AIR 2004 KARNATAKA 397 ::2004 AIR - Kant. H. C. R. 2219 ::(2004) ILR (Kant) (3) 3519 ::(2004) 5 Kant LJ 71

Karnataka High Court

Hon'ble Judge(s): P. Vishwanatha Shetty, Ajit J. Gunjal , JJ

(A) Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.2, S.3(a)— Karnataka Forest Act (5 of 1964) , S.2(7)(b)(iv), S.50— Karnataka Forest Rules (1969) , R.144, R.145, R.146, R.147, R.148— Constitution of India , Art.254, Sch.VII List I Entry 54, Sch.VII List II Entry 23— 'Forest produce' - Mineral exploited from lands which are covered under lease agreement obtained under Central Legislation viz. M. M. R. D. Act - Transport and movement of minerals exploited by lessee regulated by Karnataka Forest Rules framed under Karnataka Forest Act - Said rules do not encroach upon field occupied by M. M. R. D. Act merely because definition of 'forest produce' includes minerals - Karnataka Forest Rules, therefore not illegal or void - Minerals under context belongs to State Govt. Doctrines - Doctrine of occupied field. In instant case the provision contained in S. 2(7)(b)(iv) of the Forest Act and the Rules made under the Act including Rules 145 to 148 are sought to be either struck down as unconstitutional or read down as not applicable in respect of lands which are covered under the lease agreements obtained by the appellant on the ground that the provisions of the Rules referred to above would encroach upon the matters covered or occupied under the Mines and Minerals (Registration and Development) Act (MMRD) Act. Held, ....