MUTHANNA MAPANGADA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition, petitioners have sought for the following reliefs:-

(2.) Heard the learned Senior Counsel appearing for the petitioner and learned Additional Government Advocate appearing for respondents 1 to 5 as well as learned Central Government Counsel for respondent No.6 and perused the material on record.

(3.) In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel for the petitioner submits that the impugned Notices at Annexure-D dtd. 14/12/2020 and Annexure-H dtd. 05/1/2021 issued by respondent No.4 - Range Forest Officer are illegal, arbitrary and vitiated and the same deserve to be quashed. It is submitted that flying activity carried on by the petitioners was for purely recreational and personal purposes and not for commercial purpose and since the same cannot be construed or treated as commercial activity, the respondents are not entitled to interfere with the flying operations of the petitioners. It is also submitted that the Notification dtd. 25/7/2017 at Annexure-F issued by the Ministry of Environment, Forest and Climate Change is only a draft notification, which was valid for a period of two years and the same does not have any validity or force of law and till a final decision is taken in the matter, respondents are not entitled to prevent the petitioners from carrying on flying activity for recreational or personal purposes.