 2;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.3)

    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 AT ANNEXURE-A
                                    31



AS BEING ILLEGAL, ARBITRARY, AND ULTRA VIRES THE
CONSTITUTION OF INDIA ETC.,

In Writ Petition No.858 of 2017:

BETWEEN:

M/s.JSW STEELS LIMITED SALEM WORKS
(PREVIOUSLY KNOWN AS SOUTHERN IRON
AND STEELS COMPANY LTD.,)
REGD. OFFICE AT
5A, Dr.G.DESHMUKH MARG
MUMBAI-400 026
BRANCH OFFICE AT:
6TH FLOOR, EAST WING
RAHEJA TOWERS, M.G.ROAD
BANGALORE-560 042

UNITS AT:
POTTANERI, MECHERI, SALEM
TAMIL NADU, REPRESENTED BY ITS
AUTHORISED SIGNATORY
Mr.P.BOOPALAN
VICE PRESIDENT (F & A)                     ...PETITIONER

         (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
             SRIMATI.S.R.ANURADHA, ADVOCATE)


AND:

1.   GOVERNMENT OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY &
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001
                            32




2.   SECRETARY TO GOVERNMENT
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     GOVERNMENT OF KARNATAKA
     VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   DEPARTMENT OF MINES & GEOLOGY
     BY ITS DIRECTOR, KHANIJA BHAVAN
     RACE COURSE ROAD
     BANGALORE-560 001

4.   THE MONITORING COMMITTEE
     DEPARTMENT OF MINES AND GEOLOGY
     KHANIJA BHAVAN, RACE COURSE ROAD
     BANGALORE-560 001
     REP. BY ITS CHAIRMAN           ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE / QUASH
THE ACT NO.23 OF 2016 PUBLISHED IN THE KARNATAKA
GAZETTE EXTRAORDINARY ON 27.7.2016 ANNEXURE-A THE
KARNATAKA FOREST AMENDMENT ACT 2016 TO AMEND THE
KARNATAKA FOREST ACT 1963 AS ULTRA VIRES THE
CONSTITUTION ETC.,
                                33




In Writ Petition No.13744 of 2017:

BETWEEN:

KARNATAKA IRON & STEEL
MANUFACTURING ASSOCIATION
REGISTERED OFFICE:
VIJAYA BANK BUILDING
VIJAY VITTAL NAGAR, TORANGALLU
SANDUR TALUK, DISTRICT-BELLARY
REPRESENTED BY ITS AUTHORISED SIGNATORY
Mr.MANI MANUEL                        ...PETITIONER

         (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
              SHRI.ANIRUDH ANAND, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY &
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE CONSERVATOR OF FORESTS
     BELLARY CIRCLE, BELLARY-583 101

4.   THE DEPUTY CONSERVATOR OF FORESTS
     BELLARY DIVISION, BELLARY-583 101
                                34



5.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN-DIRECTOR OF MINES
     AND GEOLOGY, "KHANIJA BHAVAN"
     RACE COURSE ROAD, BANGALORE-560 001

6.   DEPARTMENT OF MINES & GEOLOGY
     BY ITS DIRECTOR, KHANIJA BHAVAN
     RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                    Nos.1 TO 4 AND 6;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.5)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE/ QUASH
THE ACT NO.23/2016 PUBLISHED IN THE KARNATAKA GAZETTE
EXTRAORDINARY ON 27.7.2016 i.e. THE KARNATAKA FOREST
[AMENDMENT] ACT 2016 TO AMEND THE KARNATAKA FOREST
ACT 1963 VIDE ANNEXURE-A AS ULTRA VIRES THE
CONSTITUTION ETC.,

In Writ Petition No.43706 of 2016

BETWEEN:

M/s.DODDANNAVAR BROTHERS
(REGD. PARTNERSHIP FIRM)
DODDANNAVAR COMPOUND
NEAR FORT, BELGAUM-590 016
                             35



REP. BY ITS G.P.A. HOLDER
SRI.RACHAPPA M. SARADAGI                ...PETITIONER

       (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
             SHRI.K.N.PHANINDRA, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, "ARANYA BHAVAN"
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

4.   THE DEPUTY CONSERVATOR OF FORESTS
     BAGALKOT DIVISION
     BAGALKOT-588 301              ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT 2016 ENACTED
                                36



UNDER KARNATAKA ACT NO.23 OF 2016 AND PUBLISHED IN
THE OFFICIAL GAZETTE ON 27.7.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME AND ETC.,

In Writ Petition No.43871 of 2016:

BETWEEN:

SATHVAHANA ISPAT LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT 1956 & HAVING ITS
REGISTERED OFFICE AT
No.314, SRI.RAMAKRISHNA TOWER
NAGARJUNA NAGAR
HYDERABAD-500 073
HAVING ITS INDUSTRY AT BELLARY
REPRESENTED BY ITS AGM (HR & ADMN)         ...PETITIONER

       (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
             SHRI.D.R.RAVISHANKAR, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001
                                37



3.   PRINCIPAL CHIEF CONSERVATOR
     OF FOREST, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BANGALORE-560 003

4.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN, KHANIJA BHAVAN
     RACE COURSE ROAD, BANGALORE-560 001
     (AMENDMENT CARRIED OUT AS PER COURT ORDER
     DATED 18.8.16)                   ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)
      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT
KARNATAKA FOREST [AMENDMENT] ACT, 2016 [ACT NO.23 OF
2016] IS ULTRA VIRES THE CONSTITUTION AND AGAINST BASIC
STRUCTURE OF THE CONSTITUTION AND ALSO ULTRAVIRES
PROVISIONS OF THE FOREST CONSERVATION ACT, 1980 AND
THE RULES AND ORDERS MADE THEREUNDER OR THEREON
AND CONSEQUENTLY QUASH AMENDMENT ACT PRODUCED AS
ANNEXURE-A DTD.27.7.2016 AND ETC.,

In Writ Petition No.43941 of 2016:

BETWEEN:

BELLARY ISPAT (P) LTD.,
PLOT No.16, KIADB MUNDARGI BELLARY
BELLARY-583 102
HAVING ITS INDUSTRY AT BELLARY
                            38



REPRESENTED BY ITS
MANAGING DIRECTOR                       ...PETITIONER

       (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
             SHRI.D.R.RAVISHANKAR, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

3.   PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BENGALURU -560 003

4.   THE MONITORING COMMITTEE
     REPT. ITS CHAIRMAN, KHANIJA BHAVAN
     RACE COURSE ROAD, BANGALORE-560 001

     (AMENDMENT CARRIED OUT AS PER COURT ORDER
     DATED 18.8.16)                   ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
                                39



     ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                         Nos.1 TO 3;
      SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
      SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
                COMMITTEE - RESPONDENT No.4)


      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT
KARNATAKA FOREST [AMENDMENT] ACT, 2016 [ACT NO.23 OF
2016] IS ULTRA VIRES THE CONSTITUTION AND AGAINST BASIC
STRUCTURE OF THE CONSTITUTION AND ALSO ULTRAVIRES
PROVISIONS OF THE FOREST CONSERVATION ACT, 1980 AND
THE RULES AND ORDERS MADE THEREUNDER OR THEREON
AND CONSEQUENTLY QUASH AMENDMENT ACT PRODUCED AS
ANNEXURE-A DTD.27.7.2016 AND ETC.,


In Writ Petition No.43948 of 2016:


BETWEEN:

BALAJISWAMY PREMIUM STEELS (P) LTD
PLOT 16, JIADB, INDUSTRIAL AREA
2ND PHASE, BELLARY-583 102
HAVING ITS INDUSTRY AT BELLARY
REPRESENTED BY ITS
MANAGING DIRECTOR                         ...PETITIONER

        (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
              SHRI.D.R.RAVISHANKAR, ADVOCATE)


AND:

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS SECRETARY
                            40



     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

3.   PRINCIPAL CHIEF CONSERVATOR
     OF FOREST, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BENGALURU -560 003

4.   THE MONITORING COMMITTEE
     REPT. ITS CHAIRMAN, KHANIJA BHAVAN
     RACE COURSE ROAD, BANGALORE-560 001

     (AMENDMENT CARRIED OUT AS PER COURT ORDER
     DATED 18.8.16)                   ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)


      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT
KARNATAKA FOREST [AMENDMENT] ACT, 2016 [ACT NO.23 OF
2016] IS ULTRA VIRES THE CONSTITUTION AND AGAINST BASIC
                                41



STRUCTURE OF THE CONSTITUTION AND ALSO ULTRAVIRES
PROVISIONS OF THE FOREST CONSERVATION ACT, 1980 AND
THE RULES AND ORDERS MADE THEREUNDER OR THEREON
AND CONSEQUENTLY QUASH AMENDMENT ACT PRODUCED AS
ANNEXURE-A DTD.27.7.2016 AND ETC.,


In Writ Petition No.43949 of 2016:


BETWEEN:

MUKUND LIMITED
No.226, BAJAJ BHAVAN
JAMNALAL BAJAJ MARG
NARIMON POINT
MUMBAI-400 021
HAVING ITS INDUSTRY AT BELLARY
REPRESENTED BY ITS
CHIEF LIOSONING OFFICER                    ...PETITIONER


       (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
             SHRI.D.R.RAVISHANKAR, ADVOCATE)


AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
                            42



     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

3.   PRINCIPAL CHIEF CONSERVATOR
     OF FOREST, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BENGALURU -560 003


4.   THE MONITORING COMMITTEE
     REPT. ITS CHAIRMAN, KHANIJA BHAVAN
     RACE COURSE ROAD, BANGALORE-560 001


     (AMENDMENT CARRIED OUT AS PER COURT ORDER
     DATED 18.8.16)                   ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT
KARNATAKA FOREST [AMENDMENT] ACT, 2016 [ACT NO.23 OF
2016] IS ULTRA VIRES THE CONSTITUTION AND AGAINST BASIC
STRUCTURE OF THE CONSTITUTION AND ALSO ULTRAVIRES
PROVISIONS OF THE FOREST CONSERVATION ACT, 1980 AND
THE RULES AND ORDERS MADE THEREUNDER OR THEREON
AND CONSEQUENTLY QUASH AMENDMENT ACT PRODUCED AS
ANNEXURE-A DTD.27.7.2016 AND ETC.,
                                43



