SHRI. ASHOK GOVIND BAPAT vs. STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Case Type: NaN

Date of Judgment: 27-09-2018

Preview image for SHRI. ASHOK GOVIND BAPAT vs. STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Full Judgment Text

     Final Judgment-WP.4814.2016+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4814 OF 2016
1. Devkumar Gopaldas Aggarwal }
adult, Indian inhabitant, residing at }
rd
Ocean View, 3 floor 100 Bhulabhai }
Desai Road, Mumbai-400 026 }
}
2. Yogesh Devkumar Aggarwal }
adult, Indian inhabitant, residing at }
Ocean View, ground floor, 100 }
Bhulabhai Dsai Road, }
Mumbai-400 026 }
}
3. Prabha Devkumar Aggarwal }
adult, Indian Inhabitant, residing at }
rd
Ocean View, 3 floor, 100 Bhulabhai }
Desai Road, Mumbai-400 026 }
}
4. Shuchi Yogesh Aggarwal }
adult, Indian Inhabitant, residing at }
Ocean View, ground floor, 100 }
Bhulabhai Desai Road, }
Mumbai-400 026 }
}
5. Anuradha Madhupati Singhania }
adult, resident of Singapore having }
her address at 10, Ewart Park, }
Singapore-279 775 }
}
6. Sangeeta Aman Wallia }
adult, Indian Inhabitant, residing at }
rd
Ocean View, 3 floor, 100 Bhulabhai }
Desai Road, Mumbai-400 026 }
}
7. Rajkumar Gopaldas Aggarwal }
adult, Indian Inhabitant, residing }
at 221, Sector 15A, Noida-201 301, }
Uttar Pradesh }
}
8. Asha Rajkumar Aggarwal }
adult, Indian inhabitant, residing at }
221, Sector 15A, Noida-201 301, }
Uttar Pradesh }
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9. Atul Rajkumar Aggarwal }
adult, Indian inhabitant, residing at }
221, Sector 15A, Noida-201 301, }
Uttar Pradesh }
}
10. Komal Atul Aggarwal }
adult, Indian inhabitant, residing at }
221, Sector 15A, Noida-201 301, }
Uttar Pradesh }
}
11. Uday Rajkumar Aggarwal }
adult, Indian inhabitant, residing at }
K 801, Pearls Gateway Towers, }
Sector 44, Noida-201 301, }
Uttar Pradesh }
}
12. Manish Rajkumar Aggarwal }
adult, Indian inhabitant, residing at }
221, Sector 15A, Noida-201 301, }
Uttar Pradesh } Petitioners
versus
1. State of Maharashtra }
through its Principal Secretary, }
Revenue and Forest Department, }
Mantralaya, Mumbai 400 032 }
}
2. Tahsildhar, Village-Dahivali, }
Taluka-Maval, District-Pune }
}
3. Chief Conservator of Forest }
Forest Department, Pune Division, }
Opp. Symboisis College, Senapati }
Bapat Marg, Pune }
}
4. The Collector, Pune Division, Pune} Respondents
WITH
WRIT PETITION NO.31 OF 2017
Triveni Ramjit Singh and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents

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WITH
WRIT PETITION NO.146 OF 2017
Pavan Hooja and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.159 OF 2017
Pandurang Tukaram Patil and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary, Revenue and}
Forest Department and Ors.}Respondents
WITH
WRIT PETITION NO.177 OF 2016
Smt. Renu Neeraj Kochhar}Petitioner
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.216 OF 2016
Ananta Shankar Mahali and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary, (Forest)}
Revenue and Forest and Ors.}Respondents
WITH
WRIT PETITION NO.234 OF 2018
Mrs.Urmila Mohan Dubey and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents

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WITH
WRIT PETITION NO.281 OF 2018
Smt.Hashibai Shantaram Shinge}
and Ors.}Petitioners
versus
The State of Maharashtra through}
its Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.389 OF 2018
Budhaji Balu Dudhale}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.593 OF 2017
Lahu Rama Shewale and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary, Revenue and}
Forest Department and Ors.}Respondents
WITH
WRIT PETITION NO.621 OF 2012
Bharat Shankar Chavan}Petitioner
versus
The District Collector, Pune and Ors.}Respondents
WITH
WRIT PETITION NO.988 OF 2016
Shankar Lakshman Adhari alias}
Bhawari (Decd) through LR, Baban}
Bhawari}Petitioner
versus
State of Maharashtra through}
Principal Secretary and Ors.}Respondents

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WITH
WRIT PETITION NO.1077 OF 2016
WITH
CIVIL APPLICATION NO.2572 OF 2017
Mrs.Sindoo Gala and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.1078 OF 2016
Amalgamated Industrial Estate}
and Premises Co-Op. Society Ltd.}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.1087 OF 2006
Dr.N.P.Tolani (HUF) and Anr.}Petitioners
versus
The State of Maharashtra and Anr.}Respondents
WITH
WRIT PETITION NO.1272 OF 2016
Pravin Natvarlal Vepari and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and Forest}
Department and Ors.}Respondents
WITH
WRIT PETITION NO.1337 OF 2018
Nitin Savjibhai Nanda and Ors.}Petitioners
versus
Union of India through Principal}
Secretary,Ministry of Environment}
and Forest and Ors.}Respondents

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WITH
WRIT PETITION NO.1513 OF 2017
M/S Byramjee Jeejeebhoy Pvt. Ltd.}
and Anr.}Petitioners
versus
The State of Maharashtra through}
Chief Government Pleader and Ors.}Respondents
WITH
WRIT PETITION NO.1591 OF 2017
Sundar Narayan Poojari and Anr.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.1767 OF 2015
Vasant Vishnu Khare (Since Decd)}
through LRs}Petitioners
versus
The State of Maharashtra through}
Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.1895 OF 2017
Shankar Dhanaji Mhatre and Ors.}Petitioners
versus
Union of India and Ors.}Respondents
WITH
WRIT PETITION NO.2046 OF 2016
Yakub Salebhai Bohri and Anr.}Petitioners
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.2063 OF 2016
Yakub Salebhai Bohri and Anr.}Petitioners

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versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.2080 OF 2016
Mumtaj Begam Mohmmed}
Jafar Dalvi and Ors.}Petitioners
versus
State of Maharashtra through}
Personal Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.2086 OF 2016
Illa Rajesh Foundation and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.2103 OF 2016
Pratap Mansukhlal Shah}Petitioner
versus
The State of Maharashtra through}
Secretary Forests (Revenue and}
Forests Dept.) Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.2216 OF 2017
Disha Direct Marketing Pvt. Ltd.}
and Anr.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.2316 OF 2017
Abdul Wahab Shaikh Ismail}

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Saudagar}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.2347 OF 2016
Rajesh G. Kapadia and Anr.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.2392 OF 2016
Sanjay Gajanan Patkar and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.2782 OF 2017
Parathil Mathu Abrahim and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.3296 OF 2016
Dilip Pranlal Ghelani}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.3497 OF 2017
Harish Brijmohan Loyalka and Anr.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.3773 OF 2016
Phaguram Sukhnandan Prajapati}

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and Ors.}Petitioners
versus
State of Maharashtra through its}
Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.3857 OF 2017
Anandvan Samajik Unnati Sahakari}
Vriksha Lagwad Sanstha Maryadit}
and Anr.}Petitioners
versus
State of Maharashtra through its}
Principal Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.3875 OF 2016
Smt.Suhasini Achyut Mahajan}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.4277 OF 2016
Veena Bhagwan Thadhani}Petitioner
versus
The State of Maharashtra through}
Principal Secretary, Forest and Ors.}Respondents

WITH
WRIT PETITION NO.4542 OF 2015
WITH
CIVIL APPLICATION NO.1633 OF 2016
Ramchandra Bhaguji Jawalkar}
and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents

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WITH
WRIT PETITION NO.4580 OF 2016
Ananta Vishnu Bhere and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.4606 OF 2016
Vitthal Ragho Bhere and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.4658 OF 2018
Rajendra M. Developers & Builders}
Pvt. Ltd. through its Director}
and Ors.}Petitioners
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.4711 OF 2016
Dharmendra Kevalsingh Deval}
and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.4803 OF 2016
M/S Siddeshwar Foods Private}
Limited through Director, Shri Dilip}
Z. Kalantri}Petitioner
versus
The Union of India and Ors.}Respondents
WITH
WRIT PETITION NO.4810 OF 2016

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Safique Ahmad Jamil Ahmed Ansari}
and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.4869 OF 1997
Jitendra Harjivan Timbadia & Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.5074 OF 2017
Sanjay Narayan Gangavane and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.5165 OF 2014
Sinhagad Technical Education}
Society, through President, Maruti}
N. Navle}Petitioner
versus
Talathi Kusgaon Maval and Ors.}Respondents
WITH
WRIT PETITION NO.5286 OF 2015
Parmanand Mathradas Jaisingh}
and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.5288 OF 2015
Ramesh Dhanrajmal Mansharamani}
and Ors.}Petitioners
versus
The State of Maharashtra through}

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its Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.5485 OF 2017
Vivek Ramchandra Kalamkar and Ors.…Petitioners
versus
The State of Maharashtra and Ors.... Respondents
WITH
WRIT PETITION NO.5512 OF 2017
Shantabai Gangaram (Gunjaram)}
Deshmukh and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.5559 OF 2016
Gunjar Investment and Trading}
Pvt. Ltd. and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.5583 OF 2017
Adesh Buttaram Dhamija and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.5669 OF 2016
Manmohan Ranjitsingh Mehta}
and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents

WITH
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WRIT PETITION NO.5696 OF 2017
Tohid Furniturewala}Petitioner
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.6042 OF 2010
Kalayanmal Kevalmal Singhvi}Petitioner
versus
The Collector of Piune and Anr.}Respondents
WITH
WRIT PETITION NO.6174 OF 2017
Anosh Shroff}Petitioner
versus
State of Maharashtra through its}
Principal Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.6365 OF 2016
Tarachand Dwarkadas Sharma}
and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.6417 OF 2015
Rohan Vijay Nahar and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.6420 OF 2017
Broadway Co-operative Housing}
Society Ltd. and Ors.}Petitioners
versus
The District Collector, Thane}
and Ors.}Respondents

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WITH
WRIT PETITION NO.6444 OF 2016
Jimmy R. Mistry}Petitioner
versus
State of Maharashtra through}
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.6623 OF 2016
Gurukul Grand Union School}
through Chairman, Smt.Manjusha}
Shinde}Petitioner
versus
Union of India through Deputy}
Conservator of Forests, Envi. And}
Forest Ministry and Ors.}Respondents
WITH
WRIT PETITION NO.6737 OF 2017
Shashikant Purshotam Patil}
and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.6738 OF 2017
Pundalik Babu Patil and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.6739 OF 2017

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Maruti Devram Patil and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary, Revenue}
and Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.6740 OF 2017
Balvantrai Prabhudas Vora and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.6741 OF 2017
Pandharinath Sadashiv Gangavane}
and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.6742 OF 2017
Jaysingh Shivaji Deshmukh and Ors.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.6743 OF 2017
Machindra Atmaram Gangavane}
and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents

WITH
WRIT PETITION NO.6763 OF 2016
WITH
CIVIL APPLICATION NO.253 OF 2018
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Asgar Esoofali Arsiwala}Petitioner
versus
The State of Maharashtra through}
Secretary and Ors.}Respondents

WITH
WRIT PETITION NO.6829 OF 2016
WITH
CIVIL APPLICATION NO.252 OF 2018
Sanket Vijaykumar Wadekar}
through POA, Shri Deepesh Bhurat}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.6870 OF 2015
Bhavana R. Parekh and Ors.}Petitioners
versus
The State of Maharashtra through}
Principal Secretary, Revenue}
and Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.6933 OF 2017
Romil Apurva Parikh}Petitioner
versus
State of Maharashtra through}
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.6934 OF 2016
Smt.Renu Neeraj Kocchar}Petitioner
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents

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WITH
WRIT PETITION NO.6973 OF 2016
Lalit Chadha}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.7019 OF 2018
Rajendra Bapu Sadole, Power of}
Attorney Holder and Ors.}Petitioners
versus
State of Maharashtra through its}
Forest Department and Ors.}Respondents
WITH
WRIT PETITION NO.7213 OF 2016
Rajdaksh Mahendra Sharma}
and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.7288 OF 2017
Apurva Natvar Parikh and Co.Pvt.}
Ltd. and anr.}Petitioners
versus
State of Maharashtra through}
Secretary Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.7369 OF 2017
Sanjay Bhagwan Bhangare and Ors.}Petitioners
versus
The Conservator, Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.7446 OF 2015

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Merint Molecular Imaging Pvt. Ltd.}
and Anr.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.7545 OF 2016
Khanna Traders through Mr.Sanjay}
Khanna}Petitioner
versus
State of Maharashtra and Ors.}Respondents

WITH
WRIT PETITION NO.7752 OF 2016
WITH
CIVIL APPLICATION NO.2571 OF 2017
Rohiqa Cyrus Mistry through Cost.}
Attorney Mr.Vinay Karve}Petitioner
versus
State of Maharashtra through}
Govt. Pleader and Ors.}Respondents

WITH
WRIT PETITION NO.7766 OF 2016
WITH
CIVIL APPLICATION (STAMP) NO.23398 OF 2016
Mahesh Gopaldas Saney and Anr.}Petitioners
versus
State of Maharashtra through its}
Secretary, Forst Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.7782 OF 2016
Ishwar Chandulaji Parmar and Anr.}Petitioners
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.8011 OF 2015

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Madhav Sadashiv Deshmukh}
and Ors.}Petitioners
versus
State of Maharashtra through its}
Secretary, Revenue and Forest}
Dept. and Ors.}Respondents

WITH
WRIT PETITION NO.8408 OF 2015
WITH
CIVIL APPLICATION NO.2338 OF 2016
Dattatraya Sambhaji Gosavi}
and Ors.}Petitioners
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.8498 OF 2016
M/S Shree Shaym Trading Co.}
through its Partner Shri}
Laxmanbhai Keshavbai Praja}Petitioner
versus
State of Maharashtra through its}
Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.8786 OF 2016
Waman Anant Rane through}
POA Holders and Ors.}Petitioners
versus
Union of India and Ors.}Respondents
WITH
WRIT PETITION NO.8857 OF 2017
Tapan Basu}Petitioner
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.8881 OF 2017

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Nilam Kailash Agrawal and Ors.}Petitioners
versus
Union of India and Ors.}Respondents
WITH
WRIT PETITION NO.8903 OF 2015
Suresh Shantaram Bij alias Warli}
through POA Shri Prashant Gosavi}Petitioner
versus
State of Maharashtra through its}
Principal Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.8943 OF 2014
Smt.Sushila Amarsingh Pardeshi}
and Ors.}Petitioners
versus
Union of India and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9261 OF 2017
Kiran Sharad Pandit and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9262 OF 2017
Satish Daphtary and Anr.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9263 OF 2017
Malti N.Naravane (Since deceased}
through P/A Holder) and Anr.}Petitioners

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versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9265 OF 2017
Kalyani Kiran Pandit}Petitioner
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.9277 OF 2016
Bindi High School, Kalwa through}
Mr.Baburam Yadav}Petitioner
versus
The State of Maharashtra through}
Dept. of Education and Anr.}Respondents
WITH
WRIT PETITION (STAMP) NO.9322 OF 2017
Vaishali V. Dandge}Petitioner
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9323 OF 2017
Shubhada Mohan Bapat}Petitioner
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9324 OF 2017
Kundan Sharad Pandit}Petitioner
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9326 OF 2017
Neeraj J Rao}Petitioner
versus

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The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.9368 OF 2015
Smt.Nilophar Farukh Shaikh}
and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary Revenue and Forest Dept.}
and Ors.}Respondents

WITH
WRIT PETITION NO.9369 OF 2015
WITH
CIVIL APPLICATION NO.173 OF 2017
Smt.Jayashri Yashwant Bapat}
and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.9423 OF 2016
Punja Soma Mandawale}Petitioner
versus
State of Maharashtra through}
Collector of Thane and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9454 OF 2017
Ramesh T. Bajaj (through LR Mr.}
Santosh Bajaj) and Anr.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.9455 OF 2017
Gauri Gurudatta Shirali}Petitioner

