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Ashoka Buildcon Limited vs The State Of Karnataka on 11 October, 2023

(c) The vehement submission of learned counsel for the petitioners that the observations of the decision of a Co-ordinate Bench of this Court in DHANANJAY supra would come to the aid of his clients in demonstrating that the subject land is not part of the forest, is bit difficult to countenance. In the said decision, there is profitable discussion about the term 'deemed forest' not figuring in the legal literature and that it is "foreign to the law", is true. However, that per se does not advance the case of the petitioners more particularly when the substance of the impugned order treats the subject lands as being part of 'forest' although the wrong terminology that is 'deemed forest' is inadvertently employed therein. It hardly needs to be stated that the law is not a slave of dictionary. What we are construing is not the statute but, an order made by the Statutory Authority presumably having the accumulated wisdom in the field. A Writ Court cannot -8- NC: 2023:KHC:36969-DB WP No. 22279 of 2023 substitute its opinion for that of the Competent Authorities. Viewed from that angle petitioner, we cannot much bank upon the documents in Annexure-Q series which comprise of the aerial map, joint survey maps, Google maps & mahazar report to falter the impugned order which is well structured. There is scope for improvement even in heaven, is beside the point.
Karnataka High Court Cites 6 - Cited by 0 - Full Document
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