In Writ Petition No.43950 of 2016:
BETWEEN:

KARNATAKA SPONGE IRON MANUFACTURERS
ASSOCIATION, No.39/1B/27-4, BLOCK No.7
TALUR ROAD, OPP:SAKTHI NURSING HOME
PARVATHI NAGAR, BELLARY-583 101
HAVING ITS INDUSTRY AT BELLARY
REPRESENTED BY ITS PRESIDENT             ...PETITIONER

       (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
             SHRI.D.R.RAVISHANKAR, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

3.   PRINCIPAL CHIEF CONSERVATOR
     OF FOREST, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BENGALURU -560 003

4.   THE MONITORING COMMITTEE
     REPT. ITS CHAIRMAN, KHANIJA BHAVAN
     RACE COURSE ROAD, BANGALORE-560 001
                                44



     (AMENDMENT CARRIED OUT AS PER COURT ORDER
     DATED 18.8.16)                   ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT
KARNATAKA FOREST [AMENDMENT] ACT 2016 [ACT NO.23 OF
2016] IS ULTRA VIRES THE CONSTITUTIONS AND AGAINST
BASIC STRUCTURE OF THE CONSTITUTION AND ALSO
ULTRAVIRES PROVISIONS OF THE FOREST CONSERVATION
ACT, 1980 AND THE RULES AND ORDERS MADE THEREUNDER
OR THEREON AND CONSEQUENTLY QUASH AMENDMENT ACT
AT ANNEXURE-A DATED 27.07.2016 AND ETC.,

In Writ Petition No.43951 of 2016:

BETWEEN:

IRON ORE END USERS ASSOCIATION
HEAD OFFICE, POST BOX.No.34
BHUBANESWAR-751 001
HAVING ITS INDUSTRY AT BELLARY
REPRESENTED BY ITS SECRETARY             ...PETITIONER

       (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
             SHRI.D.R.RAVISHANKAR, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
                            45



     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

3.   PRINCIPAL CHIEF CONSERVATOR
     OF FOREST, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BENGALURU -560 003

4.   MONITORING COMMITTEE
     REPT. ITS CHAIRMAN, KHANIJA BHAVAN
     RACE COURSE ROAD, BANGALORE-560 001

     (AMENDMENT CARRIED OUT AS PER COURT ORDER
     DATED 18.8.16)                   ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT
KARNATAKA FOREST [AMENDMENT] ACT, 2016 [ACT NO.23 OF
2016] IS ULTRA VIRES THE CONSTITUTIONS AND AGAINST
BASIC STRUCTURE OF THE CONSTITUTION AND ALSO
                                46



ULTRAVIRES PROVISIONS OF THE FOREST CONSERVATION
ACT, 1980 AND THE RULES AND ORDERS MADE THEREUNDER
OR THEREON AND CONSEQUENTLY QUASH AMENDMENT ACT
PRODUCED AS ANNEXURE-A DATED 27.07.2016 AND ETC.,

In Writ Petition No.43969 of 2016:

BETWEEN:

M/s.BMM ISPAT LTD.,
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956
WITH ITS OFFICE AT No.101
1ST FLOOR, "PRIDE ELITE"
No.10, MUSEUM ROAD
BENGALURU-560 001
REP. BY ITS GENERAL MANAGER-PR
Mr.SILAS NERALLA                        ...PETITIONER

           (BY SHRI.K.DHIRAJ KUMAR, ADVOCATE)
AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFIARS
     VIDHANA SOUDHA, BANGALORE-560 001

2.   PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE MONITORING COMMITTEE
     REPRESENTED BY ITS CONVENOR
     KHANIJA BHAVAN, RACE COURSE ROAD
     BANGALORE-560 001
                           47




4.   MSTC LIMITED
     A GOVT. OF INDIA ENTERPRISES
     REPRESENTED ITS CHIEF MANAGER
     3RD FLOOR, KAREEM TOWER
     19/5 & 19/6, CUNNINGHAM ROAD
     BANGALORE-560 052

5.   THE DIRECTOR AND COMMISSIONER
     DEPARTMENT OF MINES AND GEOLOGY
     KHANIJA BHAVAN, RACE COURSE ROAD
     BANGALORE-560 001


6.   THE DEPUTY CONSERVATOR OF FORESTS
     DEPARTMENT OF FORESTS
     RADIO PARK, COWL BAZAR
     BELLARY-583 102

7.   THE DEPUTY CONSERVATOR OF FORESTS
     DEPARTMENT OF FORESTS
     HOLALKERE ROAD
     CHITRADURGA-577 501            ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                   Nos.1, 2, 5, 6 AND 7;
  SHRI.B.C.SEETHARAM RAO, ADVOCATE FOR RESPONDENT
                           No.4;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
            COMMITTEE FOR RESPONDENT No.3)

    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
KARNATAKA FOREST (AMENDMENT ACT) 2016 PUBLISHED IN
                                48



OFFICIAL GAZETTE ON 27.07.2016 (THE KARNATAKA ACT
NO.23/2016, AMENDING THE KARNATAKA FOREST ACT 1963),
AT ANNEXURE-H AND TO DECALRE THE SAME TO BE
UNCONSTITUTIONAL.

In Writ Petition No.44107 of 2016:

BETWEEN:

SRIKALAHASTHI PIPES LIMITED
RACHAGUNNERI-517 641
SRIKALAHASTHI MANDAL
CHITTOOR DISTRICT
ANDHRA PRADESH
REPRESENTED BY ITS
Sr.GENERAL MANAGER (COMMERCIAL)
SRI.KRISHNA KANODIA                    ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE -560 001

3.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, "ARANYA BHAVAN"
                                49



     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

4.   THE MONITORING COMMITTEE
     REPRESENTED BY ITS CHAIRMAN
     5TH FLOOR, KHANIJA BHAVAN
     RACE COURSE ROAD, BANGALORE-560 001

     (CAUSE TITLE AMENDED AND 4TH RESPONDENT
     IMPLEADED WITH LEAVE OF THE COURT VIDE
     ORDER DATED 23.8.16)              ... RESPONDENTS


   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
            COMMITTEE FOR RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.44206 of 2016:

BETWEEN:

JANKI CROP LTD
CHITTOR ROAD, BHILWARA
RAJASTHAN-311 001
HAVING ITS INDUSTRY AT BELLARY
                            50



REPRESENTED BY ITS CORPORATE
RELATIONS OFFICER                       ...PETITIONER

       (BY SHRI.K.RAGHAVACHARYULU, ADVOCATE FOR
             SHRI.D.R.RAVISHANKAR, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST
     ECOLOGY AND ENVIRONMENT
     M.S.BUILDING, Dr.AMBEDKAR VEEDHI
     BENGALURU-560 001

3.   PRINCIPAL CHIEF CONSERVATOR
     OF FOREST, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BENGALURU-560 003

4.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN
     KHANIJA BHAVAN, RACE COURSE ROAD
     BANGALORE

     (AMENDMENT CARRIED OUT AS PER COURT ORDER
     DATED 18.8.16)                   ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
                                51



     ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                         Nos.1 TO 3;
      SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
      SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE FOR RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT
KARNATAKA FOREST [AMENDMENT] ACT 2016 [ACT NO.23 OF
2016] IS ULTRA VIRES THE CONSTITUTIONS AND AGAINST
BASIC STRUCTURE OF THE CONSTITUTION AND ALSO
ULTRAVIRES PROVISIONS OF THE FOREST CONSERVATION
ACT, 1980 AND THE RULES AND ORDERS MADE THEREUNDER
OR THEREON AND CONSEQUENTLY QUASH AMENDMENT ACT
AT ANNEXURE-A DATED 27.07.2016.

In Writ Petition No.44233 of 2016:

BETWEEN:

JAI RAJ ISPAT LIMITED
HAVING ITS ADMINISTRATIVE OFFICE
AT No.8, PHASE III, IDA, JEEDIMETLA
HYDERABAD-500 055, ANDHRA PRADESH
REPRESENTED BY ITS SENIOR MANAGER
(LEGAL), SRI.KATAKAM SUNEEL BABU            ...PETITIONER

         (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
               SHRI.K.N.PHANINDRA, ADVOCATE)


AND:

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS SECRETARY
      DEPARTMENT OF PARLIAMENTARY AFFAIRS
      VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
      BANGALORE-560 001
                            52




2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST
     ECOLOGY AND ENVIRONMENT
     M.S.BUILDING, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, "ARANYA BHAVAN"
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

4.   THE MONITORING COMMITTEE
     REP. BY ITS CHAIRMAN
     DEPARTMENT OF MINES AND GEOLOGY
     No.49, "KHANIJA BHAVAN"
     5TH FLOOR, RACE COURSE ROAD
     BANGALORE-560 001             ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
            COMMITTEE FOR RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION
DECLARE THE KARNATAKA FOREST (AMENDMENT) ACT 2016
ENACTED UNDER KARNATAKA ACT NO.23 OF 2016 AND
PUBLISHED IN THE OFFICIAL GAZETTE ON 27.7.2016 VIDE
ANNEXURE-A    AS    DISCRIMINATORY,  ARBITRARY    AND
UNCONSTITUTIONAL AND THEREBY STRIKE DOWN THE SAME.
                               53



In Writ Petition Nos.44253-44260 of 2016:

BETWEEN:

1.   FEDERATION OF INDIAN MINING
     INDUSTRIES, SOUTHERN REGION
     No.300/1B, 16TH CROSS
     SADASHIVNAGAR
     BANGALORE-560 080
     REPRESENTED BY AUTHORISED SIGNATORY
     Mr.HOLAVANAHALLI MIRZA KHYUM ALI

2.   RAMAGAD MINERALS AND MINING LIMITED
     (IYLI MINES), BALDOTA ENCLAVE
     ABHERAJ BALDOTA ROAD
     HOSAPETE-583 203
     REPRESENTED BY ITS AUTHORIZED SIGNATORY
     Mr.RAHUL KUMAR N. BALDOTA