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versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.9478 OF 2016
Bhagwanji Nagaji Nandu and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.9503 OF 2016
Vijay Harakchand Shah}Petitioner
versus
State of Maharashtra through}
Secretary Revenue and Forest Dept.}
and Ors.}Respondents

WITH
WRIT PETITION NO.9504 OF 2016
WITH
CIVIL APPLICATION (STAMP)NO.17855 OF 2016
Satish Jamnadas Dattani}Petitioner
versus
The State of Maharashtra through}
the Secretary, Revenue and Forest}
Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.9509 OF 2016
Santoshkumar Durgvijay Singh}
and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.9532 OF 2016

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Prasad Sanjay Pitale}Petitioner
versus
The State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.9604 OF 2015
Sunil Ghanshyam Jagtap and Anr.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.9614 OF 2017
Mrs.Yasmin Pheroze Mody Nee}
Miss Yasmin Soli Engineer}Petitioner
versus
State of Maharashtra through its}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.9763 OF 2017
Madhav Abhay Jasani and Ors.}Petitioners
versus
The State of Maharashtra through}
its Secretary, Forest Dept. and Ors.}Respondents
WITH<br>WRIT PETITION NO.9899 OF 2016<br>WITH<br>CIVIL APPLICATION NO.1168 OF 2017<br>M/S Tversus Motor Services Ltd. }<br>and Ors. } Petitioners<br>versus<br>Maharashtra Land Revenue Dept. }
M/S Tversus Motor Services Ltd.}
and Ors.}Petitioners
versus
Maharashtra Land Revenue Dept.}
through Tehsildar}Respondent
WITH
WRIT PETITION NO.10112 OF 2016
M/S Praful Industries}Petitioner
versus
Union of India and Ors.}Respondents

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WITH
WRIT PETITION (STAMP) NO.10134 OF 2017
Gajanan Trimbak Abhyankar}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.10137 OF 2017
Vidya Vijay Abhyankar}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.10138 OF 2017
Vijay Y. Abhyankar}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.10141 OF 2017
Vasudev Yashwant Abhyankar}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.10161 OF 2015
Ashok Govind Bapat}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.10165 OF 2015
Bhanudas Ambu Mhatre and Ors}Petitioners
versus
State of Maharashtra through}
Secretary Revenue and Forest Dept.}
and Ors.}Respondents

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WITH
WRIT PETITION NO.10205 OF 2015
Smt.Renu Neeraj Kochhar}Petitioner
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH<br>WRIT PETITION NO.10266 OF 2015
M/S Merchant and Somji Agro}
Industries}Petitioner
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.10267 OF 2015
Gulamali Mohammadbhai Somji}Petitioner
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.10400 OF 2017
Yashwant Trimbak Abyankar (Since}
deceased through LRs)}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.10721 OF 2017
Smt.Seetabai Ramu Chande and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.10750 OF 2015

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Kavindra Santprasad Singh}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.10797 OF 2018
Kamlesh R. Sanghavi}Petitioner
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.10951 OF 2016
Gopal Padu Bhavarthe and Ors.}Petitioners
versus
State of Maharashtra through the}
Secretary, Revenue Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.11276 OF 2015
Yashodadevi L. Singhania}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.11382 OF 2016
Dhruv Krishna Kotak and Anr.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.11452 OF 2015
Ramu Dattu Umavane}Petitioner
versus
The State of Maharashtra through}
the Principal Secretary, Revenue}
and Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.11488 OF 2016

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Keshav Moreshwar Soman}Petitioner
versus
State of Maharashtra through its}
Secretary Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.11495 OF 2016
Balu Shankar Balkawade and Anr.}Petitioners
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.11678 OF 2015
Nikunj Singhania}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.11679 OF 2015
Nikunj Singhania and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.11719 OF 2017
Valuable Properties Pvt. Ltd.}Petitioner
versus
State of Maharashtra through}
Principal Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.11724 OF 2017
The Dharamsi Morarji Chemical Co.}

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Ltd through its authorized Officer}
and POA}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.11753 OF 2016
Smt.Aditi Pandurang Jogalekar}
and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.11981 OF 2017
Arti Ajay Shevale and Ors.}Petitioners
versus
The State of Maharashtra and Ors.}Respondents

WITH
WRIT PETITION NO.12012 OF 2016
WITH
CIVIL APPLICATION NO.1769 OF 2017
Veerdhawal Sitaram Ghag}Petitioner
versus
Sub-Divisional Officer, Ulhasnagar}
and Anr.}Respondents
WITH
WRIT PETITION NO.12084 OF 2015
M/S Kalpavruksha Plantation}
Private Limited}Petitioner
versus
The State of Maharashtra through}
its Principal Secretary, Revenue}
and Forest Dept and Ors.}Respondents
WITH
WRIT PETITION NO.12126 OF 2015

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Shashikant S. Choksi and Ors.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.12175 OF 2015
Pravin Natvarlal Vepari and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents

WITH
WRIT PETITION NO.12259 OF 2017
WITH
CIVIL APPLICATION (ST) NO. 21892 OF 2018
Rajesh Nanji Gala and Anr.}Petitioners
versus
Union of India through Principal}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.12260 OF 2017
Rajesh Nanji Gala and Ors.}Petitioners
versus
Union of India, through Principal}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.12308 OF 2015
Mrs.Soha Nilesh Parekh}Petitioner
versus
State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.12339 OF 2017

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Santoshkumar Ramrichpal Gupta}Petitioner
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.12352 OF 2017
Rajesh Nanji Gala and Anr.}Petitioners
versus
Union of India through Principal}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.12502 OF 2015
Syed Shafiq Ahmed Aziz Ahmed}Petitioner
versus
State of Maharashtra through}
Secretary, and Ors.}Respondents

WITH
WRIT PETITION NO.12542 OF 2015
WITH
CIVIL APPLICATION (STAMP) NO.21597 OF 2017
Vivekchand Tekchand Arora}
and Ors.}Petitioners
versus
The State of Maharashtra through}
Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents

WITH
WRIT PETITION NO.12585 OF 2015
WITH
CIVIL APPLICATION NO.504 OF2016
M/S Super Dream Real Estate}
Pvt. Ltd. through its Director}
Mr.Suresh V. Gada}Petitioner
versus
State of Maharashtra and Ors.}Respondents

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WITH
WRIT PETITION NO.12615 OF 2015
Pramila Vasant Joshte and Ors.}Petitioners
versus
State of Maharashtra through}
Revenue, Forest Dept. and Chief}
Secretary and Ors.}Respondents
WITH
WRIT PETITION NO.12617 OF 2016
Anand Jain}Petitioner
versus
State of Maharashtra through its}Principal
Secretary, Revenue and Forest Dept.}
and Ors.}Respondents
WITH
WRIT PETITION NO.12624 OF 2016
Vipin Khimji and Anr.}Petitioners
versus
The State of Maharashtra through}
its Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.12669 OF 2017
Pradeep B. Dongre and Ors.}Petitioners
versus
The State of Maharashtra through}
the Secretary and Ors.}Respondents
WITH<br>WRIT PETITION NO.13076 OF 2016
Jagdish Durgaprasad Agrawal}
and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.13190 OF 2016

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Mohammad Tayyab Qasim Sayyad}
and Anr.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.13191 OF 2016
Taher Qasim Sayyad and Anr.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.13192 OF 2016
Vimal Ashok Bhoir and Anr.}Petitioners
versus
State of Maharashtra and Ors.}Respondents
WITH
WRIT PETITION NO.13194 OF 2016
Sameer Harsukh Shah and Anr.}Petitioners
versus
State of Maharashtra through its}
Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.13195 OF 2016
Anand Jain}Petitioner
versus
State of Maharashtra through its}
Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.13820 OF 2017
Janardan Kacher Shinge and Ors.}Petitioners
versus
The State of Maharashtra through}
its Secretary and Ors.}Respondents

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WITH
WRIT PETITION NO.14146 OF 2016
Girish G. Chopra and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.14147 OF 2016
Anil Shah and Anr.}Petitioners
versus
State of Maharashtra through}
Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.14221 OF 2016
Kaluram Raghu Bajare and Ors.}Petitioners
versus
State of Maharashtra through its}
Secretary, Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.14371 OF 2016
Zakia Sayed Hasan Edroos and Anr.}Petitioners
versus
State of Maharashtra through its}
Principal Secretary, Revenue and}
Forest Dept. and Ors.}Respondents
WITH
WRIT PETITION NO.14385 OF 2016
The State of Maharashtra through}
Chief Conservator of Forests and}
Director}Petitioner
versus
M/S Byramjee Jeejeebhoy Pvt. Ltd.}
And Ors.}Respondents

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WITH
WRIT PETITION (STAMP) NO.15387 OF 2017
Dr.D.Y. Patil Educational Academy}Petitioner
versus
Talathi-Maval, Dist Pune and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.22382 OF 2017
Niti Merchant and Anr.}Petitioners
versus
The State of Maharashtra through}
Principal Secretary and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.24577 OF 2017
Kaiyomerz Cowas Palia}Petitioner
versus
The State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.27305 OF 2017
Smt.Girja Chandrashekhar Wadekar}
and Ors}Petitioners
versus
The State of Maharashtra through}
Secretary and Ors.}Respondents
WITH
WRIT PETITION (STAMP) NO.30103 OF 2016
Ramkumar Nandprasad Singh}
and Ors.}Petitioners
versus
State of Maharashtra and Ors.}Respondents

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WITH
PUBLIC INTEREST LITIGATION NO. 201 OF 2015
Mr. Vijay K. Sawant}Petitioners
versus
The Government of Maharashtra}
and Ors.}Respondents

WITH
(ORIGINAL SIDE)
WRIT PETITION NO. 853 OF 2017
Silloo D. Mistri and Jehangir}
D. Mistri}Petitioners
versus
The Tahsildar, Borivali and Ors.}Respondents

