TIMBER MERCHENTS ASSOCIATION Vs. GOVT OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS are questioning the validity of the Karnataka Forest (Amendment)Rules. 2004. As per the notification dated 19-5-2004 State of Karnataka in exercise of the powers conferred under Sec. 102 of the Karnataka Forest Act, 1963 amends the Karnataka Forest Rules, 1969. After presentation of these W. Ps. on 25-8-2004 amended Rules of 2004 has been further amended in regard to the amendment of Rule 145. These two Rules are called in question in these writ petitions.

(2.) AMENDMENT Rules, 2004 as notified on 19-5-2004 reads as hereunder :

(3.) THREE different types of parties are challenging these Rules. Some of the petitioners are carrying on the timber business by importing timber and selling the same within the State of Karnataka and some of them are after importing the timber and selling the same outside the State. Some of the petitioners are the cultivators and after obtaining permission to fell the trees, standing in their lands are transporting timber on their own and some of them are selling the timber. Some of the petitioners are timber merchants purchasing timber from individual owners of timber and are transporting the same from the place of felling to their place of business.