3.   MSPL LIMITED
     (VYASANAKERI IRON ORE MINES)
     BALDOTA ENCLAVE, ABHERAJ BALDOTA ROAD
     HOSAPETE-583 203
     REPRESENTED BY ITS AUTHORIZED SINGATORY
     Mr.ANJU GOPALRAO DESAI

4.   M/s.P.VENGANNA SETTY AND BROTHERS
     A PARTNERSHIP FIRM, BALDOTA ENCLAVE
     ABHERAJ BALDOTA ROAD
     HOSAPETE-583 203
     REPRESENTED BY ITS AUTHORIZED SINGATORY
     Mr.ANJU GOPALRAO DESAI

5.   MINERAL ENTERPRISES LIMITED
     KHANIJA BHAVAN, WEST WING
     3RD FLOOR, No.49, RACE COURSE ROAD
     BANGALORE - 560 001
                               54



       REPRESENTED BY ITS AUTHORIZED SIGNATORY
       Mr.BASANT PODDAR

6.     Mr.BASANT PODDAR
       S/O LATE Mr K P PODDAR
       AGED ABOUT 57 YEARS
       RESIDING AT No.487, 10TH CROSS
       RMV EXTENSION
       BANGALORE-560 080

7.     M/s.P.BALASUBBA SETTY & SON
       A PARTNERSHIP FIRM
       D.No.2078, P.B.No.03
       22ND WARD, J.P.NAGAR
       BALLARI ROAD, HOSAPETE-583 201
       BALLARI DISTRICT
       REPRESENTED BY ITS AUTHORIZED
       SINGATORY, Mr.P.V.PRAKASH

8.     M/s.R.PAMPAPATHY AARPEE IRON ORE MINES
       A PARTNERSHIP FIRM, 24/151
       BELLARY ROAD, HOSPET-583 201
       BELLARY DISTRICT
       KARNATAKA, REPRESENTED BY ITS
       AUTHORIZED SIGNATORY
       R.SHARANABASAVESWARA             ...PETITIONERS

          (BY SHRI.S.GANESH, SENIOR ADVOCATE FOR
              SHRI.ADITHYA NARAYAN, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001
                                55



2.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BANGALORE-560 003

3.   UNION OF INDIA
     MINISTRY OF LAW AND JUSTICE
     4TH FLOOR A-WING
     SHASTRI BHAWAN
     NEW DELHI-110 001

4.   MONITORING COMMITTEE
     KHANIJA BHAVAN
     RACE COURSE ROAD
     BANGALORE-560 001
     REPRESENTED BY ITS CHAIRMAN       ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                       Nos.1 AND 2;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
            COMMITTEE FOR RESPONDENT No.4)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE KARNATAKA FOREST (AMENDMENT) ACT
2016 [KARNATAKA ACT NO.23 OF 2016] [ANNEXURE-A] IS
UNCONSTITUTIONAL AND VOID AB INITIO.

In Writ Petition No.44270 of 2016:

BETWEEN:

SRI.R.CHARUCHANDRA
S/O.Dr.NAGAN GOWDA
                            56



AGED AROUND 78 YEARS
R/O.Dr.NAGAN GOWDA GARDENS
STATION ROAD, HOSPET-583 201
BELLARY DISTRICT                          ...PETITIONER

        (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
             SHRI.ANIRUDH ANAND, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE CONSERVATOR OF FORESTS
     BELLARY CIRCLE
     BELLARY-583 101

4.   THE DEPUTY CONSERVATOR OF FORESTS
     BELLARY DIVISION
     BELLARY-583 101

5.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN-DIRECTOR OF
     MINES AND GEOLOGY
     "KHANIJA BHAVAN", RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
                                57



       SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
     ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                         Nos.1 TO 4;
      SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
      SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
                COMMITTEE - RESPONDENT No.5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
BY ISSUE OF AN APPROPRIATE WRIT, THAT THE KARNATAKA
FORESTS AMENDMENT ACT, KARNATAKA ACT 23 OF 2016
DTD:27.7.2016 VIDE ANNEXURE-A IS UNCONSTITUTIONAL,
NULL AND VOID ETC.,

In Writ Petition No.44271 of 2016:

BETWEEN:

M/s.HARE KRISHNA METALICS PVT. LTD.,
SY No.20, KASANKANDI ROAD
HIREBAGANAL, KOPPAL-583 228
REPRESENTED BY ITS PRESIDENT
Mr.SANJAY MALPANI
S/O.SRI.B.N.MALPANI                         ...PETITIONER

          (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
               SHRI.ANIRUDH ANAND, ADVOCATE)
AND:

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS PRINCIPAL SECRETARY
      DEPARTMENT OF FOREST, ECOLOGY AND
      ENVIRONMENT, M.S.BUILDING
      Dr.AMBEDKAR VEEDHI
      BANGALORE-560 001

2.    THE PRINCIPAL CHIEF CONSERVATOR
      OF FORESTS, ARANYA BHAVAN
                                58



     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE CONSERVATOR OF FORESTS
     BELLARY CIRCLE
     BELLARY-583 101

4.   THE DEPUTY CONSERVATOR OF FORESTS
     BELLARY DIVISION
     BELLARY-583 101

5.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN-DIRECTOR OF
     MINES AND GEOLOGY
     "KHANIJA BHAVAN", RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 4;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE KARNATAKA FOREST AMENDMENT ACT, KARNATAKA
ACT   23/2016    DTD.27.7.2016   VIDE  ANNEXURE-A     IS
UNCONSTITUTIONAL, NULL AND VOID.

In Writ Petition No.44329 of 2016:

BETWEEN:

M/s.VEERABHADRAPPA SANGAPPA AND
COMPANY, A PARTNERSHIP FIRM
                             59



'VESCO HOUSE', # 2/138, BELLARY ROAD
SANDUR-583 119, BELLARY DISTRICT
REPRESENTED BY ITS AUTHORISED
SIGNATORY, Mr.K.S.NAGARAJ               ...PETITIONER

        (BY SHRI.S.GANESH, SENIOR ADVOCATE FOR
           SHRI.K.N.SRINIVASA, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST
     ECOLOGY AND ENVIRONMENT
     M.S.BUILDING, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   THE PRINCIPAL CHIEF CONSERVATOR OF
     FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESHWARAM
     BANGALORE-560 003

3.   UNION OF INDIA
     MINISTRY OF LAW AND JUSTICE
     4TH FLOOR, A-WING
     SHASTRI BHAWAN
     NEW DELHI-110 001
     REPRESENTED BY ITS SECRETARY

4.   MONITORING COMMITTEE
     KHANIJA BHAVAN
     RACE COURSE ROAD
     BANGALORE-560 001
     REPRESENTED BY ITS
     CHAIRMAN                          ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
                                60



    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                      Nos.1 AND 2;
SRIMATI.ANUPAMA HEGDE CENTRAL GOVERNMENT COUNSEL
                 FOR RESPONDENT No.3;
   SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
  SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
             COMMITTEE - RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 [KARNATAKA
ACT NO.23/2016] [ANNEXURE-A] IS UNCONSTITUTIONAL AND
VOID AB INITIO.

In Writ Petition No.44417 of 2016:

BETWEEN:

M/s.SREE KUMARASWAMY MINERAL EXPORTS
PVT. LTD., REGISTERED PARTNERSHIP FIRM
REPRESENTED BY ITS MANAGER
SRI.MANJUNATH P
#87, S.V.COLONY
NEAR KUMARASWAMY TEMPLE
CLUB ROAD, BELLARY-583 104             ...PETITIONER

         (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
              SHRI.ANIRUDH ANAND, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001
                            61



2.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE CONSERVATOR OF FORESTS
     BELLARY CIRCLE
     BELLARY-583 101

4.   THE DEPUTY CONSERVATOR OF FORESTS
     BELLARY DIVISION
     BELLARY-583 101

5.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN-DIRECTOR OF
     MINES AND GEOLOGY
     "KHANIJA BHAVAN", RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 4;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
BY ISSUE OF AN APPROPRIATE WRIT, THAT THE KARNATAKA
FORESTS AMENDMENT ACT, KARNATAKA ACT 23 OF 2016
DTD:27.7.2016 VIDE ANNEXURE-A IS UNCONSTITUTIONAL,
NULL AND VOID ETC.,
                                62



In Writ Petition No.44727 of 2016:

BETWEEN:

KALYANI STEELS LIMITED
HOSPET ROAD, GINIGERA
KOPPAL DISTRICT-583 231
REPRESENTED BY ASST. GENERAL MANAGER
SRI.ANAND SHIRSAT
AGED 51 YEARS                              ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST
     ECOLOGY AND ENVIRONMENT
     M.S.BUILDING, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, "ARANYA BHAVAN"
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

4.   THE MONITORING COMMITTEE
     REP. BY ITS CHAIRMAN
     DEPARTMENT OF MINES AND GEOLOGY
     No.49, "KHANIJA BHAVAN"
                                63



     5TH FLOOR, RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 3;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
              COMMITTEE - RESPONDENT No.4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST [AMENDMENT] ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23 OF 2016 AND PUBLISHED IN
THE OFFICIAL GAZETTE ON 27.7.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.45967 of 2016

BETWEEN:

M/s.M.HANUMANTHA RAO
REPRESENTED BY ITS PARTNER
ARUN CHIRANIA
S/O.SHYAM SUNDAR CHIRANIA
AGE: 48 YEARS, No.37, MAIN ROAD
PATEL NAGAR, BELLARY-583 101              ...PETITIONER

           (BY SHRI.K.DHIRAJ KUMAR, ADVOCATE)
AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
                           64



     DEPARTMENT OF PARLIAMENTARY AFFIARS
     VIDHANA SOUDHA, BANGALORE-560 001
2.   PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST, ECOLOGY AND
     ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

3.   THE MONITORING COMMITTEE
     REPRESENTED BY ITS CONVENOR
     KHANIJA BHAVAN, RACE COURSE ROAD
     BANGALORE-560 001

4.   MSTC LIMITED
     A GOVT. OF INDIA ENTERPRISES
     REPRESENTED ITS CHIEF MANAGER
     3RD FLOOR, KAREEM TOWER
     19/5 & 19/6, CUNNINGHAM ROAD
     BANGALORE-560 052

5.   THE DIRECTOR AND COMMISSIONER
     DEPARTMENT OF MINES AND GEOLOGY
     KHANIJA BHAVAN, RACE COURSE ROAD
     BANGALORE-560 001

6.   THE DEPUTY CONSERVATOR OF FORESTS
     DEPARTMENT OF FORESTS
     RADIO PARK, COWL BAZAR
     BELLARY-583 102                 ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                    Nos.1, 2, 5 AND 6;
                                65



     SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
     SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
             COMMITTEE FOR RESPONDENT No.3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
KARNATAKA FOREST (AMENDMENT ACT) 2016 PUBLISHED IN
OFFICIAL GAZETTE ON 27.07.2016 (THE KARNATAKA ACT
NO.23/2016, AMENDING THE KARNATAKA FOREST ACT 1963),
COPYOF THE WHICH IS PRODUCED AT ANNEXURE-H AND TO
DECALRE THE SAME TO BE UNCONSTITUTIONAL.