Dr Milind Sathe Sr. Counsel a/w Sharmila
Deshmukh for Petitioner in W.P. 4814/2016.
Shri Milind Sathe Sr. Cunsel a/w Bhushan
Deshmukh a/w Monisha Mane a/w Pooja Tated
I/b ALMT legal for petitioner in WP 7446/2015.
Shri Ajinkya J.Jaibhave for petitioner in
W.P.2103, 13076, 13190, 13191, 13192 of 2016.
Ms Lata Patne a/w Vinod Joshi for petitioner in
WP 6623/2016.
Mr Lokesh Zade for Petitioner in
WPST/7019/2018.
Mr Kamlesh Ghumre a/w Sonali Jadhav a/w
Aditya Parulekar for Petitioner in WP
Nos.8786/2016 and WPST 34574/2016.
Mrs Alisha R.Lambay & Mr Vikas K.Singh a/w
Mr Aupam R,. Dwivedi I/b Lambay & Co for
Petitioner in WPST 10750/2015
Mr Vikas K.Singh for petitioner in WPST
30103/2016 & WP 31/2017.
Mr Vedchetan Patil a/w Radha Agrawal I/b
Moses Rodrigues for petitioner in WP Nos.
1337/2018, 216/2016, 12352/2017, 12260/2017,
12259/2017.
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Mr Piyush Pande Ms Zahra Baldiwala I/b
Kartikeya & Associates for petitioner in
WP/2347/2016, 2086/2016, 2189/2016,
3296/2016, 9604/2015, 1591/2016
Mr A.S.Khandeparkar a/w Rakesh Pathak I/b
Khandeparkar & Associates for petitioner 11
&12 in WP/4869/1997
Mr Milind N.Jadhav a/w Pranav S.Nair I/b SRM
Law Associates for petitioner in WP/1513/2016.
Mr Jitendra Pathade for petitioner in WP
11382/2016 & 2216/2017.
Mr. Ooril Panchal I/b. M/s. Mahimtura and Co. for
the petitioner in WPST/10797/2018.
Mr Ranbir Singh with Mr Hiren G.Shah I/b
Prakash & Co. for petitioner in WP
Nos.11678/11679/11276 and 12308 of 2015.
Dr. Milind Sathe, Sr. Counsel a/w Mr Bhushan
Deshmukh and Ms. Swati N. Jain I/b A.S.Dayal &
Associates for Petitioners in WP Nos.
12617/13194 and 13195/2016
Mr P.K.Dhakephalkar Sr Counsel a/w
J.G.Aradwad (Reddy) for Petitioner in WP Nos.
8903/2015, 988/2016 8498/2016, 6737/2017,
6738/2017, 6739/2017, 159/2017, 593/2017,
5485/17, 6141/17, 6743/17, 2782/17, 5583/2017,
5512/2017, 11981/2017, 6740/2017, 6742/2017,
10724/2017 and WPST/5074/2017.
Mr G.S.Godbole a/w Drupad Patil and Shivani
Samel for petitioner in WP/177/2016 and
WP/6934/2016.
Mr G.S.Godbole a/w Drupad Patil and Akshya
Petkar for Petitioner in WP 10266, 10267, and
8408/2015.
Mr G.S.Godbole a/w Shruti Tulpule & Kaustubh
Thipsay for Petitioner in WP 9614/2017 and
9763/2017.
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Mr Iqbal Chhagla Sr Advocate with Naval
Agarwal I/b S.R.Waghmare for petitioner in
WP/6417/2015.
Mr. Sudanrao Jondhale with Mr. Anand
S.Jondhale, Yashoda Jondhale, Babu Singh,
Mr.Ajay S. Jondhale, Vijay S. Jondhale and Raj S.
Jondhale I/b Jondhale & Co. for petitioner in
WPST/27305/2017.
Mr. Sumit Kothari for Petitioner in
WP/11231/2017
Mr. Kaustav Talukdar counsel a/w Vikash Kumar
a/w Ruturaj Bankar I/b Lex Legal & partners for
petitioner in WP 6420/2017.
Mr. Milind Sathe Sr Advocate , Mr Chirag Balsara
and Mr Singh and Akshay Doctor I/b Desai &
Diwanji for Petitioner in WP 7752/2016
Mr. Saket Mone a/w Mr Sumit Chakrabarti and
Ms Neha Joshi I/b Vidhi Partners for petitioner
in WP Nos. 4810/16,6973/16, WPSt 9454/16,
9324/17, 9455/17, 10138/17, 9322/17, 9262/17,
9265/17, 3497/17, 9323/17, 9263/17, 10400/17,
9326/17, 10134/17, 10137/17, 10141/17, 9261/17,
11719/17.
Ms S.V.Sonawane with Mr. Satish Mule and T. H.
Jadhav for petitioner in WP 10112/2016 and
8881/2017.
Ms Pooja Joshi for petitioner in WP 8857/2017
Mr Ajit R. Pitale for Petitioner in
WPST/24577/2017, WP Nos. 11452/2015 and
9532/2016
Mr Vikas K.Singh for Petitioners in WP 31/17 &
Wpst 30103/16.
Mr Rabir Singh a/w Miss Naseem Patrawala a/w
Bhuvan Thakker I/b Malvi Ranchoddas & Co. for
Petitioner in WP Nos. 12615/15, 1077/16,
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1078/16, 6365/16, 7545/16.
Mr Girish S.Godbole a/w Mr Ameya Vinay
Borwankar for Petitioner in WP 3857/2017
Ms Sonal Dabholkar I/b Suresh Sabrad for
Petitioner in WP 4606/16 & 4580/16.
Mr Vivek Arote with Mr. Y. Apte I/b Harshad
Bhadbhade for petitioner in WP 281/2018 and
WP 13820/2017.
Mr Vishal Phal a/w Ms. Jyotsana S Kondhalkar
I/b VBA law for petitioner in WP/1272/16,
12126/15, 12175/15, 14146/16, 14147/16.
MR V.P.Sawant with Nitin Dhumal for petitioner
in WPST No. 15387/2017.
Mr Vineet B.Naik Sr Adv. With Sukand Kulkarni,
for petitioner in
WP 12084/2015.
Mr V.A.Gangal with Anup N.Deshmukh for
petitioner in WP Nos. 4542/15, 5559/16,
9369/15, 10161/15, 10165/15, 2392/16,
2080/16, 9509/16, 5669/16, 6444/16, 9504/16,
9503/16,12502/15, 10721/16,9368/16, 9478/16,
234/18, 2316/16, 11753/16, 12542/15, 3875/16,
11724/17, 7288/17, 389/18, 6933/17.
Adv Karen D'souza I/b SRM Law Associates for
petitioner in WP 1513/2017.
Shri N.V.Walawalkar Sr Counsel a/w Sonal
Dabholkar I/b Suresh Sabrad for petitioner in
WP. 4580/2016 and WP 4606/2016.
Mr. Jehangir D. Mistri-Senior Advocate with Mr.
Navin Bhatia i/b. M/s. Mahimtura and Co. for the
petitioners in WP/853/2017.
Mr Navroj Seervai Sr Advocate/ Special counsel
with Mr A.B.Vagyani Govt. Pleader with
Ms.Geeta Shashtri Addl.G.P and Mr Atul
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Vanarase AGP with Mr P.P.More, AGP and Mr
B.V.Samant AGP for State.
Mr Dhanesh R. Shah a/w Bharat Mehta for UOI in
WP 1077/1078/16, 9509/16, 4803 of 2016.
Mr Nikhil Sakhardande a/w Mr Parag A.Vyas for
UOI in WP 4542, 12542, 10161, 12502, 10165,
16870 and 637 of 2015.
Mr Chandrakant Chavan for R.No.2 in
WP/6365/2016, for R.No. 7 in WP 9586/2016,
and R,No. 8 in WP 2659/2016.
Y.R.Mishra a/w N.R.Prajapati a/w Upendra
Lokegaonkar, for R.No.1 in 6623/2016.
Mr Advait M Sethna a/w M.S.Bharadwaj and Mr.
Pranil Sonawane for UOI in WP 6933/17,
7288/17,11753/2016 and R.No.7 in WP/234/18.
Mr D.N.Mishra with Richa Mishra for R.No. 7 UOI
in WP 12502/2015.
.Mr D.P.Singh for R.No.2 in WP 12615/2015.
Ms J.N.Pandhi with Mr. Mohamedali M.
Chunawala for R.No.1 in 8943/2014.
Adv S.I.Shah a/w Dushyant Kumar for UOI in WP
Nos. 644, 5669, 11663, 13866, 14271, 14272,
14274, 14343, 14409, 14440 of 2016.
Mr Milind N.Jadhav a/w Pranav S.Nair I/b SRM
Law Associates for respondent in WP
14385/2016
Anil D,.Yadav a/w Anand O. Singh for UOI R.No.1
in WP Nos. 12352/17, 12259/17, 12260/17.
Mr Parag vyas a/w Mr Vora and Mr. D. R. Shah
for UOI R. No.1 in WP Nos, 4814/16, 1883/16,
4542/15, 6870/15, 9369/15, 10161/15,
10165/15, 12542/15.
Mr Ajit R. Pitale for Respondent Mun, Corpn. In
WP 6420/17.
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Mr Dushyant Kumar for UOI in WPst
Nos.6444/16, 11663/16, 13866/16, 14271/16,
14272/16, 14274/16, 14343/16, 14409/16,
14440/16 & WP 5669/16.
Mr D.A.Dubey with Mohamedali M.Chunawala
for R.No.1 in Wpst No. 34233/2017.
Mr B.P.Jadeja I/b Pranil Sonawane & A.M.Sethna
and Mr. Alefiya Mandriwala for R.1 in
WP/8786/16.
Smt.S.I.Shah for R.No. In WP 5669/16 & 9478/16
for R.No.8 in WP9503/16 & 9504/16.
Mr Mayuresh S.Lagu for R.No.1 in WP 1895/2017
Mr S.R.Nargolkar for Respondent in WP
4711/2016.
Adv Karen D'souza I/b SRM Law Associates for
Respondent No.1 in WP 14385/2016.
CORAM :- S. C. DHARMADHIKARI &
P. D. NAIK, JJ.
rd
Reserved on 3 May, 2018
th
Pronounced on 27 September, 2018
JUDGMENT :- (Per S. C. Dharmadhikari, J.)
1. In all these matters, the primary question falling for our
consideration and determination is, whether the judgment and
order of the Hon'ble Supreme Court in the case of Godrej and
Boyce Manufacturing Company Limited and Anr. vs. the State of
1
Maharashtra would apply or otherwise. The next question is,
whether each of these petitioners can rely upon this judgment to
1 (2014) 3 SCC 430
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resist the consequences flowing from the Maharashtra Private
Forest (Acquisition) Act, 1975 (hereinafter referred to as “the Act
of 1975”), when their predecessors in title have never raised any
dispute about the applicability of this law or the steps and action
taken in pursuance thereof.
2. The facts and circumstances in most of these petitions are
identical. Since extensive arguments were canvassed, we are
disposing of these petitions by a common judgment.
3. Rule is granted in each of these petitions. The respondents
waive service. By consent of parties, Rule is made returnable
forthwith.
4. In Writ Petition No. 4814 of 2016 the facts are that the
petitioners are the owners of land bearing Survey Nos. 81, 82/1 to
82/6, 87/1, 82/7 to 82/16, 84/3, 85, 87/2 to 87/4, 88, 90/1, 90/2,
91/1, totally admeasuring 108.7860 acres, situated at Village-
Dahiwali, Taluka-Maval, District-Pune (hereinafter referred to as
“the said property”), which is the subject matter of the present
petition. The chart showing survey numbers with corresponding
Gat numbers, the area and the date of purchase of the said
property is annexed as Exhibit 'A' to the petition.
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5. Respondent no. 1 is the State of Maharashtra through its
Principal Secretary, Revenue and Forest Department, in whose
favour the impugned mutation entry is made in respect of the said
property. Respondent no. 2 is the Revenue Officer, the authority
constituted and performing functions under the Maharashtra
Land Revenue Code, 1966 (hereinafter referred to as “the
MLRC”), on whose instructions the impugned mutation entry has
been effected in respect of the said property. Respondent no. 3 is
the Chief Conservator of Forests, an authority constituted and,
inter alia, discharging duties under the Forest (Conservation)
Act, 1980. Respondent no. 4 is the Collector, Pune Division. All
the respondents are 'State' within the meaning of Article 12 of the
Constitution of India and, therefore, amenable to the writ
jurisdiction of this court.
6. The petitioners, by this petition, challenge the arbitrary and
illegal action on the part of the respondents in treating the
petitioner's lands as “forest/private Forest” although these lands
have never been forest in fact or in law. The petitioners are also
challenging the action of the authorities in mutating the name
under the provisions of the Maharashtra Private Forest Act in
“other rights” column in Revenue records of the Petitioners' lands
under Mutation Entry No. 521. The actions on the part of the
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respondent authorities treating the said property as “forest” are
completely arbitrary, unreasonable and non-est. The entire claim
of the respondents for claiming the said property as “forest” is
th
based on a purported show cause notice, stated to be issued on 7
June, 1956 under section 35(3) of the Indian Forest Act, 1927,
which was not even served on the predecessor-in-title of the
petitioners who were cultivating the said property. The said
property is “Jirayat” land and was cultivated accordingly.
7. The petitioners state that the said notice not having been
acted upon by the respondents, has lapsed and ceased to have any
effect and, therefore, the actions of respondents on that basis,
after about 46 years of the said notice, are clearly arbitrary and
unreasonable. In any case, the said property was always under
cultivation by the predecessor-in-title of the petitioners and was
never actually and physically “forest” at any point of time and,
therefore, the notice issued under section 35(3) of the Act of
1927 was rightly abandoned and did not culminate into issuance
of notification under section 35(1) of the Indian Forest Act, 1927.
The mere issuance of notice under section 35(3) of the Indian
Forest Act, 1927 is not sufficient for any land being declared as
“private forest” as defined under section 2(f)(iii) of the
Maharashtra Private Forest (Acquisition) Act, 1975.
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8. The petitioners state that the said property admeasuring
108.7860 acres was purchased by the petitioners, who are
members of same family, during the years 1989 to 2002. The
petitioners state that 79.4375 acres was purchased in the month
of May, 1989, 6.4250 acres was purchased in September, 1989,
2.8500 acres in the month of July, 1990, 7.55 acres in the month
of September, 1990, 2.1750 acres in the month of December,
1990, 6.0750 acres in the month of December, 1992, 3.0750
acres in the month of February, 1993, 0.6020 acres in the month
of December, 2001 and 0.5965 acres in the month of January,
2002.
9. The said properties were purchased vide registered deed of
conveyance after payment of the applicable stamp duty and
registration charges. The petitioners state that the said
properties were duly mutated in the names of the petitioners in
the Revenue records without any objection excluding properties
bearing Survey Nos. 84/3, 87/4, 82/10, 90/2 and 91/1. The
petitioners state that in respect of the aforesaid five survey
numbers, the petitioners have filed applications for effecting the
entries in their names, but the same has not been mutated till
date. The petitioners state that at the time of the purchase and at
the time of mutating the names of the petitioners in the Revenue
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records, there was no remark in the record of rights about the
said property being “private forest”. The petitioners state that
the petitioners have purchased the said property after exercise of
due diligence in respect of the title to the said property and are
bona fide purchasers for value without notice. The petitioners
state that the words “Under the provisions of Maharashtra
Private Forests Act” have been mutated by the respondents in the
year 2002 unilaterally and without any notice to the petitioners.
The petitioners rely upon the registered agreements of sale in
respect of the said property. Exhibit 'B' is the chart detailing the
properties, which are still not mutated in the name of the
petitioners.
10. The petitioners state that since 1989, the said property is in
the possession of the petitioners and the petitioners have not
received any notice from any authority calling upon them to
handover the possession of the said property. The petitioners
state that in order to complete the title documents in respect of
the said property, in the year 2008, the petitioners applied to the
office of Talathi, Taluka-Maval for the latest 7/12 extracts. The
petitioners state that upon receipt of the 7/12 extracts, the
petitioners were shocked to see that in the “other rights” column,
the words “Under the provisions of the Maharashtra Private
Forest Act” was entered vide Mutation Entry No. 521. The
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petitioners state that the petitioners immediately, vide
application under the Right to Information Act, 2005 (RTI) dated
th
29 August, 2008, applied to the office of the third respondent
and sought details of the notices issued and acquisition
proceedings initiated in respect of the said property. The
petitioners state that upon receipt of the documents from the
office of the third respondent, the petitioners came to know that
th
Mutation Entry No. 521 has been effected on 4 July, 2002 on the
basis of the application made by respondent no. 3 purporting to
annex copy of notices under section 35(3) of the Indian Forest
Act, 1927 purported to be issued to the occupiers along with the
purported notification under section 35(1). The petitioner state
that thereafter, the petitioners, through RTI applications
addressed to the office of respondent no. 3, called upon them to
provide the documents pertaining to the declaration of the said
properties as forest and collected all the information regarding
the issuance of the said notices from the respondents. The
petitioners refer to the said RTI applications. The petitioners,
thereafter, received the photo copy of the documents on the basis
of which the said property was mutated in the Revenue records
as “forest”. Exhibit 'C' is the copy of the 7/12 extracts in respect
of the said property showing the mutation of the words “Under
the provisions of Maharashtra Private Forest Act”.
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11. The petitioners state that from a perusal of the documents
received from the respondents under the RTI, it appears that on
th
7 June, 1956, notices under section 35(3) of the Indian Forest
Act, 1927 were published in the Official Gazette in respect of some
of the survey numbers comprised in the said property. The
petitioners state that there is no record of the purported notices
issued in respect of land bearing Survey Nos. 82/2, 82/16, 84/3,
85, 87(4), 87(2) and 91/1. The petitioners state that further in
respect of the balance survey numbers, there is no evidence on
record about the purported notices having been served upon the
predecessors in title of the petitioners. Copy of the documents
received by the petitioners under the RTI are annexed to the
petition as Exhibit 'D'.
12. The petitioners state that in the year 2001, the Bombay
Environment Action Group filed a public interest litigation (Writ
Petition No. 2980 of 2001/PIL No. 17 of 2002) in this court
seeking directions against the State and concerned authorities to
update the land records of the properties acquired under the
th
Private Forest Act, 1975. This court passed an order on 27
June, 2001, directing the State to file affidavits enumerating the
steps taken by the Government for recording the lands, which are
'forest' by virtue of inclusive definition under the Private Forest
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Act, 1975 and to safeguard such lands from encroachment and
trespass.
13. The petitioners state that the filing of the above PIL No. 17
of 2002 triggered the recording of various mutation entries in
respect of lands, which were claimed to be 'forest' by the
Department of Forest. Similarly, the Mutation Entry No. 521 was
effected by the Talathi, Taluka – Maval, District – Pune in respect
of the petitioners' land, reflecting the words “Under the provisions
of Maharashtra Private Forest Act” in “other rights” column on
th
4 July, 2002, without any notice to the petitioners.
14. The petitioners state that at the time when Mutation Entry
No. 521 was effected, the 7X12 extracts recorded the names of
the petitioners as the owners thereof. The mutation entry was
rd
effected by the Talathi, District – Maval on the order dated 3
July, 2002 issued by the Respondent Tahsildar, without any
notice to the petitioners. The said mutation entry records that a
th
letter dated 26 March, 2002 has been issued by the Range
Forest Officer for entering the name of “Private Forest – Forest
Department”. The said mutation entry also records that the said
th
letter dated 26 March, 2002 was accompanied by notices issued
under section 35(3) and notification published under section
35(1). The petitioners state that the petitioners, vide RTI
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nd
application dated 22 December, 2015 addressed to respondent
th
nos. 2 and 3, sought photo copy of the said letter dated 26
March, 2002 along with the accompanying documents mentioned
in Mutation Entry No. 521. However, the documents have not
been provided to the petitioners as yet. A copy of the Mutation
Entry No. 521 is annexed as Exhibit 'E' to the petition.
15. The petitioners state that the recital in the said Mutation
Entry No. 521 is factually incorrect. It is evident from the
th
perusal of the Government Gazette dated 7 June, 1956 that no
notices are issued under section 35(3) of the Indian Forest Act,
1927 in respect of land bearing Survey Nos. 82/2, 82/16, 84/3,
85, 87/4, 87/2 and 91/1. Further, in respect of the balance land
bearing Survey Nos. 81, 82/1, 82/4, 82/5, 87/1, 82/6, 82/7, 82/8,
82/9, 82/10, 88, 90/1 and 90/2, there is only the purported notice
under section 35(3) of the Indian Forest Act, 1927 published in
th
the Government Gazette on 7 June, 1956 without any evidence
of the same having been served upon the petitioners'
predecessors in title. Further, even in respect of such properties,
there is no notification issued under section 35(1) of the Indian
Forest Act, 1927. The petitioners state that in the absence of any
notification issued under section 35(1) of the Indian Forest Act,
1927, the said property cannot be declared as a “private forest”
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under the provisions of section 2(f)(ii) of the Maharashtra
Private Forests (Acquisition) Act, 1975.
th
16. On 24 March, 2005, the Division Bench of this court
disposed of a batch of writ petitions relating to lands which were
claimed by the State as “Forest Lands”. This court had held that
lands to which notice under section 35(3) of the Indian Forest act
was issued at some point of time were required to be treated as
