JANTHAKAL ENTERPRISES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition has been disposed of by order dated 2 -7 -2009 [Janthakal Enterprises, Bengalooru v State of Karnataka and Others] - (2010 (2) Kar. L.J. 443 (DB) : ILR 2010 Kar. 1687 (DB)) by passing the following order:

(2.) THIS application is filed for modification of the observation made in clause (vi) and the operative portion of the order contending that the damage of forest land in monetary terms amounting to Rs.96,36,000/ - is already covered by the Net Present Value. EPF for the entire area amounting to Rs. 6,49,94,820/ - and NPV has to be calculated at the rate of Rs. 5.8/ - lakhs per hectare as per the Government Notification dated 17 -1 -2004 having regard to the location of the property and it is also necessary to modify clauses (iii),(iv) and (vi).

(3.) IT is clear from the perusal of the calculation made by the respondents that a sum of Rs.96,36,000/ - is calculated on the basis of damage of forest land in monetary terms, having regard to the fact that due to dumping of iron ore, there was damage to the forest land and again a sum of Rs. 6,49,94,820/ - is charged towards Net Present Value.