In Writ Petition No.46231 of 2016:

BETWEEN:

VENKATAKA SAI ISPAT
INDUSTRIES PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT
No.301, P.S.RESIDENCY
JAI HIND ENCLAVE, MADHAPUR
HYDERABAD, TELENGANA-500 081
REPRESENTED BY ITS AUTHORISED SIGNATORY
Mr.K.L.N.PRASAD                       ...PETITIONER

          (BY SHRI.K.ARAVIND KAMATH, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF PARLIAMENTARY AFFAIRS
     VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   DEPARTMENT OF FOREST, ECOLOGY
     AND ENVIRONMENT, M.S.BUILDING
     Dr.AMBEDKAR VEEDHI
                                66



     BANGALORE-560 001
     REPRESENTED BY ITS PRINCIPAL SECRETARY

3.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, "ARANYA BHAVAN"
     18TH CROSS, MALLESHWARAM
     BENGALURU-560 003

4.   DISTRICT CONSERVATIVE FOREST OFFICER
     KARNATAKA FOREST DEPARTMENT
     BELLARY DIVISION
     BELLARY-583 201                ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE
KARNATAKA FOREST (AMENDMENT) ACT, 2016 PUBLISHED IN
THE OFFICAL GAZETTE ON 27.07.2016 AT ANNEXURE-K AS
DISCRIMINATORY AND UNCONSTITUTIONAL AND THEREBY
STRIKE IT DOWN BY ISSUING.

In Writ Petition No.46232 of 2016:

BETWEEN:

HINDUSTAN CALCINED METALS PRIVATE LIMITED
REGD OFFE: 60/356-A, MODI BHAVAN
HOSPET ROAD, ALLIPURA
BELLARY-583 105
REP. BY ITS GENERAL MANAGER
SRI.D.V.MAHESH KUMAR                  ...PETITIONER

      (BY SHRI.H.SRINIVAS RAO, ADVOCATE ALONG WITH
               SHRI.BADRI VISHAL, ADVOCATE)
                                67



AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FOREST, "ARANYA BHAVAN"
       18TH CROSS MALLESHWARAM
       BANGALORE-560 003              ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-C AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.46233 of 2016:

BETWEEN:

MINERA STEEL & POWER PRIVATE LIMITED
REPRESENTED BY ITS DIRECTOR
                             68



SRI.TANVEER AHMED
HAVING ITS REGISTERED OFFICE AT:
811/2, NH63, HOSPET ROAD
ALIPUR, BELLARY-583 105                   ...PETITIONER

       (BY SHRI.H.SRINIVAS RAO, ADVOCATE ALONG WITH
                SHRI.BADRI VISHAL, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS MALLESHWARAM
       BANGALORE-560 003              ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-C AS
                                69



DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.46234 of 2016

BETWEEN:

BIOP STEELS AND POWER PRIVATE LIMITED
REGD. OFF AT: MODI BHAVAN
HOSPET ROAD, ALLIPUR
BELLARY-583 104
REP. BY ITS GENERAL MANAGER
SRI.D.V.MAHESH KUMAR                      ...PETITIONER

       (BY SHRI.H.SRINIVAS RAO, ADVOCATE ALONG WITH
                SHRI.BADRI VISHAL, ADVOCATE)
AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS MALLESHWARAM
       BANGALORE-560 003              ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
                                70



   SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-C AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.


In Writ Petition No.46532 of 2016:

BETWEEN:

M/s.THAKUR INDUSTRIES
No.F-2, 1ST FLOOR, R.R.KUTEERA
DOOR No.48, 29TH WARD
BDCC BANK COLONY, M.J.NAGAR
HOSPET-583 201
BELLARY DISTRICT
REPRESENTED BY PARTNER
Mr.M.PRAKASH LALWANI                       ...PETITIONER

         (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
              SHRI.ANIRUDH ANAND, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST
     ECOLOGY AND ENVIRONMENT
     M.S.BUILDING, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001
                            71



2.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE CONSERVATOR OF FORESTS
     BELLARY CIRCLE
     BELLARY-583 101

4.   THE DEPUTY CONSERVATOR OF FORESTS
     BELLARY DIVISION
     BELLARY-583 101

5.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN-DIRECTOR OF MINES
     AND GEOLOGY, "KHANIJA BHAVAN"
     RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 4;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
            COMMITTEE FOR RESPONDENT No.5)
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
BY ISSUE OF AN APPROPRIATE WRIT THAT THE KARNATAKA
FORESTS AMENDMENT ACT, KARNATAKA ACT 23 OF 2016
DTD:27.7.2016 VIDE ANNEXURE-A IS UNCONSTITUTIONAL NULL
AND VOID ETC.,
                                72



In Writ Petition No.46533 of 2016:


BETWEEN:
M/s.KEJ MINERALS PVT. LTD.,
A COMPANY REGISTERED UNDER THE
PROVISIONS OF COMPANIES ACT, 1956
# 17, SRI.RAGHAVENDRA LAYOUT
'D'-BLOCK, OPP. M.E.I., TUMKUR ROAD
YESHWANTHPUR
BANGALORE-560 022

REPRESENTED BY ITS MANAGING DIRECTOR
NAROTTAM KEJRIWAL
S/O.SHRI.N.P.KEJRIWAL                      ...PETITIONER

         (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR
              SHRI.ANIRUDH ANAND, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF FOREST
     ECOLOGY AND ENVIRONMENT
     M.S.BUILDING, Dr.AMBEDKAR VEEDHI
     BANGALORE-560 001

2.   THE PRINCIPAL CHIEF CONSERVATOR
     OF FORESTS, ARANYA BHAVAN
     18TH CROSS, MALLESWARAM
     BANGALORE-560 003

3.   THE CONSERVATOR OF FORESTS
     BELLARY CIRCLE
     BELLARY-583 101
                                73



4.   THE DEPUTY CONSERVATOR OF FORESTS
     BELLARY DIVISION
     BELLARY-583 101

5.   THE MONITORING COMMITTEE
     BY ITS CHAIRMAN-DIRECTOR OF
     MINES AND GEOLOGY
     "KHANIJA BHAVAN", RACE COURSE ROAD
     BANGALORE-560 001               ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
     SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
  ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT
                        Nos.1 TO 4;
    SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG WITH
   SHRI.M.KESHAVA REDDY, ADVOCATE FOR MONITORING
            COMMITTEE FOR RESPONDENT No.5)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
BY ISSUE OF AN APPROPRIATE WRIT THAT THE KARNATAKA
FORESTS AMENDMENT ACT, KARNATAKA ACT 23/2016 DATED
27.07.2016 AT ANNEXURE-A IS UNCONSTITUTIONAL , NULL AND
VOID ETC.,

In Writ Petition No.46815 of 2016:

BETWEEN:

MARUTI ISPAT & ENERGY PRIVATE LIMITED
5-4-83, RAMA TOWERS, 2ND FLOOR
TSK CHAMBERS, M.G.ROAD
SECUNDERABAD-500 003
ANDHRA PRADESH, INDIA
REP. BY ITS DIRECTOR                      ...PETITIONER

             (BY SHRI.BADRI VISHAL, ADVOCATE)
                                74



AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS, MALLESHWARAM
       BANGALORE-560 003              ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23/2016 AND PUBLISHED IN THE
OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-C AS
DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND
THEREBY STRIKE DOWN THE SAME.

In Writ Petition No.46963 of 2016:

BETWEEN:

M/s.S.V.CHETTY IRON ORE MINES
OLD INCOME TAX OFFICE
                             75



BUILDING, NEAR SAHAKARI KALYANA MANTAPA
N.C.COLONY, HOSPET-583 201
REPRESENTED BY Mr.MALLANAGOUDA          ...PETITIONER

     (BY SHRI.M.V.SUNDER RAMAN, ADVOCATE ALONG WITH
               SHRI.K.ARUN KUMAR, ADVOCATE)

AND:
1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001


2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001
3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
       18TH CROSS, MALLESHWARAM
       BANGALORE-560 003              ... RESPONDENTS

   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THE KARNATAKA FOREST (AMENDMENT) ACT, 2016 ENACTED
UNDER KARNATAKA ACT NO.23 OF 2016 AND PUBLISHED IN
THE OFFICIAL GAZETTE ON 27.07.2016 VIDE ANNEXURE-A AS
DISCRIMINATORY, ARBITRARY, AND UNCONSTITUTIONAL.
                                76




In Writ Petition No.47713 of 2016:

BETWEEN:

SRI.V.N.K.MENON
S/O LATE SRI S K NAIR
AGED ABOUT 72 YEARS
VILLA No.159, 1ST PHASE
"ADARSH PALM RETREAT"
DEVERABISANAHALLI BELANDUR POST
OUTER RING ROAD
BANGALORE-560 103
AND HAVING MINES OFFICE AT
No.6, KHB COLONY, SANDUR-583 119
BELLARY DISTRICT                         ...PETITIONER

        (BY SHRI.UDAY HOLLA, SENIOR ADVOCATE FOR
              SHRI.K.N.PHANINDRA, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF PARLIAMENTARY AFFAIRS
       VIDHANA SOUDHA, Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF FOREST, ECOLOGY AND
       ENVIRONMENT, M.S.BUILDING
       Dr.AMBEDKAR VEEDHI
       BANGALORE-560 001

3.     THE PRINCIPAL CHIEF CONSERVATOR
       OF FORESTS, "ARANYA BHAVAN"
                           77



    18TH CROSS, MALLESHWARAM
    BANGALORE-560 003                ... RESPONDENTS


   (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH
 SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND
    SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH,
 ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS)

    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE

KARNATAKA   FOREST   [AMENDMENT]   ACT,   2016   ENACTED

UNDER KARNATAKA ACT NO.23 OF 2016 AND PUBLISHED IN

THE OFFICIAL GAZETTE ON 27.7.2016 VIDE ANNEXURE-A AS

DISCRIMINATORY, ARBITRARY AND UNCONSTITUTIONAL AND

THEREBY STRIKE DOWN THE SAME.