“forest” in view of the judgment of the Hon'ble Supreme Court in
the case of Chintamani Gajanan Velkar vs. the State of
2
Maharashtra .
th
17. On 30 January, 2014, the Hon'ble Supreme Court decided
the civil appeals in the matter of Godrej and Boyce (supra) and
quashed the stop work notice issued in the year 2006 by the
Municipal Corporation on the instructions of the Deputy
Conservator of Forests. The claim of the land being 'forest' was
based on a show cause notice issued in the year 1956-57.
18. The petitioners state that the said property was never a
“private forest” under the provisions of section 35(3) of the
Indian Forest Act, 1927 as no notice had been served upon the
predecessors in title of the petitioners as mandated by section
35(5) of the Indian Forest Act, 1927. Further, there was no
2 (2000) 3 SCC 143
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notification issued under section 2(f) of the Maharashtra Private
Forests (Acquisition) Act, 1975. The petitioners state that any
notification under section 35(1) of the Act of 1927, if issued, is
illegal and bad in law as no notice has been served upon the
petitioners or their predecessors in title nor they were heard
before the issuance of the notification. The petitioners state that
only upon consideration of the objections raised by the owner of
the land, the notification under section 35(1) can be issued. As
observed by the Hon'ble Supreme Court in the case of Godrej and
Boyce (supra), section 2(f)(iii) of the Private Forests Act is
intended to apply to “live” and not stale notices issued under
section 35(3) of the Forest Act. The petitioners state that after
issuance of the purported notices under section 35(3) of the
Forest Act in the year 1956, no action had been taken by the
respondents for taking possession of the said land and has
permitted third party rights to be created in respect of the said
property.
19. The petitioners state that the Mutation Entry No. 521 was
effected in the year 2002. The Revenue records reflected the
names of the petitioners as the owners thereof. The petitioners
have not received any notice from the Forest Department for
handing over possession of the said property till date. The
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petitioners are in continuous possession of the said property from
the date of purchase in the year 1989. Thus, even if the
purported notification was issued, the State Government by its
conduct has abandoned the same and, therefore, is non-existent.
20. On being served a copy of these petitions, the respondents
have filed an affidavit in reply and that is pursuant to a direction
st
issued on 31 August, 2016. The affidavit in reply, apart from
raising an issue of maintainability of the petition, also highlights
the facts on legal issues. Paras 2, 3 and 4 with their sub-pars read
as under:-
“2. At the outset, I say and submit that the lands involved
in this petition is “forest” and deemed reserved forest under
the provisions of Maharashtra Private Forest (Acquisition)
Act, 1975 [herein after referred to as MPF(A) Act, 1975] and
deemed Reserved Forest under the Indian Forest Act, 1927
[herein after referred to as IF Act, 1927].
3. I say that Section 2(f) of the Forests AcquisitionAct
identifies seven categories of lands as “Private Forests” which
include section 2(f)(i) to 2(f)(vi) as well as all those areas
which are not the property of Government and which fit into
the definition of “Forest” as provided in section 2(c-i). I say
that there under acquisition is not necessarily linked with
Section 35 of Indian Forest Act, 1927, as being projected in
many cases pertaining to the acquired private forests
(deemed Reserved Forests).
4. I say that based on the above paragraphs, the following
legal issues arise for the determination of this Hon'ble Court.
a) Section 3(1) provides for acquisition and vesting
of all “Private forests” in the State free from all
encumbrances with effect from the appointed day (i.e.
th
30 August, 1975) without any reference to section
34A or section 35 of Indian Forest Act, 1927.
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b) The term “Private Forest” is defined under
Section 2(f). It has two distinct parts. The first part
provides as to what is meant by the term “Private
Forest” and the second part deals with what may be
construed to be “private forest” like the
lands/forests/sites of dwelling houses in such forests
etc. by way of inclusion as mentioned in clauses (i) to
(vi).
c) The first part of the definition appears as the
primary definition of the term “Private Forest” given by
the Legislature for the purpose of its acquisition and
vesting in the State Government under Section 3. As
accepted by the Hon'ble Supreme Court of India in the
judgment in the Godrej case, the land or tract of land
which falls within the definition contained in Section 3
(c-i), and is also not the property of the Government
shall be a “Private Forest” and would stand acquired
and vested in the State Government by virtue of
th
Section 3 of the MPF (A) Act, 1975 on and from 30
August, 1975 i.e. the appointed day. It is not necessary
for such land which falls within the definition of the
term “Forest” as per Section 2(c-i) to also fall within
any of the clauses (i) to (vi) of section 2(f). Thus, the
two parts of the term “Private Forest” are independent
of each other.”
21. Then, in para 7, it is stated that the forest areas were
th
deemed reserved forests on the appointed day, namely, 30
August, 1975. The ownership of the said forest land stood vested
in the State Government with effect from that date without any
encumbrances. Any transaction of sale or purchase after the
appointed day, therefore, would not confer any right in the
purchaser. Any subsequent transaction of the land by original
owners or their successors or any person, by way of various sale
deeds and power of attorney, cannot be held to be valid. Thus,
each of the petitioners would have to prove to this court that the
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transaction relied upon was prior to the appointed day. It is
stated in this affidavit that the mutation entries have been made
after full compliance with the provisions of law. As per section 3
of the Maharashtra Private Forest Act, all private forests stood
acquired and vested in the Government with effect from the
appointed day. The notice, along with possession receipt and
panchanama of acquired forest is available on record. A copy of
the same is annexed as Exhibit-'R-1'. As per section 5(1) of the
Act of 1975, the Forest Officer (Range Forest Officer) has taken
possession of the land. A list of the acquired lands as per the
th
provisions of the Act was forwarded to the Collector on 30
August, 1976 and this list contains the description of the said
land. It is in these circumstances that the land stood vested in
th
the State Government with effect from 30 August, 1975 and the
owners lost their right, title and interest therein. Then, there is a
specific denial of the factual averment that no notice under
section 35(3) of the Indian Forest Act, 1927 was issued and
served on the then holders of the said lands. It is not true that
the said lands were jirayat lands under cultivation. Apart from
relying upon a photograph, a copy of the panchanama of the
present position of the land is attached as Exhibit-'R-4'. Thus, this
is a land adjacent to reserved forest Gat No. 276 and 254. All the
averments to the contrary are, therefore, denied. It is specifically
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denied that the lands are in possession of the petitioners. In fact,
the Range Forest Officer, Shirota, has obtained possession of the
lands from the then holders. Thus, it is stated that there is
sufficient record to prove issuance and service of notice under
section 35(3) of the Indian Forest Act, 1927. A reference is made
then to the Golden Register, which contains the details of the
notices issued and served on the then holders of the lands. In
para 18 of this affidavit, it is stated that the Mutation Entry No.
521 was effected by the Talathi as per the orders of the Tahsildar-
Maval as the said lands have been vested in the State Government
as per the provisions of the Private Forest Act. Hence, the
mutation entry is legal and valid. It is in this backdrop that it is
submitted that the writ petitions be dismissed.
22. There is a rejoinder affidavit, which has been filed by the
petitioner in this petition, reiterating the contents of the writ
petition and purporting to deal with the affidavit in reply. It is
admitted that the mutation entry was effected in the year 2002.
The show cause notices under section 35(3) were issued in the
year 1956, without any evidence of the same having been served
upon the owners. It is clear that the State Government has not
acted upon the said notices for almost 50 years and the
possession of the subject land was always with the predecessor in
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title of the petitioners and thereafter, the petitioners. After the
purchase, the names of the petitioners have been duly mutated in
the Revenue records. No notices of the mutation of the State
Government in the subject land was served upon the petitioners
in the year 2002. The mutation entries are, therefore, bad in law
and, therefore, liable to be set aside. Thus, the claim is that there
has been no adjudication of the question whether the subject land
is a “forest” as defined in section 2(c-i) of the Act of 1975. The
mutation entry has been effected only on the basis of the show
cause notices issued under section 35(3) of the Indian Forest Act,
1927 by virtue of the inclusive definition. Thus, relying upon the
judgment of the Hon'ble Supreme Court in the case of Godrej and
Boyce (supra), it is urged that the lands cannot be termed as
private forest. The rest of the affidavit in rejoinder only contains
denials.
23. The facts in Writ Petition Nos. 4318 of 2016 and 177 of 2016,
in which lead arguments were canvassed, can also be summarised
in the sense, the subsequent purchasers and petitioners therein,
on identical assertions and averments, urged that the mutation
entries mutating the name of the State Government, on the basis
that the lands are private forest and vesting in the State
Government, are invalid and illegal. The details with regard to
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the lands, the holders, issuance of notices, the date of taking
purported possession and panchanama may differ. However, the
essential allegation and challenge remains the same. The State
Government also raises the same defence in the affidavit in reply
and with mere change in the names of parties and dates and
events. The essential contention in reply also remains the same.
24. Dr. Sathe learned senior counsel appearing for the
petitioners in Writ Petition Nos. 4318 of 2016 and 177 of 2016
would argue that for a land being termed as a private forest and to
be governed by the Act, it has to be first a forest. Secondly, a
notice in terms of section 35(3) of the Indian Forest Act, 1927
should not only be issued, but there should be proof of issuance as
also service. This is a condition precedent. In that, he relied
upon section 35(4) (5) of the Indian Forest Act, 1927. It is then
urged that action in terms of the notice should be taken within
one year of its service, else, the notice loses its shelf life. That
notice must culminate in an action under section 35(1) of the
Indian Forest Act, 1927, otherwise, it lapses after one year. In
that regard, he relied upon sub-section (4) of section 35 of the
Indian Forest Act, 1927 and paras 63, 72 and 74 of the judgment
of the Hon'ble Supreme Court in the case of Godrej and Boyce
(supra). If the land vests in the Government after due compliance
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with the above, then, steps in terms of section 3(2), 4 and 5 of the
Act of 1975 have to be taken. Our attention is also invited to
section 21 of the Act of 1975 to urge that the Government can
declare, if it still wants to hold certain lands as private forest, but
it cannot, in answer to these petitions, urge that the mutation
entry is justified. The Government cannot urge that today the
petitioners' lands are private forests. If the sine-qua-non for the
land to be termed as a private forest is not fulfilled, then, no
amount of reliance on panchanamas and mutation entries would
suffice. There must be clear proof and evidence of compliance
with the law. It is stated that merely because the State
Government says in the affidavit that some documents are
available, that would not be adequate. The compliance with law
requires that actions pursuant to notice under section 35(3) of
the Indian Forest Act, 1927 must be taken and proof of both,
issuance of notice and its service and action under section 35(1)
would have to be produced. Merely because the issuance and
service of notice is proved, but action subsequent thereto has not
been taken or that fact has not been proved, then, the land cannot
assume the character of a private forest. The proof of one is
available, but later is absent would only mean that nothing, which
has culminated into a firm action, has ever taken place. From
1975 till 2002, there is nothing on record except a mutation
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entry. There is no proof of taking over physical possession either.
It is in these circumstances that by mere reliance on a definition
under the Act of the word and expression “forest” and “private
forest”, the Government cannot insist on dismissal of these
petitions. The Government must, independent of these
definitions, also establish that the mandate of section 21 of the
Act of 1975 has been complied with. Merely because there is an
opportunity to answer or file a reply to the allegations in the writ
petition does not mean that now a copy of the possession receipt
or panchanama can be introduced by the State. The State must
establish and prove that this record was in existence on the
appointed date. For these reasons, Mr. Sathe would submit that
the writ petitions be allowed.
25. We have also a reliance placed upon section 22A in the
course of arguments in Writ Petition No. 7446 of 2006. There, it
is stated that the restoration order has been passed. The
petitioner is in possession and the land was never a forest. In
that regard, our attention has been invited to pages 9 to 15 of the
petition paper book and the affidavit in reply at page 191 of the
paper book in that petition. Our attention is also invited to the
th
letter of the State Government dated 7 March, 1980, copy of
which is at page 198 of the paper book.
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26. It is clear from the arguments of the other counsel that a
common thread runs through them. The common thread is as
referred above.
27. Mr. I. M. Chagla learned senior counsel appearing in Writ
Petition No. 6417 of 2015, while adopting the arguments of
Dr.Sathe, would urge that the Government's action in this petition
th
is based on the notice dated 16 November, 1961. There is no
proof of service of this notice. Mr. Chagla would urge that there is
no automatic vesting of private lands as private forest in the State
Government. He would submit that the lands would have to
assume the character of a forest. Merely because there is
presence of bush, trees etc., that by itself is no evidence of the
land being a forest. Therefore, for assuming the character of a
forest, but applying the law to a land chosen, which is not a
Government land, but a private land, it would be imperative that
the proceedings under the Indian Forest Act, 1927 are initiated
and taken to their logical end. The said proceedings are,
therefore, a condition precedent for any land other than the
Government forest to be identified and termed as a private forest.
Hence, the Hon'ble Supreme Court holds that not only a notice
under section 35(3) of the Act of 1927 must be issued, but it must
be duly served. Further, such a notice should not be stale or old.
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Then, Mr. Chagla would invite our attention to section 21 of the
Act of 1975 to urge that the same enables the State Government,
if it appears to it that any tract of land not being the property of
Government, contains trees and shrubs, pasture lands and any
other land whatsoever, and that it should be declared, in public
interest and for furtherance of the objects of this Act, to be a
private forest, then, the State Government has to follow the entire
procedure prescribed in this provision. Once this enabling power
has to be exercised in the manner set out therein, then, it could
not be urged by any stretch of imagination that before any private
land assumes the character of private forest, there is no necessity
of preceding adjudication. Hence, there cannot be any vesting of a
forest, which is private forest and not the property of the
Government, independent of the above provisions of law.
Mr.Chagla would submit that the provisions will have to be
construed strictly. Each of the provisions of the above nature are,
therefore, mandatory. There is no question of importing or
applying the doctrine of substantial compliance to such cases.
Mr.Chagla would, therefore, submit that the statute is
expropriatory in nature. Once such is the nature of the statute,
then, the interpretation of its provisions must be made with
reference to its context and not de-hors it. Merely saying that
this land, which is not a property of the Government, is a forest,
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would, therefore, not suffice. In these circumstances, he would
submit that the point is entirely covered in favour of the
petitioners by the judgment of the Hon'ble Supreme Court in the
case of Godrej and Boyce (supra).
28. Mr.Chagla, in the alternative and assuming without
admitting the position prevailing in 1961 is alone relevant,
submitted that in para 4(b) of the petition, there is a reference to
th
an order made in Ceiling Case No. 141 of 1973, decided on 27
September, 1973. This is the only contemporaneous record, but
that is not adequate for the primary requirement is of issuance
and service of notice under Section 35(3) of the Act of 1927.
Pertinently, no document of the year 1961 is relied upon in the
affidavit in reply. Mr. Chagla would also invite our attention to
the judgment of this court in the case of J. C. Waghmare vs. State
3
of Maharashtra relied upon by Mr.Sathe to urge that this is also
considered by the Hon'ble Supreme Court while rendering the
decision in the case of Godrej and Boyce (supra).
29. The argument of Mr.Chagla has then been adopted in more
or less all the cases, save and except a case, which was argued by
Mr.J. D. Mistri, the petitioner appearing in person [Writ Petition
(O.S.) No. 853 of 2017]. He would invite our attention to the
3 AIR 1978 Bom. 119
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pleadings in that petition to submit that the position in that case
is peculiar. Even the Government has acknowledged that the said
land is not vested in it. The property is entirely managed and
administered by the petitioner. That has been the position
throughout. The petitioner No.1 has made a positive statement
that neither she nor her predecessor in title have received any
notice under section 35(3) of the Act of 1927. The mother of the
petitioner is alive and she has affirmed the factual statements in
the writ petition. For these reasons, it is submitted that this case
must be viewed differently than others.
30. Similar attempt was made by Mr. Pratap Patil in one of the
matters, namely, Writ Petition No. 11382 of 2016.
31. On behalf of the State Government, Mr. N. H. Seervai
learned senior counsel was engaged as a Special Counsel.
Mr.Seervai opened his arguments by submitting that each of
these petitions are not bona fide. Each of the petitioners herein
are not the original owners, save and except in a case here or
there. Each of the petitioners have, subsequent to the vesting of
the private forest in the State, contracted to purchase the land
and are relying upon the documents allegedly executed in their
favour. Neither the predecessors in title of the petitioners nor the
original owners have ever disputed the position that the lands are
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forests, that they are not owned by the State Government, that
