JYOTHI BROTHERS TUMKUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The challenge in the above writ petition is to the demand of Rs.38,30,45,306.00 by proceedings dated 6/28.3.2009 towards the damage/loss caused to the Government on account of illegal mining by the petitioner herein over an extent of 96 acres of forest land out of 100 acres leased out to him in Thirtharampura North West Extension State Forest under Mining Lease No.2363, without obtaining the forest clearance as contemplated under Section 2 of the Forest (Conservation) Act, 1980 (for short, the FC Act).

(2.) The grounds of attack against the impugned demand dated 6/28th March, 2009 are that:

(3.) Neither the learned Counsel for the petitioner nor the learned Principal Government Advocate disputes the fact that the impugned 96 acres of mining area leased to the petitioner is located in the forest area as per the Mysore Gazette Notification dated 9th September, 1938 issued by the Government of His Highness the Maharaja of Mysore, General and Revenue Departments. If that be so, to say that the petitioner had undertaken mining operation only based on the lease granted by the respondents over the entire 100 acres of land, despite the fact that 96 acres of land is located in the forest area, cannot be accepted, as ignorance of law is not an excuse.