    THESE WRIT PETITIONS, HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON SEPTEMBER 18, 2017, COMING

ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, P.S. DINESH

KUMAR, J., PRONOUNCED THE FOLLOWING:-
                                    78




                          ORDER

In all these writ petitions, the petitioners are challenging, inter alia, the Constitutional validity of Act 23 of 2016, amending Chapter XI-A of the Karnataka Forest Act, 1963 ('Forest Act' for short).

2. Briefly stated the facts of the case are, the Forest Act was amended during 1976 inserting Chapter XI-A with effect from December 24, 1975, which provided for levy of forest development tax on disposal of forest produce by the State Government under Sections 98-A and 98-B of the Forest Act.

3. Further, in the year 1989, by Act 10 of 1989, the provision of Section 98-A was made applicable, with effect from February 14, 1978, to the Corporations owned or controlled by the State Government.

79

4. The validity of levy under Section 98-A of the Forest Act was challenged in this Court, contending inter alia that the said levy was in fact a fee, and such a fee could not have been levied as there was no quid pro quo with reference to the quantum of levy. This Court, in the case of Gurusiddappa Nurandappa Uppin and etc. etc. v. State of Karnataka and another etc. (AIR 1981 KAR 216), rejecting the contention of the petitioners therein, held that the levy under Section 98-A was not a 'fee', but answers the description of 'tax'.

5. Thereafter, the State Government were collecting forest development tax under Section 98-A of the Forest Act at the rate of 8 % p.a. on the royalty amount paid by the lease holders by treating the same as a 'disposal' within the meaning of Section 98-A. Such collection of forest development tax was challenged by several mining lease holders. This Court, in a decision rendered on July 2, 1996 80 in Writ Petition No.35525 of 1993 and connected writ petitions (R.Rampapathi v. State of Karnataka and others) held that the forest development tax was not leviable on the royalty. The writ appeals filed thereon, as also the Special Leave Petitions filed by the State Government before the Supreme Court of India in S.L.P.No.3742 - 46 of 1999 (State of Karnataka v. R.Rampapathi) stood dismissed.

6. By a notification dated August 16, 2008, the State Government brought the 'holders of mines and quarries situated in forest area' as 'body' under the ambit of Section 98-A(1) of the Act, requiring them to pay forest development tax. In furtherance thereof, instructions were issued to the Principal Chief Conservator of Forests in Karnataka to recover forest development tax based on the value of minerals shown in bills and invoices. Official Memoranda were issued to the lease holders to pay tax at the rate of 8% p.a. on the invoice value or the price fixed by the National Mineral Development 81 Corporation or Mysore Minerals Limited, whichever was higher. So far as the mines situated in the Ballari circle are concerned, by a communication dated October 13, 2008, the forest development tax was sought to be recovered at 12% p.a.

7. The aforesaid notification dated August 16, 2008, and consequential communications were challenged in writ petitions before this Court. In a decision rendered by a Division Bench of this Court, on December 3, 2015, of which one of us (the Chief Justice), is a party, in the case of National Mineral Development Corporation Limited, Bangalore v. State of Karnataka and another reported in 2016(1) AKR 642, held, inter alia, that forest development tax is a 'Tax' leviable under Entry 54 List II and it is not 'fee' within the scope of Entry 47 List III of the Constitution.

8. The aforesaid decision in NMDC Case, is pending adjudication in Special Leave Petitions No.6219 - 6313 of 82 2016 and other connected cases before the Supreme Court of India.

9. Now, by Act 23 of 2016, notified in the gazette on July 27, 2016, the State Government has again amended Chapter IX-A of the Forest Act, which is under challenge in these proceedings.

10. We have heard Mr.S.Ganesh, Mr.D.L.N.Rao and Mr.Uday Holla, learned senior advocates for the petitioners and Mr.S.K.Bagaria, learned senior advocate for the State Government and Mr.Aditya Sondhi, learned additional Advocate General for the Monitoring Committee.

11. The principal contentions urged on behalf of the petitioners are:

(i) The State lacks legislative competence to enact the impugned legislation;
(ii) The impugned act is contrary to the law laid down by this Court in the case of Gurusiddappa supra, 83 and other judicial pronouncements. Therefore, without altering the basis of the judicial pronouncements, the State could not have brought in the amendment only by adding explanations;
(iii) No fee is leviable unless there is a quid pro quo in the form of a service or benefit;

12. The petitions are opposed by the State by filing the Statement of Objections contending inter alia:

(i) that the findings recorded in Gurusiddappa's case are of no avail, as this Court in the said case, did not dwell on the question of validity of Section 98-A;
(ii) the concept of quid pro quo has undergone a total transformation. Further, environmental jurisprudence has also undergone a sea change. The levy under Section 98-A goes into a specific fund called 'Karnataka Forest Development Fund' as stipulated under Section 98-B and therefore, there is a direct nexus between the purpose and the object to be achieved. It has been held by the Apex Court that 84 it is not necessary to establish that those who pay the tax must receive direct or special benefit;
(iii) the Net Present Value (NPV), which the assessee pays under the Forest Conservation Act, 1980, in proportion to the forest land diverted, is utilised for eco restoration activities, the benefits of which are enjoyed by the Society as a whole. The forest development fee fulfils the criteria of quid pro quo as the said fee shall be used for raising plantation for Protection, Conservation and Management of Forest and Wild Life; and other ancillary purposes;
(iv) this Court in the case of NMDC supra, ought not to have relied upon the findings of a Co-ordinate Bench to declare that the levy is in the form of a 'tax' and not 'fee'. But, ought to have re-examined the entire issue keeping in view, the environmental jurisprudence especially with regard to the concept of quid pro quo.
85

13. Mr. S.K.Bagaria, learned Senior advocate for the State, arguing in support of the impugned amendment (Act 23 of 2016), made following submissions:

(i) the judgment of the Gurusiddappa does not come in the way, inasmuch as, by the impugned amendment (Act 23 of 2016), what is sought to be charged is 'fee' and not 'tax';
(ii) this Court, while allowing NMDC supra, has held;

• firstly, that having regard to the context in the expression, 'a body' would mean an artificial person created by a legal authority. Therefore, the expression 'a body' cannot have a reference to an individual or a natural person;

• secondly, placing reliance on Gurusiddappa supra, repelled the contention advanced on behalf of the State, that the forest development tax is in the nature of a fee, which could be imposed having regard to Entry 47 List III of the Constitution;

(iii) the impugned amendment (Act 23 of 2016) has been brought in after curing the aforementioned aspects. The purpose of the amendment is to:

86

(a) declare the meaning and purpose of the word 'a body notified by the State Government' occurring in Section 98-A;
(b) restate the nature of levy and declare that it is in the nature of fee; and
(c) validate collection of forest development tax or forest development fee from 2008 onwards.
(iv) the levy under Section 98-A of the Forest Act, though earlier called as tax was always in the nature of fee, having all the ingredients of fee and the legislature has only re-stated the same;
(v) the forest development fee is intended to augment the resources required for the State Government to carry out it's duties as the custodian of natural resources in accordance with the doctrine of public trust. The funds required to achieve the objective of National Forest Policy are enormous, and a beginning in this direction has been made, out of the resources augmented by the collection of levy;
87
(vi) after expansion of scope of Section 98-B(4) by the amendment Act, 2016, the levy collected under Section 98-A can be spent for raising of plantation, afforestation and management of wild life;
(vii) that an examination of the Chapter I to XII of the Forest Act shows that the said Act is regulatory in nature. To impose a regulatory fee, there is no requirement of quid pro quo;
(viii) that the entire field is not occupied by the MMDR Act.

This Court has elaborately considered this aspect in the NMDC case, supra and held that tax and fee is not a subject matter dealt by the MMDR Act. Thus, the State legislature is not denuded of it's power to impose levy either in the form of forest development tax or forest development fee having regard to Entry 54 List I of the Constitution and the MMDR Act;

(ix) that the levy under the NPV and the compensatory afforestation charges and the forest development fee are mutually exclusive and there is no duplication; 88

(x) the levy now sought to be imposed in the form of fee is not in the form of additional royalty, as the instant levy is on the disposal of forest produce (minerals);

(xi) that the levy being a fee is not violative of article 286(1) of the Constitution; and

(xii) that, irrespective of the amendment, the levy collected from August 16, 2008, is not admittedly paid by the lessees, but by the purchasers of the forest produce, who inturn would have passed on the burden to other processors and eventually to the consumers. Therefore, any refund of the same amounts to unjust enrichment, inasmuch as the burden of tax has been passed on to the purchaser.

14. We have carefully considered the submissions made by the learned senior advocates on behalf of the petitioners and Mr.S.K.Bagaria, learned senior advocate on behalf of the State.