such private forests vest in the Government by virtue of the Act
of 1975 and the entire procedure contemplated thereby being
complied with. None of the petitioners have ever relied upon any
document affirmed by the original owners, much less any
affidavit, nor have they brought any material in that form even
today. It does not lie in their mouth to say that the original
owners did not receive any notice under section 35(3) of the Act
of 1927. The original owners have never protested and have
submitted themselves to the jurisdiction of the authorities under
the Act of 1975. They have accepted their fate. They are in
receipt of the requisite notices and, therefore, their lands, styled
as private forest, have vested in the State Government as on the
appointed day. Mr.Seervai has taken us through the scheme of
the Act to urge that everything prevailing as on the appointed day
is relevant and has to be accepted. So long as there is official
record to indicate that lands, which are otherwise forest, but not
the property of the Government, stood vested in the State
Government on the appointed day, after due and proper
compliance with the provisions of law and which record has never
been questioned or doubted by the original owners, then, none of
these petitioners can claim any right, title and interest in the
property. The original owners have lost their right, title and
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interest in the property by virtue of its vesting in the State
Government. Therefore, it is entirely for the State Government to
deal with the lands, which are vested in it and which are
identified and taken over as private forest. The forest cover in the
State of Maharashtra was depleting. A Public Interest Litigation
(PIL) was filed in this court bringing to this court's notice the
utter neglect and inaction on the part of the State Government in
complying with the forest laws. This resulted in the forest cover
or forests in general decreasing, thereby endangering ecology and
environment. Once this serious issue was brought before this
court, by way of the PIL, this court activated the authorities and
the State Government as a whole, after which, the attention of the
authorities was invited to the unauthorised and illegal attempts
to takeover such lands indirectly. In other words, all those lands,
which were private forests and stood vested in the Government,
having not been properly depicted and shown as such in the
Records that the mutation entries in the village records were
inserted. That was done by a process known to law. Once that
was done pursuant to an order passed by this court in a PIL and
which order operates in rem, then, all the more, we should not
accept any of the arguments to the contrary. It is mere updating
of the Revenue records which has been done so as to prevent the
mischief and potential threats to takeover the forest lands by
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private persons. Once there are entries in the Revenue records
depicting the lands to be a forest, then, it is not expected that
such entries should be ignored by those dealing with these lands.
If they have been intentionally ignored and still deals have been
struck, then, such deals do not have any sanctity in law. The
beneficiaries of such deals are before this court and hence, we
should be very slow in interfering with the mutation entries or
directing any de-novo or fresh adjudication of the issue and
particularly whether these lands are forests and if they are,
whether they are private forests within the meaning of the Act of
1975.
32. Mr. Seervai was at pains to point out that in each of these
cases, the sheet anchor of the arguments of the petitioners is
reliance on the judgment of the Hon'ble Supreme Court in the case
of Godrej and Boyce (supra). However, Godrej and Boyce (supra)
is not a judgment, which can be of any assistance to the
petitioners before us. That was a peculiar case. The judgment
must be read in the backdrop of the facts in the case of Godrej.
There, Godrej successfully pointed out that no notice under
section 35(3) was ever served on them and that is the basis on
which their lands were taken away terming them as private
forest. Godrej went, as far as bringing on record the affidavit and
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a positive assertion of their employee, who was in service in its
Estate Department in the year 1957, in which the Government of
Maharashtra claimed to have issued and served a notice under
section 35(3) of the Act of 1927 on Godrej. Thus, Godrej said that
they were and continued to be the owners of the land, which is
neither a forest nor a private forest vesting in the State
Government by the Act of 1975. They refuted every allegation of
the State Government and their assertion was backed by absence
of any official record in relation to issuance and service of the
above notice. Hence, the condition precedent to term the land as
private forest and to hold that it vested in the Government of
Maharashtra was not complied with in the case of Godrej. The
decision of the Hon'ble Supreme Court entirely rests on this
premise. While appreciating the case of Godrej and particularly
the argument of the learned senior counsel appearing for Godrej
that the State Government's stand that the proof of issuance of
issuance of the notice under section 35(3) must be construed and
accepted as proof of receipt/service would be too risky and to be
applied to all cases across the board irrespective of their peculiar
facts and circumstances. If proof of the nature brought by Godrej
is on record, then, the further contention was that this assertion
has definite force. It is in these circumstances and when the
original owners had developed their properties, constructed
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buildings and households, including factories and industries, that
the Hon'ble Supreme Court rendered its judgment in favour of
Godrej. If that judgment has to be applied to all cases and of the
nature brought before us, it would result in destruction of forest
cover and ecology in the State. Every person would then raise the
issue of the issuance and service of notice under section 35(3) of
the Act even though he has no right in the land or property. If
subsequent purchasers like the petitioners are allowed to dispute
the position emerging from the records of 1961 and 1975 in the
year 2015, 2016, 2017 and 2018, then, larger public interest
would be defeated. According to Mr. Seervai, in Godraj's case, the
main part of section 2(f)(i) of the Act of 1975 was not considered
at all. The case of Godrej was specific. That absent, a proof of
service of notice under section 35(3) of the Act of 1927 and its
mere issuance would not make the lands of Godrej a private
forest. If they are not private forests then they would not vest in
the Government. Thus, to hold that they are private forests, proof
of service of such notice is also mandatory and every judgment of
the Hon'ble Supreme Court to the contrary does not lay down a
correct law. This argument was accepted in Godrej's case and
hence, no benefit or advantage can be derived of the same by
these petitioners. Here, the petitioners are relying upon the case
of J. C. Waghmare (supra), which is a judgment of this court and
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even by that judgment, nothing contrary to what is urged by the
State above, is held. In that regard, our attention is invited to
para 25 of the said judgment.
33. Mr.Seervai continued his arguments by inviting our
attention to pleadings in certain petitions and particularly in Writ
Petition No. 4814 of 2016. He would submit that paras 1 to 5 of
this petition are completely dealt with and the contents thereof
denied and in that regard, our attention is invited to the affidavit
in reply of the Government and pages 153 to 154 and 157 thereof.
Mr.Seervai would submit that this is a case, in which he can
successfully point out the falsity in the arguments of the
petitioners. Mr. Seervai then proceeded to deal with the
judgments cited by Mr.Chagla and submits that each of these
judgments are distinguishable on facts. Mr.Seervai also laid great
emphasis on the principle that no judgment, even it be of the
Hon'ble Supreme Court, should be construed as if it is a statute.
Mr.Seervai submits that judgments are not statute for a judgment
interprets statute. Judges do not make laws, but they interpret
laws. Therefore, a word here and a word there on facts makes a
lot of difference and no judgment can be construed as a binding
precedent unless there is a similarity in fact situation. In other
words, if the facts, based on which a binding precedent has been
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rendered, are identical to the case in which such precedent is
relied upon, then alone the judgment can be said to be binding.
34. Ending his argument, Mr.Seervai would submit that
presuming that the State Government cannot succeed on its case
on section 2(f)(iii) of the Act of 1975 does not mean that the case
is not covered by section 2(c)(i) of that Act. In other words,
merely because the Government is unable to produce record
which would indicate that a private forest has vested in it, then,
the case of the Government should be allowed to rest and
successfully on section 2(c)(i) of the Act of 1975. Thus, mention
of section 2(f)(iii) would not vitiate the action of the State
Government in this case because the lands have a natural flavour
of a forest. That is how he would rely upon section 2(c)(i) of the
Act of 1975. For all these reasons, he would submit that the writ
petition be dismissed.
35. In rejoinder to Mr. Seervai's arguments, Mr.Chagla and
Dr.Sathe would submit that if we do not follow the judgment of the
Hon'ble Supreme Court in Godrej's case, it would amount to acting
in defiance of the law of the land. It is a binding precedent. Not
following it would be judicial indiscipline. Every attempt to brush
aside such binding precedent be discarded and all the more by the
State Government. Merely because the erstwhile owners have
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not come forward to challenge the action of the State Government
does not mean that there is an estoppel, in the sense that the
petitioners are prohibited or estopped from questioning the
Government's action. The petitioners' locus cannot be questioned
on the premise that the persons from whom they bought the land
or acquired the title have accepted the action of the Government.
Mere inaction on their part cannot be construed as acceptance of
the action of the State Government. The inaction of the erstwhile
owners would not deprive the petitioners of their right to
challenge the said action and particularly when they are
aggrieved by the mutation entries carried out in the year 2002.
For these reasons, it is urged that the petitions be allowed.
36. For properly appreciating the rival contentions, a brief
reference will have to be made to the provisions of the Act of 1927
and the Act of 1975.
37. The Indian Forest Act, 1927 is an Act to consolidate the law
relating to forests, the transit of forest produce and the duty
leviable on timber and other forest produce. The law was enacted
st
on 21 September, 1927. Section 2 is the interpretation clause
and thus contains definitions. Chapter II of this Act deals with
reserved forests and contains provisions in that regard. Chapter
III provides for village forests and Chapter IV is titled as
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“Protected Forests”. Then comes Chapter V which talks of
control over forests and lands not being the property of
Government. Sections 35 to 38 fall in this Chapter and read as
under:-
“35. Protection of forests for special purposes. - (1) The
State Government may, by notification in the Official Gazette,
regulate or prohibit in any forest waste-land -
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
When such regulation or prohibition appears necessary for
any of the following purposes:-
(i) for protection against storms, winds, rolling
stones, floods and avalanches;
(ii) for the preservation of the soil on the ridges and
slopes and in the valleys of hilly tracts, the
preservation of landslips or of the formation of ravines,
and torrents, or the protection of land against erosion,
or the deposit thereon of sand, stones or gravel;
(iii) for the maintenance of a water-supply in springs,
rivers and tanks;
(iv) for the protection of roads, bridges, railways and
other lines of communication;
(v) for the preservation of the public health.
(2) The State Government may, for any such purpose,
construct at its own expense, in or upon any forest or waste-
land, such work as it thinks fit.
(3) No notification shall be made under sub-section (1) nor
shall any work be begun under sub-section (2), until after the
issue of a notice to the owner of such forest or land calling on
him to show cause, within a reasonable period to be specified
in such notice, why such notification should not be made or
work constructed, as the case may be, and until his objections,
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if any, and any evidence he may produce in support of the
same, have been heard by an officer duly appointed in that
behalf and have been considered by the State Government.
36. Power to assume management of forests. - (1) In
case of neglect of, or wilful disobedience to, any regulation or
prohibition under section 35, or if the purposes of any work to
be constructed under that section so require, the State
Government may, after notice in writing to the owner of such
forest or land and after considering his objections, if any,
place the same under the control of a Forest-officer, and may
declare that all or any of the provisions of this Act relating to
reserved forests shall apply to such forest or land.
(2) The net profits, if any, arising from the management of
such forest or land shall be paid to the said owner.
37. Expropriation of forests in certain cases. - (1) In any
case under this Chapter in which the State Government
considers that, in lieu of placing the forest or land under the
control of a Forest-officer, the same should be acquired for
public purposes, the State Government may process to
acquire it in the manner provided by the Land Acquisition
Act, 1894 (1 of 1894).
(2) The owner of any forest or land comprised in any
notification under section 35 may, at any time not less than
three or more than twelve years from the date thereof,
require that such forest or land shall be acquired for public
purposes, and the State Government shall acquire such forest
or land accordingly.
38. Protection of forests at request of owners. - (1) The
owner of any land or, if there be more than one owner thereof,
the owners of shares therein amounting in the aggregate to at
least two-thirds thereof may, with a view to the formation or
conservation of forests thereon, represent in writing to the
Collector their desire -
(a) that such land be managed on their behalf by the
Forest-officer as a reserved or a protected forest on
such terms as may be mutually agreed upon; or
(b) that all or any of the provisions of this Act be
applied to such land.
(2) In either case, the State Government may, by
notification in the Official Gazette, apply to such land such
provisions of this Act as it think suitable to the circumstances
thereof and as may be desired by the applicants. ”
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38. A bare reading of the title of the Chapter and section 35
would denote that the State Government has a discretion to issue
notification in the Official Gazette to regulate or prohibit in any
forest or waste land as understood in law, when such regulation
or prohibition appears necessary for the purposes indicated in
clauses (i) to (v). Sub-section (2) of section 35 enables the State
Government to construct at its own expense, in or upon any
forest or waste-land, such work as it thinks fit. That is to fulfill
the purpose of regulation or prohibition in any forest or waste
land, the activities set out in sub-section (1) clauses (a) to (c) of
section 35. Sub-section (3) of section 35 says that no notification
shall be made under sub-section (1) nor shall any work be begun
under sub-section (2), until after issuance of a notice to the owner
of such forest or land calling on him to show cause, within a
reasonable period to be specified in such notice, why such
notification should not be made or work constructed, as the case
may be, and until his objections, if any, and any evidence he may
produce in support of the same, have been heard by an officer
duly appointed in that behalf and have been considered by the
State Government. Thus, the purport of the section is to inform
the owner of the forest or waste land, where the activities
referred above are sought to be prohibited or regulated. The word
“owner” is defined in an inclusive manner in section 2(4A) to
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include a Court of Wards in respect of property under the
superintendence or charge of such Court. Thus, the power to
place a forest or land in control of the Government, to assume
management of forest in case the notification regulating or
prohibiting the activities is neglected or willfully disobeyed is also
conferred by section 36. The expropriation of forest in certain
cases is permissible by taking recourse to section 37 and by
section 38, protection of forest at request of owners is possible.
These provisions, therefore, must be understood in the backdrop
of the title to Chapter V, the object and purpose in enacting the
Act of 1927 and protecting forests for special purposes.
Therefore, the notification under sub-section (1) or the work
under sub-section (2) cannot be issued or undertaken until there
is compliance with sub-section (3) of section 35. We need not
refer to further Chapters for those deal with timber and other
forest rules, their control, penalties and procedure and other
relevant and miscellaneous matters.
39. The Maharashtra Private Forests (Acquisition) Act, 1975
enables the Maharashtra Government to acquire private forests
in the State and to provide for certain other matters. The
preamble to this law reads as under:-
“An Act to acquire private forests in the State and to
provide for certain other matters.
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WHEREAS the forest land in the State is inadequate;
AND WHEREAS the private forest in the State is
generally in highly degraded and over-exploited state, and is
adversely affecting agriculture and agricultural population;
AND WHEREAS it is, therefore, expendient to acquire
private forests in the State of Maharashtra generally for
conserving their material resources and protecting them
from destruction or over-exploitation by their owners and for
promoting systematic and scientific development and
management of such forests for the purpose of attaining and
maintaining ecological balance in the public interest, for
improving the socio-economic conditions of the rural
population,a nd particularly of the adivasis and other
backward communities who generally live in forest areas, for
developing as pasture the forest suitable for the purpose, for
assigning a part of the private forest to the rural community,
for controlling the soil erosion both in the forest areas and in
the lower level agricultural lands, for conserving soil
moisture, for improvement of the water regime and raising
the water table, for retarding the siltation of dams and tanks,
for distribution of forest produce for the common good and
preventing the concentration of forest wealth to the common
detriment, for distribution of the mature exploitable forest
produce as best to subserve the common good, for promoting
employment opportunities based on forest, for meeting the
requirements of forest produce including fire-wood with a
view inter-alia to decrease the dependence on cow-dung, and
in particular, for afforestation of private forest wherever
feasible on scientific lines, and thereby create conditions for
the improvement of land and underground water resources to
the best interest of agriculture and agriculturists in such
private forests and other lands in the State, and for
undertaking schemes for such purposes;
AND WHEREAS it is also expedient to provide that in the case
of owners of private forests (other than those whose lands
were used for extracting minor minerals such as stone
quarries)' whose total holdings of lands became less than
twelve hectares on the appointed day on account of
acquisition of their forest lands under this act, or whose total
holding of lands was already less than twelve hectares on the
day immediately preceding the appointed day, the whole or
the appropriate portion of their forest lands so acquired shall
be restored to, and reserved in, them, so that their total
holdings of lands may be twelve hectares or less, as the case
may be, and they may be able to continue to earn their
livelihood from such lands; and to provide for certain other
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purposes hereinafter appearing; It is hereby enacted in the
Twenty-sixth Year of the Republic of India as follows:- …..”
40. The definitions are to be found in section 2 and we are
concerned with the definition of the term “appointed day”. That is
defined in section 2(a) to mean the date on which this Act comes
th
into force. This Act came into force on 30 August, 1975. The
term “Collector” is defined in section 2(c) as under:-
“2(c) “Collector” includes an officer not below the rank of a
Deputy Collector appointed by the State Government to
exercise the powers and perform the duties of the Collector
under this Act.”
41. Thereafter, the definitions of the term “forest” “Forest Act”
and “private forest” are relevant and material and read as under:-
“2(c-i) “forest” means a tract of land covered with trees
(whether standing, felled, found or otherwise), shrubs,
bushes, or woody vegetation, whether of natural growth or
planted by human agency and existing or being maintained
with or without human effort, or such tract of land on which
such growth is likely to have an effect on the supply of timber,
fuel, forest produce, or grazing facilities, or on climate, stream
flow, protection of land from erosion, or other such matters
and includes; -
(i) land covered with stumps of trees of forest;
(ii) land which is part of a forest or
… …
2(d) “Forest Act: means the Indian Forest Act, 1927 in its
application the State of Maharashtra ;
… …
2(f) “private forest” means any forest which is not the
property of Government and includes, -
(i) any land declared before the appointed day to be
a forest under section 34A of the Forest Act ;
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(ii) any forest in respect of which any notification
issued under sub-section (1) of section 35 of the Forest
Act, is in force immediately before the appointed day ;
(iii) any land in respect of which a notice has been
issued under sub-section (3) of section 35 of the Forest
Act, but excluding an area not exceeding two hectares
in extent as the Collector may specify in this behalf ;
(iv) land in respect of which a notification has been
issued under section 38 of the Forest Act;
(v) in a case where the State Government and any
other person are jointly interested in the forest, the
interest of such person in such forest;
(vi) sites of dwelling houses constructed in such
forest which are considered to be necessary for the
convenient enjoyment or use of the forest and lands
appurtenant thereto ;
…..”
42. Section 3 of the Act is further material section and is
another relevant section and it reads as under:-
“3. (1) Notwithstanding anything contained in any law
for the time being in force or in any settlement, grant,
agreement, usage, custom or any decree or order of any
Court, Tribunal or authority or any other document, with
effect on and from the appointed day, all private forests in the
State shall stand acquired and vest, free from all
encumbrances, in, and shall be deemed to be, with all rights in
or over the same or appertaining thereto, the property of the
State Government, and all rights, title and interest of the
owner or any person other than Government subsisting in
any such forest on the said day shall be deemed to have been
extinguished.
(2) Nothing contained I sub-section (1) shall apply to
so much extent of land comprised in a private forest as in held
by an occupant or tenant and is lawfully under cultivation on
the appointed day and is not in excess of the ceiling area
provided by section 5 of the Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961, for the time being in force or
any building or structure standing thereon or appurtenant
thereto.
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(3) All private forests vested in the State
Government under sub-section (1) shall be deemed to be
reserved forests within the meaning of the Forest Act.”
43. Thus, the definition of the terms “forest”, “private forest”
together with section 3 would convey the object and purpose of
the Act and namely to vest in the State, free from all
encumbrances, all private forests. Once these private forests so
vest and with a deeming fiction as envisaged by sub-section (1) of
section 3, then, every right, title and interest of the owner or any
person other than the Government subsisting in any such forest
on the said day shall be deemed to have been extinguished.
44. The argument of the learned senior counsel appearing for
the petitioners overlooks this fundamental position, namely, that
everything must be seen with reference to the appointed day. On
and from the appointed day, the vesting is complete and the
deeming fiction in sub-section (1) of section 3 would demonstrate
that the right, title and interest in the private forest is
extinguished. Pertinently, in all these cases, the petitioners have
come on the scene much after the appointed day. All the
petitioners rely upon some document, but executed post the
appointed day. None have been on the scene on the appointed day.
For example, in Writ Petition No. 4814 of 2016, the 12 petitioners
claim to be owners of the land. However, the argument is that the
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property involved in this writ petition was purchased by the
petitioners, who are members of the same family, during the
years 1989 to 2002. They claim to rely on registered agreements
of sale. Pertinently, in the petition, further it is stated that since
the year 1989, the property is in possession of the petitioners, but
they have not received any notice from any authority, calling
upon them to handover possession of the said property. At the
same time, it is stated in para 6 of this petition that the title was
not complete by mere execution of agreement for sale in favour of
the petitioners. In order to complete the title, in the year 2008,
the petitioners applied to the Revenue officials for the registered
7X12 extracts. In that, they found Mutation Entry No. 521,
which contains the details, namely, the acquisition under the Act
of 1975. It is then that this mutation entry was known to them.
It is then they made inquiries by seeking information under the
Right to Information Act, 2005 and then they became aware of
th
the date of the mutation entry, namely, 4 July, 2002. They state
that this mutation entry has been made on the basis of issuance of
notice under section 35(3) of the Act of 1927. They claim that
this is purported to be issued and served on the occupiers along
with purported notification under section 35(1). Such an
averment in the memo of the petition itself means that not only
was the notice issued, but, thereafter, the notification under
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section 35(1) was also published in the Official Gazette. In the
affidavit in reply, the Assistant Conservator of Forest very clearly
states that the petitioners have no right, title or interest in the
th
land, because on the appointed day i.e. 30 August, 1975, these
lands stand acquired and vested in the State free from all
encumbrances. This statement is made in the affidavit by relying
upon the notice along with possession receipt. It is stated that the
further steps have also been taken and by virtue of sub-section
(3) of section 3, all private forests vesting in the State under sub-
section (1) of section 3 shall be deemed to be reserved forests
within the meaning of the Act of 1927. Annexure “R-1” to the
petition is the notice along with possession receipt. Now, it is
evident that the petitioners seem to be feigning ignorance of the
contents of Annexure “R-1” to this petition. Annexure “R-1” in
the copy of the notice and which notice is not the one which the
petitioners purport to state and refer to. The stage of section
35(3) culminating into issuance of notification under section
35(1) was over long time back. This notice, copy of which is at
Annexure “R-1” merely informs one Tulshiram Bhika Dagde and
others, whose names were mutated in the records as owners
earlier, that the lands covered by this notice are private forests
vesting in the State under the Act of 1975. It is only that physical
possession of these lands was not taken from these parties earlier.
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That is how this notice calls upon the persons, to whom it is
addressed, to handover physical possession of these lands to the
Department of Forest/Assistant Conservator of Forest, Pune
Region, else, that possession would be taken in terms of the power
conferred by section 5 of the Act of 1975. This section reads as
under:-
“5. Where any private forest stands acquired and vested in
the State Government under the provisions of this Act, the
person authorised by the State Government or by the
Collector in this behalf, shall enter into and take over
possession thereof, and if any person resists the taking over
of such possession, he shall without prejudice to any other
action to which he may be liable, be liable to be removed by
the use or such force as may be necessary.”
45. Hence, this is a notice traceable to section 5 of the Act and
based on that, the affidavit asserts that the steps prior thereto
have already been taken and no issue, much less a dispute or
challenge was ever raised to such an action, on the part of the
State Government, by anybody. Pertinently, on the date when the
proceedings under section 35(3) and 35(1) ended and equally
section 5 was invoked, the petitioners were not on the scene. It is
surprising and shocking that they are filing petitions in this court
and stating that no notice under section 35(3) was issued and
served. That is not the controversy which can be raised by the
petitioners now, particularly in the light of the positive assertion
in this affidavit in reply. Further, Annexure “R-2” is a list of
acquired lands and which are private forests vesting in the State
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under the Act of 1975. That list was sent to the Collector in 1976.
That list covers the land, which is the subject matter of this writ
petition. It is, therefore, apparent that the petitioners have no
right, title and interest in the land and the agreement for sale is
not valid and legal.
46. Additionally, this affidavit in reply denies that notice under
section 35(3) of the Act was not issued and served on the owners
of the land. Once again, such argument of the petitioners flies in
the face of section 35(3) of the Act of 1927, which says that notice
has to be issued to the owners of such forests or land calling upon
them to show cause within a reasonable period to be specified in
such notice, why such notification should not be made as is
referable to section 35(1) of the Act of 1927. Annexure “R-3” to
this petition is a photograph of the land and Annexure “R-4” is a
copy of the panchanama in relation to the present position of the
land. The panchanama reveals that there are trees. The land has
a steep slope. The trees are to be found on the slope. There is no
construction of any nature nor any cultivation. This document is
relied upon to show that the land is adjacent to reserved forest
Gat No. 276 and 254. In the rejoinder affidavit, all that the
petitioners would say is that the mutation entry was effected in
the year 2002. The notices under section 35(3) of the Act of
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1927 were issued in the year 1956 without any evidence of the
same having been served upon the owners. The State
Government has not acted upon the said notices for almost 50
years and the possession of the subject land was always with the
predecessor in title of the petitioners and thereafter, the
petitioners. After the purchase, the names of the petitioners have
been duly mutated in the Revenue records.
47. The statements in the affidavit in rejoinder would have to be
seen in the backdrop of the averments in the writ petition. The
statements in the writ petition are very guarded. The statements
in the writ petition are that the petitioners came on the scene
during the year 1989 to 2002. The writ petition, however, is filed
st
on 1 April, 2016. In the writ petition itself, in para 7, it is stated
that the petitioners were supplied with all the information, which
they sought by making an application under the Right to
Information Act, 2005. They were also supplied with copies of the
documents. These documents received from the respondents
th
revealed to the petitioners that on 17 June, 1956, notices under
section 35(3) of the Act of 1927 were published in the Official
Gazette in respect of some of the survey numbers comprised in
the said property. There is no record of the purported notices
issued in respect of certain survey numbers. Then, it is stated
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that insofar as the balance survey numbers is concerned, there is
no evidence on record about the notices having been served upon
the predecessors in title of the petitioners. Exhibit 'D' is relied
upon in that regard. Now, Exhibit 'D' to this writ petition is
nothing but a copy of the communication from the Conservator of
Forest, Shirota, Kuvashet, Taluka Maval, District Pune. That is
the office of this Conservator, which is communicating with the
Tahsildar and giving him information on the subject of Writ
Petition No. 2980 of 2001. Pertinently, this writ petition was filed
in this court as a Public Interest Litigation so as to safeguard and
protect forests and overall forest cover, which was apprehended
to be depleted or adversely affected by the inaction of the officials
in the Department of Revenue and Forest, Government of
Maharashtra. The Tahsildar is informed by the office of the
Conservator of Forest that village Dahivali, Taluka Maval, District
Pune is the village concerned. Within the village limits, certain
lands have been acquired and stand vested in the State by virtue
of the Act of 1975 because they are private forests. There is
evidence on record, which would indicate that these lands/private
forests are not mutated in the Revenue records in the name of the
Department or the State. That is why, acting on the
communication from the Revenue and Forest Department,
nd
Mantralaya, Mumbai dated 22 February, 2005, the necessary
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steps are taken. These are but mutations, which remained to be
carried out. In other words, it is the entries, which were not
carried out by correcting the Revenue records. By this alone, the
petitioners cannot assert that the steps prior to these lands or
private forests vesting in the State have not been taken. There is
no basis for such a plea as, in the same breath, the petitioners
have also pointed out that in the Bombay Government Gazette of
th
7 June, 1956, a notice was published under section 35(3) of the
Act of 1927 addressed to one Bhika Bhagu Padval. He was called
upon to show cause as to why action under section 35(1) should
not be taken. The notices are published in the Bombay
Government Gazette of the above date and that is addressed to
several persons, as is evident from pages 58 to 85 of the paper
book. Then, it is stated that the notices in relation to the
mutation entries follow the vesting of these lands in the State.
The vesting takes place by virtue of the steps taken and referred
in the law itself, namely, compliance with section 35(1) and (3) of
the Act of 1927. In the instant case, no argument can be founded
on non-issuance or non-service of notice under section 35(3)
because the petitioners themselves annex extracts from the
th
Bombay Government Gazette dated 7 June, 1956 and which is
nothing else, but the notification issued under sub-section (1) of
section 35 of the Act of 1927. That notification was in force
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th
before 30 August, 1975. It is by virtue of that the State is
asserting that this is a private forest, which was not the property
of the Government. It stood vested on and from the appointed
day because the steps prior to such vesting have already been
taken. Thus, all the pre-requisites and pre-conditions stand
complied with and fulfilled. It is not the petitioners' case that
notices under section 35(3) of the Act of 1927 have not been
taken to their logical end in relation to these lands. It is not
possible for them to raise such an issue or plead such a case
simply because it is not the State, but the petitioners themselves,
who are annexing copies of the notification published under
section 35(1) of the Act of 1927. Once they do so, then, they
would have to show that this notification was not in force before
the appointed day. That is not their case. That plea could never
have been raised by the petitioners because the petitioners were
not on the scene at all on the appointed day. It does not lie in
their mouth now to say that the concerned lands are not private
forests and that they do not vest in the State free from all
encumbrances. Thus, the entire foundation in this case is the
inaction of the Revenue Department in mutating the name of the
State Government in the Revenue Records. That the names have
not been entered or entered belatedly is the basis on which these
petitions are filed. The judgment of the Hon'ble Supreme Court in
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Godrej (supra) is not founded only on such a plea. The positive
case as pleaded and proved in Godrej (supra) is hopelessly
lacking in these petitions. Besides this, the case as pleaded is
vague and hopelessly lacking in material particulars. It is also
very guarded and unsure.
48. The petitioners are aware that at page 86, the Talathi,
Mauje Dahivali, Taluka Maval, District Pune has prepared a
record of the entries and these entries would go to show that
compliance has been made with section 35(1) of the Act of 1927.
The petitioners are informed that each of these lands are vesting
in the State and it is only the mutation or the process of inserting
the name of the State Government in relation thereto, which had
remained to be completed. Now, even that is completed. In these
circumstances, it would be highly unsafe to allow the petitioners
in this petition to argue that no notice under section 35(3) of the
Act of 1927 was ever issued or if issued, was served. Such a case,
if permitted to be introduced now and accepted would only mean
that persons who are out to deprive the State and the public at
large of a huge forest cover derive an unfair advantage and benefit
by invoking the discretionary and equitable jurisdiction under
Article 226 of the Constitution of India. It is too well settled to be
reiterated that the jurisdiction under Article 226 of the
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Constitution of India is extraordinary. That jurisdiction is vested
in this court to promote justice and not defeat it. It cannot be
exercised so as to undo what has already been done long time
back and accepted by those, who claimed right, title and interest
in these lands, but did nothing to assert it, though being very
much on the scene at the relevant time. Once they do not deem it
fit and proper to protest or have not protested in time, then, their
inaction would visit parties like the petitioners with all
consequences. If the predecessors in title of the petitioners have
never bothered to question or challenge the action of the State
Government in taking over their lands/private forests, then, it is
not open to the petitioners to now challenge the same. The
petitioners have to blame themselves for having dealt with lands
and properties, which were never owned by their predecessor in
title. Their predecessors in title lost their rights and interest in