89

15. This Court in the case of NMDC supra, has held that 'Forest development Tax' is a 'tax' leviable under Entry 54 List II and it is not a fee within the scope of Entry 47 of List III. FDT being in the nature of a sales tax, following the dictum of the Division Bench in Gurusiddappa (supra), it is held that it is neither compensatory nor regulatory in nature. It is compulsory exaction and not a fee.

16. In the light of rival contentions, the point that falls for consideration is whether this is a case of an attempt by the State Government to annul the judgment of this Court in NMDC case.

17. It is settled that an earlier judicial decision can be rendered ineffective only by removing the legal basis in the un-amended act, on which such decision was founded.

18. In the statement of objects and reasons, in the instant case, it is stated as follows:-

90

"7. In Guru Siddappa v State of Karnataka AIR 1981 Kar 216, the Division Bench of the Karnataka High Court had held that the Forest Development Tax (FDT) levied on the purchase price of forest produce was within the legislative competence of the State under Entry 54 of List-II and constitutionally valid. Although the unamended section 98A(1) refers to the levy of a tax, the impost is more in the nature of a fee. The amount collected by way of forest development tax is earmarked for development and regeneration of forest and does not go to the general revenue of the State to be spent for general public purpose. This is also made clear by section 98B of the Act which specifies that the Forest Development tax (FDT) and interest that is levied and collection under section 98A will form part of the Karnataka Forest Development Fund. The Forest Development Tax (FDT) and other amounts specified in section 98B(2), although credited to the Consolidated Fund of the State, is later appropriated and transferred to the aforesaid Karnataka Forest Development Fund.
8. In State of Maharashtra v Salvartion Army AIR 1975 SC 846, the Supreme Court held that an impost which initially was in the nature of a fee would subsequently assume the characteristics of a tax. The converse is equally true. The decision of the Karnataka High Court was rendered in 1981 and Forest Development Tax (FDT) was treated as a tax coming within Entry 54 of List-II.
9. Since, the Forest Development Tax (FDT), as a fee, will be levied at the time of disposing by way of sale or otherwise of forest produce, the fee is being levied in exercise of powers of the State Legislature under Entry 66 of List-II of schedule VII of the constitutions. In Corporation of Calcutta v. Liberty Cinemas AIR 1965 SC 1107, Hon'ble Supreme Court held that the fee can also be under an enactment relatable to the imposition of a tax. In any event, the State Government has the authority to levy such fee under Entry 47, List III.
Validation:
10.1 The State Government has levied and collected more than Rupees 3500 crores as Forest Development Tax (FDT) after 91 the impugned notification was issued in 2008. All the petitioners in the above judgment conceded that they were disputing the levy only upto 2011. However, it is proposed to validate such collections both by the lease holders of mines and quarries situated in forest area and by the Monitoring Committee, from the purchasers of minerals till date. The Present Bill seeks to achieve the objects as mentioned above and also to provide for the validation of the levy and collection of Forest Development Tax (FDT). Clause 6 of the Bill, inter alia, provides that any demand and/or any action taken under the provisions of the Act as in existence prior to this amendment Bill shall be deemed to have taken or levied under the new law after the amendment. This will validate the demand made by deeming it to have been made under the amended law and thus protect the revenue of the State. This Bill thus cures the infirmity and removes the defect found in the existing provisions and makes adequate provisions in the validation clause for a valid imposition of the Forest Development Tax and Forest Development Fee.

10.2 The State Government proposes to recomputed the Forest Development Fee as per prescribed rules or guidelines. If the demand as computed as per new rules or guidelines is lesser than the amount of Forest Development Fee demanded under the erstwhile section 98A or any notification issued thereunder, the lesser amount will be payable as Forest Development Fee.

10.3 A provision is also proposed to exempt or reduce Forest Development Tax (FDT) or Forest Development Fee by Government by notification prospectively or retrospectively in public interest by any specific clause of person or in respect of any specified forest produce."

(Emphasis supplied)

19. The specific case of the State Government, as discernable from the written submissions is, though, the levy under Section 98-A of the Forest Act was earlier called as 'tax' 92 it has always been in the nature of 'fee'. It is also the specific case of the State that this contention was urged in the NMDC case, and the same was rejected.

20. It is relevant to note that Chapter XI-A was inserted by Act 15 of 1976 and it was deemed to have come into effect with effect from December 24, 1975.

21. Admittedly, Gurusiddappa (supra), was decided in the year, 1981 holding that, the levy imposed under Section 98-A of the Forest Act was a 'tax'. Accepting this position, the State Government issued a Notification published in the official gazette on August 16, 2008, bringing the holders of mines and quarries situated in forest area under the ambit of Section 98-A of the Forest Act and requiring them to pay forest development tax. However, it is now sought to be contended on behalf of the State that, the State had always construed the levy as 'fee', but not 'tax'. The gazette notification dated August 16, 2008, reads as follows:- 93

"KA-BG-GPO/2515/WPP-47/2006-08 KARNATAKA STATE GAZETTTE OFFCIALLY PUBLISHED SPECIAL EDITION Part- Bangalore, Wednesday, August 27, No.937 IV-A 2008 (Bhadrapada 5, Shaka Varsha, 1930) FOREST, ECOLOGY AND ENVIRONMENT SECRETARIAT NOTIFICATION No.FEE 248 FDP 2006, Bangalore, Dated:16th August, 2008 In exercise of the powers conferred by Sub-section (1) of Section 98-A of the Karnataka Forest Act, 1963 (Karnataka Act No.5 of 1964), the Government of Karnataka hereby notifies the lease holder of mines and quarries situated in forest area for the purpose of the said sub-section.

This will come into effect from the date of its publication in the Official Gazette.

By order and in the name of Government of Karnataka, VADAGAVE BAAVARAJ Under Secretary to Government, Forest, Ecology & Environment Department"

22. A careful perusal of the above notification makes it clear, that the intention of the State was to bring the leaseholder of mines and quarries within the ambit of Section 98-A of the Forest Act. The Section 98-A, prior to amendment 94 contemplated levy of forest development 'tax'. This Court having quashed the Notification dated August 16, 2008 and consequential communications in the NMDC Case, the argument advanced on behalf of the State that their assumption of levy was always a fee, must fail.

23. This leads us to now examine the impugned amendment (Act 23 of 2016). The amended Section 98-A reads as follows:-

"1[CHAPTER XI-A FOREST DEVELOPMENT 2[FEE] 98-A. Levy of Forest Development 3[fee].--(1) Notwithstanding anything contained in this Act, in respect of forest produce disposed of by the State Government 4[or by a corporation, owned 5[or controlled by the State Government] or a body notified by the State Government] by sale or otherwise, there shall be levied and paid to the State Government a 6[fee] at the rate of 7[twelve per cent] on the amount of consideration paid therefor:
8
[*****]:
1
[*****]:
2
[provided also that , in respect of minerals which is a forest produce the rate of Forest Development fee shall be twelve percent.] 3 [Explanation: (1) For the removal of doubts, it is hereby declared that for the purposes of this sub-section, the words "a 95 body notified by the State Government" shall mean and include all entities directly or indirectly engaged in disposing of forest produce found in, or brought from, a forest, as individuals or other entities including Hindu Undivided Family, Company or foreign Company, partnership firms, societies, cooperative societies, other bodies corporate, trusts, lease holders of mines and quarries situated in forest area or any other association or committee or person, whether or not such individuals or entities constituted TABLE Sl Forest produce When disposed of to No (1) (2) (3)
1. Timber, Firewood, grass, Industries Charcoal and Eucalyptus
2. Bamboo, reds and canes Pulp and Paper Industries except Cottage Industries;
3. Sandalwood (a) Sandalwood Oil, Factories; and
(b) Others, except;

(i )Artisans

(ii)Religious Institution; and

(iii) Cottage Industries

4. Minor Forest produce as Industries except Large defined in the rule but not scale Multipurpose Co-

            falling under Serial numbers 1        operative        Societies
            and 2                                 (LAMPS)]".


themselves into a juristic entity and whether or not such individuals or entities collectively come together and act as a group or body.

Explanation: (2) For the removal of doubts, it is hereby declared that for the purpose of this sub-section, the words, "or otherwise" includes disposal through captive consumption.

Explanation: (3) For the removal of doubts, it is hereby declared that Forest Development Fee shall be levied on the disposal of the forest produce irrespective of whether such forest produce is intended for sale inside or outside the State of Karnataka or for the purpose of export or for captive consumption.] 1 [(1-A) Notwithstanding anything contained in sub-section (1), no 2[fee] shall be payable to the State Government by a 96 corporation, owned or controlled by the State Government to the extent of 3[fee] not levied and collected by it during the period from fourteenth day of February, 1978, till the commencement of the Karnataka Forest (Amendment) Act, 1988.] 4 [(1-B) Notwithstanding anything contained in subsection(1), no fee shall be levied on the forest produce which is not found in or not brought from the forest except when it is disposed of by the State Government.

(1-C) Notwithstanding anything contained in subsection(1), no Forest Development Fee on forest produce shall be payable to the State Government, for which no demand was raised during the period from 16th August of 2008 till the commencement of the Karnataka Forest (Amendment) Act, 2015 (Karnataka Act 41 0f 2015); and (1-D) The State Government may make rules regarding manner of Levy, computation and collection of Forest Development fee from a retrospective date.] (2) The said 5[fee] shall be collected along with such consideration.

(3) It is hereby declared that the said 1[fee] shall be in addition to and not in lieu of any 2[fee] payable in respect of such produce under any other law in force.

3

[(4) There shall be levied and collected interest at the rate of eighteen percent per annum till the date of payment or recovery of all 4[fee] dues.] 98-B. Forest Development Fund.--(1) There shall be constituted for the State of Karnataka a Fund called the Karnataka Forest Development Fund.

5

[(2) The following shall form part of the Karnataka Forest Development Fund, namely:--

(a) the 6[fee] 7[and interest] levied and collected under section 98-A;
97
(b) the money recovered for raising compensatory plantation in lieu of the forest area made over for non-forestry purposes;
(c) sandal surcharges collected for the development of sandalwood resources;

(2-A) The amounts referred to in sub-section (2) shall first be credited to the Consolidated Fund of the State and under appropriation duly made by law in this behalf, be entered in and transferred to the Karnataka Forest Development Fund.] (3) Any amount transferred to the said fund under sub- section (2), shall be charged upon the Consolidated Fund of the State.