the land on the appointed day. Much before they dealt with these
lands or entered into the transactions with the petitioners, they
were denuded of their right, title and interest in the same. One,
who deals in such lands and properties is not entitled to any
protection from a court of law, much less in writ jurisdiction.
49. This is the position common to almost all the petitions,
which have been argued before us. In the other two petitions
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argued by Mr. Chagla, it is evident that at pages 32 to 47 of the
Writ Petition Nos. 6417 of 2015, the petitioners have annexed
what, according to them, are the relevant documents. However,
as is evident from the documents, these documents cannot be of
any avail or assistance as even these petitioners were not on the
scene. The predecessor in title of these petitioners have also not
bothered to question the acts of the State and its officials.
50. Pertinently, even Mr. Chagla could not dispute that each of
these petitioners are not the original owners. The lands involved
in this petition were originally owned by Chinchwad Devasthan
Trust. These lands were sold to the petitioners only in the year
1999. It is claimed that the Trust filed a return or statement in
respect of holding of agricultural lands. An inquiry was held by
the Special Deputy Collector, Land Ceiling, Phaltan. He passed an
th
order on 27 September, 1973 and excluded, inter alia, the said
lands bearing Old Survey No. 247 (present Survey No. 211),
village Mann from the holding of the Trust. It is stated that it was
not mentioned anywhere that these lands were forest lands or
attract the provisions of the Act of 1927 or any law relating to
forest.
51. The Trust intended to give on lease for a period of 99 years,
inter alia, the said lands and invited offers. Then, the Trust is
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stated to have made application before the Charity Commissioner,
who granted permission to sell or lease the lands. Then, it is
claimed that a company (Kalpavruksha Plantations Private
Limited) purchased these lands as its offer was accepted. A lease
was executed in favour of this company for 99 years and
thereafter, mutation entries were made. Then, it is stated that an
outright sale offer was made by the Trust and once again, it
inserted public notices, in response to which the very company, to
which the land was leased, agreed to purchase and the Trust
agreed to sell the lands subject to the right of nomination of the
company in favour of petitioner nos. 1, 2, 4 and 5. It is claimed
that such is the acquisition of the right in the property and after
payment of consideration. It is, therefore, claimed that at no
stage there was any invocation of forest laws. It is only when the
first respondent, through respondent no. 3 directed respondent
no. 4 to ensure that necessary entries are made in his Tehsil in
respect of the lands affected by the Act of 1975 that the necessary
entries in the village records were made. It is claimed that the
lands are affected by the provisions of the Act of 1927 and that
st
Act was applied and invoked based on a notice dated 21 June,
1961 issued under section 35(3) of the Act and published in the
th
Official Gazette on 16 November, 1961 by respondent no. 1. That
is how respondent no. 4 instructed the village level officer to
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make the necessary entries in the record of rights based upon
this notice. That is how this village level official acted and made
the entries in the 7X12 extracts.
52. It is claimed that what is published is a draft/proforma of
the notification under section 35(1) of the Act of 1927. That is
appended to the notice under section 35(3) of the Act of 1927
st
published in the Government Gazette of 21 June, 1961. Thus,
this is an issuance of notice under section 35(3), but that has not
been taken to its logical conclusion.
53. In response to this petition, an affidavit in reply has been
filed by the Assistant Conservator of Forest, Pune, who says that
Old Survey No. 247 admeasures 352 Acres and 31 Gunthas
(142.76 Hectares). It is renumbered as Gat No. 211. After
referring to the provisions of the Act of 1927 and 1975, it is
claimed that the Revenue Entry Nos. 5179 and 6575 are rightly
st
made. It is claimed that Notice No. 31/2723 dated 21 June, 1961
issued under section 35(3) of the Act of 1927 was issued and
served on the then original land owner Shri. Karbhari,
Chindhwad Devasthan, Chinchwad. This was also published in
th
the Official Gazette dated 16 November, 1961. Exhibit 'R-2' to
this affidavit is relied upon. We do not see how, when the then
owners nor anybody claiming through them ever sought an
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enquiry into the factual aspects, particularly in relation to the
Gazette notifications, that merely relying upon knowledge of the
Revenue entry derived in 2004, can we entertain this petition. We
have carefully perused Exhibit 'R-2' and it is evident that this was
a notice issued pursuant to section 35(3) of the Act of 1927 and a
th
notification dated 19 September, 1950 (notifying the rules). The
entire notification indicates as to how there is a description of the
lands, the boundaries, the village and it is stated that the notice
st
dated 21 June, 1961 was known to all concerned. The
communication, copy of which is at Exhibit 'R-4' from the Range
Forest Officer, Paud addressed to Tahsildar, Mulshi (Paud)
records the compliance with the Act of 1927 and the Act of 1975
and directs him to ensure that no non-forest activity should be
carried out on this reserved forest. To ensure that no such
activities are carried out, it is necessary to insert the entry in the
requisite 7X12 extracts denoting the lands as reserved forest. He
was to comply with this communication from the Forest
Department. Beyond that, we do not see how anything can be
read in this communication far from urging that for the first time
in May, 2010, the provisions of the law were sought to be applied,
relying on the alleged compliance with section 35(3) of the Act of
1927. That compliance has been already made and such
compliance is relied upon to take the further steps. Thus, making
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correction or inserting of a mutation entry later on, therefore,
confers no right in the petitioners herein.
54. In most of these cases, the same position would emerge and
though several counsel attempted to distinguish their matters
from the others, still, we do not find the facts and circumstances
to be any way different or distinct at all.
55. For example, in Writ Petition (ST) No. 30103 of 2016, the
lands involved are situated in Thane District and Vasai Taluka.
There, similar steps were taken, though the petitioners may
refute the same. There, the only argument was no notice under
section 35(1) of the Act of 1927 was issued. The pleadings in this
petition and the arguments would denote as to how only guarded
statements are made. There is no positive assertion. By picking
up some paragraphs from the judgment in the case of Godrej and
Boyce (supra), it is sought to be urged that the issuance of notice
under section 35(3) of the Act of 1927 is not admitted by the
petitioners. Then, they say that the notice has never been served
or any hearing was ever held. This pre-supposes that there was a
notice issued, but the petitioners do not wish to admit that it was
duly served. The State Government may not have filed any reply,
but reliance on such guarded statements would not be safe. It is
highly unsafe to rely upon such sketchy and incomplete materials.
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Firstly, an attempt is made to urge that no notice under section
35(3) of the Act of 1927 was issued. Secondly, the attempt is to
show that there is no record that such notice, even if issued, ever
served or thirdly, if served, any hearing taking place. Finally, it is
urged that all this has not culminated in the notification under
section 35(1) of the Act of 1927.
56. Similar is the position with regard to Writ Petition No. 31 of
2017.
57. In Writ Petition No. 10112 of 2016, it is claimed that the
important dates and events would denote that the notification
under section 35(1) under the Act of 1927 was not published.
Thus, what is published is a draft order. We are not sure as to
whether the petitioners can rely upon the ratio in the case of
Godrej and Boyce (supra) and raise such contentions. More so,
when these petitioners are aware that the State Government has
produced with its reply affidavit, a copy of the notice under
th
section 35(3) issued way back on 5 July, 1957 for Survey No. 67.
That notice was issued to the predecessor in title of the
petitioners. We have grave doubts as to whether the petitioner is
at all the successor in title of the original owner for the original
owner himself lost the right, title and interest in the land on the
appointed day as above. Therefore, the argument that no notice
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was served on him, now raised in a writ petition filed in 2016, is
without merit. The petitioners cannot urge that the notice was
never served.
58. Even if the lands are in urban agglomeration in Thane city
and used for non-agricultural purpose in 1973, what we find is
that Mutation Entry No. 1673 was made on the basis of an alleged
pending inquiry under the Act of 1975. It is such a land which is
acquired by the petitioners. We are, therefore, of the opinion that
at the instance of the present petitioners, no relief in the nature of
holding an inquiry now can be granted.
th
59. We have also perused the communication dated 6 July,
2015 of the Revenue and Forest Department of the Government of
Maharashtra signed by the Chief Conservator of Forest and
addressed to all the Divisional Commissioners and District
Collectors. It specifically invites the attention of these authorities
to the fact that there was no question of deleting the Revenue
entries (reserved forest) pertaining to lands other than those
covered by the judgment of the Hon'ble Supreme Court. Thus,
benefit of the Hon'ble Supreme Court judgment could have been
derived only by those 90 petitioners, who had already approached
the Hon'ble Supreme Court. They were aggrieved and dissatisfied
with the judgment and order rendered in their writ petition by
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the High Court of Bombay. There was no occasion, therefore, to
delete the entries in relation to other reserved forests. That is a
patently illegal act. It is in these circumstances that there is
nothing that the petitioners can claim to be unclear or ambiguous
so as to give them an impression that the judgment in the case of
Godrej and Boyce (supra) applies to them.
60. However, the allotment of Gut numbers or new Survey
numbers without anything more and by itself would not enable
them to challenge the steps that have been taken as far as back as
1957 and secondly, they cannot rely upon the allotment of gat
numbers or new survey numbers to claim that the area of the
land is less than 2 hectares and therefore, they are out of the
purview of the law. No dispute was ever raised by the petitioners'
predecessors, much less to the above effect. Similar is our
conclusion in relation to lack of mutation entries or insertion of
the same later on. Thus, the attempt in Writ Petition No. 6042 of
2010 and Writ Petition No. 4606 of 2016 is of no avail.
61. The written submissions tendered in Writ Petition No. 9763
of 2017 would denote that the mutation entries made in the year
2005 are sought to be challenged. The petitioners, beyond stating
that no notice under section 35(3) of the Act of 1927 was ever
issued on the petitioners or their predecessor in title and no
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notice under section 35(1) of the Act of 1927, are seeking to rely
on the judgment in the case of Godrej and Boyce (supra). If one
sees the fallacy in the understanding of law, then, this is a clear
illustration or example. The petitioners were nowhere on the
scene when the Act of 1927 was invoked or they were not on the
th
scene on the appointed day, namely, 30 August, 1975 when the
Act of 1975 came into force. Now, they are desperately urging
that the notification under section 35(1) of the Act of 1927 is
nowhere published and therefore, it must be presumed that no
notice under section 35(3) of the Act of 1927 was ever issued to
them. The question of issuing such notice to the petitioners does
not arise at all. However, these petitioners, realising their
mistake, then say that such notice under the Act of 1927 was
never issued to their predecessors in title, but if issued, was never
served. However, if both compliances are made, then, there is no
notification published under section 35(1) of the Act of 1927 and
a copy of such a notification was not produced.
62. Mr. V. A.Gangal would vehemently urge that his clients' case
cannot be equated with these matters. We would only consider
separately Writ Petition No. 6444, but as far as Writ Petition No.
389 of 2018 and Writ Petition No. 9368 of 2015 are concerned,
the only argument there is, the plot of land admeasuring less than
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2 hectares was excluded from the operation of the law. This case
is not different than the other writ petitions. Thus, in all the
petitions, the factual position is identical, except for the
description and location of the land. The fate of such petitions
cannot be different.
63. Then, in Writ Petition No. 12542 of 2015, Mr. Gangal would
submit that land bearing Survey No. 38(part), village Ambernath,
Taluka Ulhasnagar, District Thane is a land, for which an
th
application was made for sanction of layout on 15 March, 1974
th
and there was recommendation made by Collector's office on 4
May, 1974. The final order was passed allowing conversion of the
use from agricultural to non-agricultural. The layout was
approved and immediately thereafter, plots were sold to various
persons. The area is now known as Shivganga Nagar. The area
was originally 21 hectares and 31 ares. There is a plot of 15812
square meters conveyed to MHADA under the Urban Land Ceiling
Regulations. On the remaining plots, there are more than 100
constructions, which have come out from 1974-1975. There is a
huge overhead water tank and situated at the centre of Shivganga
Nagar. Thousands of people occupy the said constructions. The
petitioners had filed an application to get zone certificate in
respect of the above land with the Bombay Metropolitan Regional
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Development Authority. In response to the said application, vide
st
letter dated 31 January, 2002, the said authority informed the
petitioners that the said land is falling under the zone of
education, medical, recreational, roads and residential zone.
64. We do not see how then the petitioners say that a notice
th
under section 35(3) of the Act of 1927 was issued on 27 April,
1957, but was not served on the owners. Pertinently, the
petitioners rely upon a registered deed of conveyance executed by
original owners transferring the land in favour one Dr.Kishor
Chand Dunichand Arora and Shri. Tekchand Dunichand Arora.
This is reflected by Mutation Entry No.338 in village Ambernath.
The dispute is confined to part of the land admeasuring 43 acres
and 28 gunthas. It is claimed that there were suo moto
proceedings, where, an order was passed under section 22A of the
Act of 1975 by the Deputy Collector (Private Forests), Thane and
he held that area admeasuring 17 Hectares, 45 Ares plus 3
hectares and 86.88 ares vested in the State of Maharashtra by
virtue of section 35(3) of the Act of 1927. These are stated to be
suo moto proceedings.
65. We would like, in the facts and circumstances of the present
case, the authorities to verify the position and from the records,
so that the correctness of the petitioners' assertions can be
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judged. Without expressing any opinion on the rival contentions,
we direct the authorities, particularly the Collector, District
Thane to examine the case as set up by the petitioners and pass
the requisite orders after hearing them. However, this is an
exceptional and unique case.
66. Then, in remaining writ petitions, same contentions have
been raised and reliance is placed upon a circular of the
th
Government of Maharashtra dated 14 July, 2005. It is claimed
that in relation to such matters, an order has been passed so that
the verification becomes possible. The respondents have clarified
in each of these matters that none of the cases reflect the position
on par with that of M/s. Godrej and Boyce (supra). Thus, there
has been a compliance made in the cases, which we have referred
and of both laws. In this, the State's stand is, if the petitioners are
at all aggrieved, they have remedy available under section 6 of
the Act of 1975 and some of the petitioners have already filed
proceedings before the Collector, which are pending. Therefore,
the Government has not said that it would not be ready and
willing to verify the position in these cases. However, it cannot
extend a blanket protection for in that garb, several of the non-
forest activities, which are ex-facie illegal so also unauthorisedly
carried out would be continued. The vague and bald assertions
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that are made by the petitioners are not based on the petitioners'
personal knowledge for none of them have stated that they ever
made enquiries with the original owners nor, before filing these
petitions, they have obtained any information from the original
owners, which would denote that the original owners had not
received any notices under section 35(3) of the Act of 1927. None
of the petitioners have bothered to verify the factual position from
the Revenue officials or the officials of the Forest Department,
much less those at site, by seeking details and information. The
crucial details and the vital information would be as to whether
there is any record of title of the land, which is now styled as
reserved forest, who was the owner or holder when the Act of
1927 was applied and invoked. Whether that owner/title holder
was issued any notice under the Act of 1927 and was it served on
him and finally, what steps in furtherance thereof have been
taken. Once no affidavit of the original owner or positive
assertion based on the information or details as above is to be
found in the pleadings of the petitioners, then, it would be highly
unsafe to rely on their assertions.
67. Even in the written submissions tendered by Mr.Vagyani-
Government Pleader, with reference to several writ petitions,
specific details are set out. These details are based on
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Government records and official documents. It is in these
circumstances that we do not find any merit in the contentions of
the petitioners.
68. In Writ Petition No. 11382 of 2016, the assertion is that
notice under section 35(3) of the Act of 1927 was never issued. It
is stated that linking of the petitioners' land in Gat No. 46,
admeasuring 66 Ares purchased by the petitioners' grandfather
th
on 18 April, 1964 and inherited by the petitioners and Gat No. 2
Old Survey No. 1/1A admeasuring 6 Hector 81.4 Ares in Pune
District is sought to be linked with another gat number, which is
declared as forest. It is claimed that the petitioners' lands are
also forest. It is claimed that by linkage, the petitioners' lands
could not have been treated as forest. It is evident that the
petitioners' lands are treated as forest not by a direct process, but
by an indirect or oblique one.
69. In relation to the above, we find that the petitioners in such
petitions are relying upon allotment of Gat numbers to these
lands. This allotment of gat or new numbers would not mean that
when these lands were taken to be part and parcel of old survey
number and divided into hissas or sub-parts, they were not taken
as a single piece of land. The procedure to allot gat numbers was
under a distinct law. The dissatisfaction of the petitioners can be
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understood for when they sought to acquire these lands, they
knew that they had already assumed the character of reserved