8

[(4). The amount at credit of the said fund shall be expended only for one or more of the following purposes, namely:-

(a) raising of plantations in notified forest areas and such other purposes as are ancillary thereto namely soil and moisture conservation works in notified forest areas;
(b) consolidation of the boundaries of notified forest areas;
(c) acquisition of private areas for the consolidation of forests;
(d) construction and maintenance of forest housing in rural areas for frontline staff;
(e) training, capacity building, research and technology;
(f) sustaining Joint Forest Planning and Management activities and the Village Forest Committees/eco development committees;
(g) rehabilitation and resettlement of people from interior forest areas;
(h) such other activities relating to Forest development or management or wild life protection and management as may be notified by the State Government from time to time.]"
98
24. If the amended provision is read in juxtaposition with the un-amended provision, it is noticed that the word 'tax' is substituted by the word 'fee'.
25. By explanation (1), all entities from individual to corporate companies have been included within the definition of 'a body notified by the State Government'.
By explanation (2), captive consumption has been brought within the definition 'otherwise'.
By explanation (3), any sale inside or outside the State of Karnataka or for the purpose of export or for captive consumption have also been brought within the ambit of this Section.
26. In Gurusiddappa (supra), this Court has recorded as follows:-
"34......... Applying those tests, it is not possible to accede to the contention urged for the petitioners that the levy under Section 98A of the Act is in the nature of fee. The levy under that section is not intended to cover the expenses for rendering service to any person or class of persons from whom the amount is collected. Similarly, the 99 levy is not in the nature of compensatory tax as found in the Automobile Transport's case. In the said case the tax levied by the Rajasthan State on motor vehicles carrying goods and passengers was challenged by the petitioners therein on the ground that it was violative of Article 301 of the Constitution which provides that trade, commerce and intercourse throughout the country shall be free from all restrictions. The contention was negatived by the Supreme Court holding that the tax was compensatory in nature in that it was meant to compensate the State in respect of the money required to be expended for construction and maintenance of roads and bridges which were being used by the petitioners and others for the purpose of trade, commerce and inter course. The levy under Section 98A of the Act in a compulsory exaction of money for public purpose and answers the description of tax. It is neither compensatory nor regulatory in nature. In any event, it is not shown how existence of quid pro quo is necessary to impart validity to the levy even if it is compensatory and/or regulatory in nature when the levy is a tax and not a fee. Hence, the third contention is devoid of any substances."

(Emphasis supplied)

27. It is not the case of the State that Gurusiddappa (supra), has not declared a correct position of law. Surprisingly, the State have taken a peculiar stand and sought to assail the judgment of this Court in NMDC (supra), in these proceedings by contending thus in the Statement of objections:-

"17. The contention of the petitioners that in the light of the judgments in Gurusiddappa and NMDC case, the character of levy pursuant to the impugned amendment cannot be held to be of a fee, that too with retrospective effect, is not sustainable as this 100 Honourable High Court, in the NMDC case ought not to have relied on the findings of its coordinate bench to declare that the levy is in the nature of a tax and not a fee and should have re- examined the entire issue in light of the facts mentioned in the above paras and should have taken into consideration inter alia the fact that Tax and Environmental jurisprudence, especially with regard to concept of quid pro quo, have undergone a total transformation in light of the recent decisions of Hon'ble Supreme Court. It is further submitted that the said levy, even before the impugned amendment, was in the nature of fee as it fulfilled all the criteria of a fee as enunciated by the Honourable Supreme Court, as explained in the above paras. The impugned amendment has only has restated the same. The same is evident from the Statement of Objects and reasons appended to the Bill which is appended herewith as ANNEXURE R1.".

(Emphasis supplied)

28. Thus, even according to the State, the findings recorded and the decision rendered in Gurusiddappa (supra), holds the field as on date. Therefore, it is reasonable to construe that, not withstanding State's assumption, the levy imposed by the State, prior to amendment, cannot be anything but 'tax'.

29. No doubt, 'fee' can be imposed by the State in appropriate cases. But, we hasten to add that in the instant case, the forest produce involved is a mineral and the same is 101 governed by the provisions of the MMDR Act. Declaration contained in Section 2 of the MMDR Act, is unequivocal and reads as follows:-

"2. Declaration as to the expediency of Union control.- It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided."

30. It is also the specific case of the State that the levies under the NPV, compensatory afforestation fee, recovered under the Forest Conservation Act, 1980; and the fee now sought to be levied are exclusive and do not overlap each other. The written submission by the State and a comparative statement appended to it, reads as follows:-

4. Levies (NPV, CA charges & FDF) mutually exclusive and no duplication The contention of the petitioners that the mining lease holder is required to pay royalty under provisions of MMDR Act, NPV & CA charges towards CAMPA and Forest Development Fee (FDF) under KFA, 1963 which is nothing but duplication of levies, on the very same assesse in respect of the very same transaction, and meant to be utilised for the very same purpose, one by the Union and one by the State Government is a complete and patent anathema to our Constitution, is totally erroneous. Each of the levy is in principle and concept varied from one another. Under 102 no stretch of imagination can the differential levies be placed in the same bracket.

In this regard, the following chart of objective comparison of the above mentioned levies makes it amply clear that these levies are in no way duplication, as they are neither levied on the same assesse, nor on the same transaction or are meant to be utilised for the same purpose.

A. Following is the comparison of the levies of NPV/CA with Forest Development Fee (FDF):

LEVY Compensatory Net Present Forest Remarks Afforestation Value (NPV) Development Charge (CA) Fee (FDF) Legal Entry No. 47 read Entry No. 47 Entry 17 A of Competence with Entry 20 of read with Entry List III read List III of 20 of List III of with Entry 47 Schedule VII of the Schedule VII of of List III of Constitution the Constitution Schedule VII and or Entry 54 of List-II read with Entry 66 of List-II of Schedule VII of the Constitution.

Statute under FC Act & EP Act FC Act & EP Karnataka which it is Act Forest Act, levied 1963 Specific Compensate the Compensate for For Objective is objective of loss of forest cover the ecological managing, distinctly different levy due to diversion of service lost due improving, for all the three forest land. to diversion of protecting levies.

                                        forest land i.e.    and
                                        to get back, in     enhancing the
                                        the long run,       forests    and
                                        benefits which      wildlife of the
                                        are    lost   by    entire State of
                                        diversion     of    Karnataka as
                                        forest land for     detailed in the
                                        non-forestry        Karnataka
                                               103



                                      purposes.           Forest
                                                          (Amendment)
                                                          Act      2015,
                                                          wherein the
                                                          existing
                                                          Forest cover
                                                          is enhanced
                                                          through
                                                          afforestation
                                                          of degraded
                                                          forest lands of
                                                          Karnataka by
                                                          raising forest
                                                          plantations.

When is the     Levy is charged       Levy is charged     Levy       is
Levy charged    when there is         when there is       charged when
                diversion of forest   diversion    of     there      is
                land under FC Act     forest     land     disposal  of
                                      under FC Act        forest
                                                          produce.

Levy used for   For afforestation     For activities to   For               The fee or charge
what purpose    of proportionate      compensate the      managing,         so levied in the
                forest/non forest     ecological          improving,        three instances are
                land as stipulated    services lost due   protecting        used for different
                by MOEF, GOI in       to diversion of     and               purposes and are
                lieu of the forest    forest area. This   enhancing the     mutually exclusive
                land diverted i.e,    is in proportion    forests    and
                280 sq. kms.          to area diverted    wildlife of the
                                      for non- forestry   entire State of
                                      purpose i.e, 280    Karnataka
                                      sq. kms.            including
                                                          afforestation
                                                          in all the
                                                          degraded
                                                          forest areas of
                                                          the State of
                                                          Karnataka

Levy       is   Compensatory          Compensatory        Karnataka         Compensatory
credited  to    Afforestation Fund    Afforestation       Forest            Afforestation Fund
which Fund      and managed as        Fund          and   Development       receives      funds
                per CAF Act,          managed as per      Fund              collected from user
                2016.                 CAF Act, 2016.      (KFDF),           agencies/lessees
                                                          which came        towards         CA,
                                                          into existence    ACA,PCA,       NPV
                                                          from 1976.        and     all   other
                                                                            amounts recovered
                                                                            from such agencies
                                                                            under the Forest
                                                                            (Conservation)
                                                104



                                                                              Act, 1980.

                                                                              KFDF        receives
                                                                              funds      collected
                                                                              from the Forest
                                                                              Development Fee
                                                                              and           sandal
                                                                              surcharges
                                                                              collected         for
                                                                              development        of
                                                                              Sandalwood
                                                                              resource
Rate at which    Present rate is       Present      rate   Present rate       While the CA and
the levy is      Rs.2.55       Lakh/   varies from Rs      is 12% on the      NPV charges are
collected        hectare basis         4.38        Lakh    amount      of     one time payments
                                       /hectare to Rs      consideration.     to be done while
                                       10.43       Lakh                       seeking approval
                                       /hectare                               under FC Act
                                       depending      on                      while FDF is to be
                                       the eco class.                         collected        and
                                                                              remitted every time
                                                                              there is disposal of
                                                                              forest produce.

Levy             Hectares of land      Hectares of land    Consideration
collection is    diverted              diverted            collected for
directly                                                   each disposal
proportional                                               of       forest
to                                                         produce.

Responsibility   State Government      State               The       State
to collect the                         Government          Government,
levy                                                       Corporation
                                                           owned        or
                                                           controlled by
                                                           State    Govt.
                                                           and the body
                                                           notified     by
                                                           State
                                                           Government,
                                                           who           is
                                                           disposing of
                                                           the      forest
                                                           produce. The
                                                           State
                                                           Government
                                                           has notified
                                                           under     98A,
                                                           the     mining
                                                           lease holders
                                                           for        this
                                                    105



                                                                 purpose.

     Who pays the   The           User     The         User      The entity to       The            User
     levy           agency/lessee    to    agency/lessee to      which        the    agency/lessee has
                    which the forest       which the forest      forest              only been given the
                    land has been          land has been         produce        is   responsibility   of
                    leased    for     a    leased for a          disposed      of    collecting the levy
                    specific    period     specific period       either through      from the entity to
                    under FC Act. It is    under FC Act. It      sale          or    whom       it     is
                    a          onetime     is a onetime          otherwise,          disposed and remit
                    payment.               payment.              every      time     the same to the
                                                                 disposal      of    Government.
                                                                 forest
                                                                 produce takes
                                                                 place.

     Status    of   MOEF, GOI has          NPV is being          Till       now
     implementati   till date stipulated   utilized       for    approximately
     on        in   afforestation     of   carrying       out    3,88,899
     Karnataka      approximately          various forestry      Hectares of
                    24,673 ha of land      activities            forest land in
                    as compensatory        including forest      Karnataka
                    afforestation     in   boundary              has        been
                    lieu of the forest     consolidation,        afforested
                    land diverted. Out     survey        and     from 1977-78
                    of            which    demarcation of        till date under
                    approximately          forest       area,    the Karnataka
                    22,425 ha has          infrastructure        Forest
                    already        been    development,          Development
                    planted.               natural assisted      Fund (KFDF)
                                           regeneration,         to which the
                                           Protection and        FDF           is
                                           Management of         credited to.
                                           forests and Wild
                                           life     etc    in
                                           proportion      to
                                           280 sq. kms.




31. A careful perusal of the above shows that, in substance, the State Government envisages to enhance the forest by using the fee collected under the amended provision. It is significant to note that NPV and compensatory 106 afforestation charges are collected by the leaseholders to compensate, for the ecological loss and diversion of forest. Therefore, though the object of the State Government is laudable, we are afraid, the contention that there is no duplication is unsustainable.

32. Thus, the most important aspect, which remains for consideration is, whether at all, the State could have sought to rename 'tax' as 'fee' in Section 98-A by mere substitution without removing the base upon which there existed earlier judicial pronouncements.

33. Though, in reiteration, we may record that this Court in Gurusiddappa (supra), has held that what was sought to be levied under the un-amended Section 98-A was a 'tax'.

34. Mr.S.K.Bagaria, heavily relied upon the statement of objects and reasons considered before enacting the 107 impugned amendment (Act 23 of 2016) and contended that this Court in NMDC case had quashed the Notification on the ground that the expression 'a body' would not include lease holders of mines. The basis of this finding has been removed by adding the explanation (1). But, the express finding recorded by this Court in paragraph 19(c) of NMDC case is as follows:

"(c) Re: Point No.(iii).- It is held that FDT is a tax leviable under Entry 54 List II and it is not a 'fee' within the scope of Entry 47 List III. FDT being in the nature of a Sales Tax, following the dictum of the Division Bench in Gurusiddappa, it is held, it is neither compensatory nor regulatory in nature. It is compulsory extraction and not a fee."

(Emphasis supplied)

35. In the case of D.Cawasji and Co., Mysore v. State of Mysore and another reported in 1984 (Supp) SCC 490, relied upon by Mr.Uday Holla, it is held as follows:-

"18. In the instant case, the State instead of remedying the defect or removing the lacuna has by the impugned amendment sought to raise the rate of tax from 6 ½ per cent to 45 per cent with retrospective effect from April 1, 1966 to avoid the liability of refunding the excess amount collected and has further purported to nullify the judgment and order passed by the High Court directing the refund of the excess amount illegally collected by providing that the levy at the higher rate of 45 per 108 cent will have retrospective effect from April 1, 1966. The judgment of the High Court declaring the levy of sales tax on excise duty, education cess and health cess to be bad become conclusive and is binding on the parties. It may or may not have been competent for the State Legislature to validly remove the lacuna and remedy the defect in the earlier levy by seeking to impose sales tax through any amendment on excise duty, education cess and health cess; but, in any event, the State Government has not purported to do so through the Amending Act. As a result of the judgment of the High Court declaring such levy illegal, the State became obliged to refund the excess amount wrongfully and illegally collected by virtue of the specific direction to that effect in the earlier judgment. It appears that the only object of enacting the amended provision is to nullify the effect of the judgment which became conclusive and binding on the parties to enable the State Government to retain the amount wrongfully and illegally collected as sales tax and this object has been sought to be achieved by the impugned amendment which does not even purport or seek to remedy or remove the defect and lacuna but merely raises the rate of duty from 6 ½ per cent to 45 per cent and further proceeds to nullify the judgment and order of the High Court. In our opinion, the enhancement of the rate of duty from 6 ½ per cent to 45 per cent with retrospective effect is in the facts and circumstances of the case clearly arbitrary and unreasonable. The defect or lacuna is not even sought to be remedied and the only justification for the steep rise in the rate of duty by the amended provision is to nullify the effect of the binding judgment. The vice of illegal collection in the absence of the removal of the illegality which led to the invalidation of the earlier assessments on the basis of illegal levy, continues to taint the earlier levy. In our opinion, this is not a proper ground for imposing the levy at the higher rate with retrospective effect.".........
(Emphasis supplied)

36. In the case on hand, though, it was strenuously contended on behalf of the State that the legal basis in the 109 un-amended Act, on which NMDC judgment was rendered, has been removed, a plain reading of the statement of objects and reasons extracted hereinabove, shows that State were conscious of the fact that, this Court in Gurusiddappa, held levy of tax, Constitutionally valid. However, as discernable from paragraph No.9 of the objects and reasons, the State proceeded to impose their assumption that 'tax' was in fact, 'fee' and imposed the levy all over again by re-christening it as 'fee'.

37. The view taken in the case of D.Cawasji (supra), has been quoted with the approval by the Supreme Court of India in the case of S.T.Sadiq v. State of Kerala and others reported in (2015) 4 SCC 400 relied upon by Mr. D.L.N. Rao.

38. Further, it is also settled, that an 'explanation' to a statutory provision is added to explain the meaning and intendment of the Act. In the case of M.P.Cement Manufacturers' Association v. State of M.P. and others, 110 reported in (2004) 2 SCC 249 relied upon by Mr.D.L.N.Rao, the State therein, attempted to impose cess on the production of energy by adding an explanation. It was noticed that the charging Section permitted impost of cess on sale of power. However, the State sought to impose the cess on production by adding an explanation. The Supreme Court of India, held that the explanation cannot be read as changing the incident of levy by stating thus:

"25. The expression used by the Explanation is "for the purpose of sub-section (2) of Section 3, the cess shall be levied on units of electrical energy sold or supplied". Since the purpose of sub-section (2) of Section 3 continues to be a levy on production, the word "levied" in the context would at the highest mean "assessment" and not "imposition". It is not the respondents' case that any new or additional or alternative cess was sought to be introduced by the Explanation. Thus despite the Explanation, the charge in Section 3(2) continues to be on the production of the electrical energy units and nothing else. The proviso to sub-section (2) of Section 3 continues to except electrical energy produced from the cess in certain cases. The Explanation, if it is read with the main provision, introduces certain contradictions and vagueness. A charging provision should be explicit, certain and clear in order to bind the subject. The outcome of the introduction of the Explanation to an otherwise unchanged Section 3(2) is a singularly ill-drawn provision. The 2003 amendment was obviously introduced for the purpose of rectifying the obvious error in Section 3(2), an object which cannot be achieved by introducing an Explanation since an Explanation cannot be read as changing or as interfering with the incidence of 111 the levy. It is not for us, particularly when legislative clarity is required since the statutory provision imposes a tax, to untangle the legislative confusion."

(Emphasis supplied)

39. If we apply the ratio of the above case, it is noticed that, in the case on hand, the incidence namely, the extraction of mineral, upon which, royalty is imposed under MMDR Act, remaining constant, imposition of levy by changing the name from 'tax' to 'fee' is impermissible. Thus, the mode in which the State has brought in the amendment is contrary to well established position of law.

40. So far as the argument with regard to validation is concerned, the same is, also, equally fallacious, in view of our finding, that the State has attempted imposition of levy, which has been held to be bad in law, by calling it with a different name.

41. The State having included Chapter XI-A in the year 1975 to impose 'tax' on forest produce, and the same 112 having remained on the statute book till July 27, 2016, nearly for a period of 35 years, after pronouncement of Gurusiddappa (supra), their argument that the State were always under the assumption that the levy was a 'fee' and not a 'tax', is noted, only to be rejected.

42. Though, several authorities were cited on both sides, we have felt it unnecessary to advert to them, in view of our findings recorded supra.

43. In the result, these petitions must succeed. Accordingly, they are allowed and the impugned amendment (Act 23 of 2016) is declared ultra-vires, Constitution of India.

44. Writ petitioners have also sought for refund of forest development fees, that they were compelled to pay during pendency of these writ petitions.

45. Mr.S.K.Bagaria, learned Senior Advocate appearing on behalf of the State, at the end of his 113 submissions, prayed that in the event the stand of the State be not accepted by this Court, the Forest Development Fees, already collected and utilised for the betterment of the ecology, might not be directed to be refunded to the petitioners.

46. We are unable to accept such prayer of Mr.Bagaria. In the background of the clear pronouncements of Gurusiddappa (supra) and NMDC (supra), the State ventured to introduce Forest Development Fees with retrospective effect without addressing the legal basis on which NMDC (supra) was rendered. Mostly, payments were made pursuant to interim orders passed by this Court or by the Supreme Court of India, from time to time. Consequently, all payments and acceptances were without prejudice to the rights and contentions of the writ petitioners in the pending writ petitions. We have held that the impugned amendment (Act 23 of 2016) is ultra vires Constitution of India. The levy was 114 collected by the State as 'tax' and the same has been declared illegal in NMDC (supra). Therefore, the State shall have no authority to retain the levy collected by seeking to appropriate the same by virtue of the impugned amendment (Act 23 of 2016). We, therefore, direct the refund of the forest development fees already collected by the State.

47. We make no order as to costs.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE cp*