forest. They knew that there was lack of mutation entry in
relation thereto in the 7X12 extracts of the concerned village.
Pertinently, in Writ Petition No. 11382 of 2016, it is stated by the
respondents that once the reserved forests have to be managed
and maintained by the Government, then, naturally the
expectation was all land revenue records would be mutated
accordingly. That is how the character of these lands should be
indicated with reference to the appointed day in the revenue
records. It is claimed that land admeasuring 6.81 hectares and
0.66 Are in Gat Nos. 2 and 46 of village Pangaloli, Taluka Maval,
District Pune was acquired by applying the Act of 1975 and that is
in accordance with law. It is claimed that the said lands were
forests as defined in section 2(c-i)(iii) of the Act of 1975 as they
were linked to Survey No. 52. The said survey number came to be
th
declared as reserved forest by issuing a notification dated 29
December, 1921. Annexure 'R-1' to the affidavit in reply is a copy
of this notification. A careful perusal of Annexure 'R-1' at page
124 of the paper book reads as under:-
“THE BOMBAY GOVERNMENT GAZETTE, DEC. 29, 1921
==========================================================
No. S.-35/13/8133.-In exercise of the powers conferred
by section 19 of the Indian Forest Act, No. VII of 1878,
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Government of Bombay (Transferred Departments) are
pleased, with reference to Government Notification No. A-
th
Misc.-236, dated 10 February 1921, published at pages 426
and 427 of Part I of the Bombay Government Gazette, dated
th
17 February 1921, to declare the land in the Mawal Taluka of
the Poona District specified in the Schedule hereto annexed to
st
be Reserved Forests, with effect from 1 March, 1922.”
70. Below this portion appears a Schedule, in which, village
Pangloli's name finds place with survey numbers and area. It is
stated that there was no demarcation of this forest area and that
is why it will not be possible to ascertain its exact extent. There is
th
a communication dated 30 August, 1976 of the Divisional Forest
Officer, Pune Division, Pune. A list of the villages is annexed
therewith and it is asserted in the affidavit that Mutation Entry
Nos. 91 and 139 are valid. The land from Old Survey No. 64 is
included in 1976 list of acquired private forests of Pune Forest
Division, Pune for further action. Then, there is even a
panchanama annexed. Pertinently, we find that the land is in
village Pangloli, which is Maval Taluka of Pune District and when
the Act of 1975 was applied and thereafter the attention of the
Collector, Pune was invited to the list of villages and survey
numbers acquired under the Act of 1975. The other survey
numbers of this village Pangloli, which is admittedly in Taluka
Maval are, therefore, mentioned at page 128 of the paper book
against the name of village Pangloli at serial number 60. In these
circumstances to urge that all these Government records are false
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would be too bold for the petitioners do not dispute the Bombay
th
Government Gazette and the notification of 29 December, 1921.
They also do not dispute the issuance of the communication from
the Pune Forest Division. Still, they maintain that their lands are
not forests/reserved forests and they are falsely linked to a
reserved forest Survey No. 52. As held above, we would like the
petitioners to approach the authorities in the event they are
entertaining a doubt with regard to the status of their lands. This
is despite the fact that in para 7 of the rejoinder at running pages
137-138, the petitioners admit that there is a communication
from the Divisional Forest Officer, Pune to the Collector, District
Pune, but that by itself will not make their lands private forests
and subject to or covered by the Act of 1975 is the assertion.
They are also relying upon the crop cultivation column of the
7X12 extract of the petitioners' lands and claim that the entries
therein are crop was cultivated in the land. Hence, these are
agricultural lands. There is dispute with regard to Mutation
Entry Nos. 91 and 139 and for which we have given them liberty
to approach the Collector.
71. Before coming to the other petitions, we must note that in
the lead arguments canvassed by Dr. Sathe and Mr. Chagla and
other counsel, the emphasis is that all these matters are on par
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with that of Godrej and Boyce (supra). Godrej and Boyce was a
case raising a principal question and whether mere issuance of a
notice under the provisions of section 35(3) of the Act of 1927 is
sufficient for any land being declared as a private forest within
the meaning of that expression as defined in section 2(f)(iii) of
the Act of 1975. The batch of 20 appeals before the Hon'ble
Supreme Court were argued on the basis of the facts in the Godrej
and Boyce' case. The facts in Godrej and Boyce' case were that
Godrej acquired land in Vikhroli, Mumbai by a registered deed of
th
conveyance dated 30 July, 1948 from the successor-in-interest
of Framjee Cawasjee Banaji, who, in turn, had been given a
th
perpetual lease of the land by the Government of Bombay on 7
July, 1835. The land was described in the perpetual lease as
“wasteland” and one of the purposes of the lease was to cultivate
the wasteland. The appeals before the Hon'ble Supreme Court
concern an area of 133 acres and 38 gunthas of land bearing Old
Survey Nos. 117, 118 and 120.
72. Then, there was an Act passed, abolishing these estates.
After referring to the salient features of this Act, it was stated
that Godrej did not accept that the lease was brought to an end by
the provisions of this Act and decided to contest the stand of the
State Government. It filed a suit in this court for declaration of its
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ownership and that the Abolition Act had no application to the
lands in question. Though the suit was contested by the State
Government, later on, there was a consent decree. Consequently,
the Development Plan for City of Bombay, including Vikhroli, was
th
published on 7 January, 1967 and the next development plan
was published in 1991. In both the plans, the disputed land was
described as residential. Thereafter, Godrej applied for and
sought development permissions. Later on, the Urban Land
(Ceiling and Regulation) Act, 1976 intervened, but M/s. Godrej
earned an exemption from the State Government so that the
provisions of this Act do not apply to the lands and they were
exempted accordingly. After this order of exemption was passed,
Godrej applied for and was granted permission by the Municipal
Corporation of Greater Mumbai to construct multi-storeyed
buildings and it constructed 40 residential (ground + 4 and
ground + 7) buildings, one club house and five electric
substations. Over a couple of thousand families occupy these
buildings. Further construction was also made for a management
institute and other residential buildings.
73. That is how it was aggrieved by a notice bearing no. WT/53
issued to Godrej under section 35(3) of the Act of 1927 and which
th
was published in the Bombay Government Gazette of 6
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September, 1956. Godrej contested that and even when they had
filed the earlier suit and the consent decree was passed therein on
th
8 January, 1962, issuance of such a notice was never made
known to them. It was stated that it searched the details of this
notice in the Department of Archives. The notice, as published in
the Official Gazette, bore no date and according to Godrej, it was
not served upon it. It was never acted upon. The subsequent
events raised doubt whether the notice was issued or served on
Godrej.
74. It is in such a factual scenario that the attention of the
Hon'ble Supreme Court was invited to the provisions of the Act of
1927, the Act of 1975, the affidavits and the assertions placed
therein and the judgment of a five-Judge Bench of this court in
the case of J. C. Waghmare (supra). After referring to all these
materials, the Hon'ble Supreme Court came to the conclusion that
its earlier judgment in the case of Chintamani Gajanan Velkar
(supra) is no longer a good law.
75. Dr. Sathe has brought to our notice certain paragraphs of
this judgment and which, according to him, lay down the absolute
principle that so long as a land is a forest within the meaning of
section 2(c)(i) of the Act of 1975, the later provisions and
particularly the definition of the term “private forest” would not
come into play. In other words, a land has to be a forest and only
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private forests, which are not the property of the Government,
vest in the State by virtue of the Act of 1975. Once the lands are
not forest lands at all, then, the Act of 1975 could not be invoked
and that is the principle laid down in Godrej's case. We are sorry
to say and with greatest respect, that Godrej does not lay down
such a principle. In the facts and circumstances of the Godrej's
case, the issue raised was as to whether the lands of Godrej could
be termed as forest at all. In other words, they were not forest
lands. That is how the Act of 1975 could not have been applied
and invoked. This was all in the context of the challenge to the
mutation entry in relation to the Godrej's land, made by the State
Government and particularly the Revenue Department officials.
They entered the name of the Maharashtra Government on the
basis that the lands are private forests. For that, they relied upon
the notices issued from 1956-57 up to 1975 and argued that these
are pipeline notices and once there is a proof of issuance thereof,
it is immaterial whether there is proof or otherwise of a service of
the notices issued under section 35(3) of the Act of 1927. It is in
that context that M/s. Godrej's arguments were accepted.
76. The relevant paragraphs of the judgment in the case of
Godrej and Boyce (supra) heavily relied upon by Dr. Sathe are as
under:-
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“43. The initial question is whether the disputed land is at all
a forest within the meaning of Section 2(c-i) of the Private
Forests Act.
44. It is quite clear from a reading of Waghmare that the
“means and includes” definition of forest in Section 2(c-i) of
the Private Forests Act does not detract or take away from
the primary meaning of the word ‘forest’. We are in
agreement with this view.
45. In Jagir Singh v. State of Bihar the interpretation of the
word “owner” in Section 2(d) of the Bihar Taxation on
Passengers and Goods (Carried by Public Service Motor
Vehicles) Act, 1961 came up for consideration. While
interpreting “owner” which ‘means’ and ‘includes’, this Court
held:
“The definition of the term “owner” is exhaustive
and intended to extend the meaning of the term by
including within its sweep bailee of a public carrier
vehicle or any manager acting on behalf of the
owner. The intention of the legislature to extend the
meaning of the term by the definition given by it will
be frustrated if what is intended to be inclusive is
interpreted to exclude the actual owner.”
46. The proposition was more clearly articulated in Black
Diamond Beverages v. Commercial Tax Officer wherein this
Court considered the use of the words ‘means’ and ‘includes’
in the definition of “sale price” in Section 2(d) of the W.B.
Sales Tax Act, 1954. It was held in paragraph 7 of the Report:
“The first part of the definition defines the meaning
of the word “sale price” and must, in our view, be
given its ordinary, popular or natural meaning. The
interpretation thereof is in no way controlled or
affected by the second part which “includes” certain
other things in the definition. This is a well-settled
principle of construction.”
47. In coming to this conclusion, this Court referred to a
passage from Craies on Statute Law[20] which in turn
referred to the following passage from Robinson v. Barton-
Eccles Local Board:
“An interpretation clause of this kind is not meant to
prevent the word receiving its ordinary, popular,
and natural sense whenever that would be properly
applicable, but to enable the word as used in the Act
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… to be applied to something to which it would not
ordinarily be applicable.”
48. In the case of Godrej, the admitted position, as per the
consent decree dated 8th January 1962 is that the disputed
land was not a waste land nor was it a forest. In so far as the
other appeals are concerned, the disputed lands were built
upon, from time to time, either for industrial purposes or for
commercial purposes or for residential purposes. Under the
circumstances, by no stretch of imagination can it be said that
any of these disputed lands are ‘forest’ within the primary
meaning of that word, or even within the extended meaning
given in Section 2(c-i) of the Private Forests Act.
49. The next question is whether the notice said to have
been issued to Godrej being Notice No. WT/53 can be described
as a ‘pipeline notice’. Again, the answer must be in the
negative in as much as it cannot be reasonably said that the
pipeline extends from 1956-57 up to 1975. Assuming that a
notice issued in 1956-57 is a pipeline notice even in 1975, the
question before us would, nevertheless, relate to the meaning
and impact of “issued” of Section 2(f)(iii) of the Private
Forests Act read with Section 35 of the Forest Act. This is
really the meat of the matter.
50. Undoubtedly, the first rule of interpretation is that the
words in a statute must be interpreted literally. But at the
same time if the context in which a word is used and the
provisions of a statute inexorably suggest a subtext other
than literal, then the context becomes important.
…..
54. Applying the law laid down by this Court on
interpretation, in the context of these appeals, we may be
missing the wood for the trees if a literal meaning is given to
the word “issued”. To avoid this, it is necessary to also
appreciate the scheme of Section 35 of the Forest Act since
that scheme needs to be kept in mind while considering
“issued” in Section 2(f)(iii) of the Private Forests Act.
55. A notice under Section 35(3) of the Forest Act is
intended to give an opportunity to the owner of a forest to
show cause why, inter alia, a regulatory or a prohibitory
measure be not made in respect of that forest. It is important
to note that such a notice pre-supposes the existence of a
forest. The owner of the forest is expected to file objections
within a reasonable time as specified in the notice and is also
given an opportunity to lead evidence in support of the
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objections. After these basic requirements are met, the owner
of the forest is entitled to a hearing on the objections. This
entire procedure obviously cannot be followed by the State
and the owner of the forest unless the owner is served with
the notice. Therefore, service of a notice issued under Section
35(3) of the Forest Act is inherent in the very language used
in the provision and the very purpose of the provision.
56. Additionally, Section 35(3) of the Forest Act provides
that a notice under Section 35(3) of the Forest Act may
provide that for a period not exceeding six months (extended
to one year in 1961) the owner of the forest can be obliged to
adhere to one or more of the regulatory or prohibitory
measures mentioned in Section 35(1) of the Forest Act. On
the failure of the owner of the forest to abide by the said
measures, he/she is liable to imprisonment for a term upto six
months and/or a fine under Section 35(7) of the Forest Act.
Surely, given the penal consequence of non-adherence to a
Section 35(4) direction in a Section 35(3) notice, service of
such a notice must be interpreted to be mandatory. On the
facts of the case in Godrej, such a direction was in fact given
and Godrej was directed, for a period of six months, to refrain
from the cutting and removal of trees and timber and the
firing and clearing of vegetation. Strictly speaking, therefore,
despite not being served with Notice No. WT/53 and despite
having no knowledge of it, Godrej was liable to be punished
under Section 35(7) of the Forest Act if it cut or removed any
tree or timber or fired or cleared any vegetation.
57. This interplay may be looked at from another point of
view, namely, the need to issue a direction under Section
35(4) of the Forest Act, which can be only to prevent damage
to or destruction of a forest. If the notice under Section 35(3)
of the Forest Act is not served on the owner of the forest,
he/she may continue to damage the forest defeating the very
purpose of the Forest Act. Such an interpretation cannot be
given to Section 35 of the Forest Act nor can a limited
interpretation be given to the word “issued” used in the
context of Section 35 of the Forest Act in Section 2(f)(iii) of
the Private Forests Act.
58. Finally, Section 35(5) of the Forest Act mandates not
only service of a notice issued under that provision “in the
manner provided in the Code of Civil Procedure, 1908, for the
service of summons” (a manner that we are all familiar with)
but also its publication “in the manner prescribed by rules”.
This double pronged receipt and confirmation of knowledge of
the show cause notice by the owner of a forest makes it clear
that Section 35(3) of the Forest Act is not intended to end the
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process with the mere issuance of a notice but it also requires
service of a notice on the owner of the forest. The need for
ensuring service is clearly to protect the interests of the
owner of the forest who may have valid reasons not only to
object to the issuance of regulatory or prohibitory directions,
but to also enable him/her to raise a jurisdictional issue that
the land in question is actually not a forest. The need for
ensuring service is also to prevent damage to or destruction
of a forest.
…..
61. It is true, as observed above, that a word has to be
construed in the context in which it is used in a statute. By
making a reference in Section 2(f)(iii) of the Private Forests
Act to ‘issue’ in Section 35 of the Forest Act, it is clear that the
word is dressed in borrowed robes. Once that is appreciated
(and it was unfortunately overlooked in Chintamani) then it
is quite clear that ‘issued’ in Section 2(f)(iii) of the Private
Forests Act must include service of the show cause notice as
postulated in Section 35 of the Forest Act.
62. We have no option, under these circumstances, but to
hold that to this extent, Chintamani was incorrectly decided
and it is overruled to this extent. We may add that in
Chintamani the land in question was factually held to be a
private forest and therefore the subsequent discussion was
not at all necessary.
63. Assuming that the word ‘issued’ as occurring in Section
2(f)(iii) of the Private Forests Act must be literally and
strictly construed, can it be seriously argued that it also has
reference to a show cause notice issued under Section 35(3)
of the Forest Act at any given time (say in 1927 or in 1957)?
Or would it be more reasonable to hold that it has reference to
a show cause notice issued in somewhat closer proximity to
the coming into force of the Private Forests Act, or a ‘pipeline
notice’ as Mr. Nariman puts it?
64. In the absence of any time period having been specified
for deciding a show cause notice issued under Section 35 of
the Forest Act, it must be presumed that it must be decided
within a reasonable time. Quite recently, in Ramlila Maidan
Incident, In re[29] it was held:
“229. ….. It is a settled rule of law that wherever
provision of a statute does not provide for a specific
time, the same has to be done within a reasonable
time. Again reasonable time cannot have a fixed
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connotation. It must depend upon the facts and
circumstances of a given case.”
65. Similarly, in Mansaram v. S.P. Pathak it was held:
“But when the power is conferred to effectuate a
purpose, it has to be exercised in a reasonable
manner. Exercise of power in a reasonable manner
inheres the concept of its exercise within a
reasonable time.”
66. So also, in Santoshkumar Shivgonda Patil v. Balasaheb
Tukaram Shevale it was held:
“It seems to be fairly settled that if a statute does not
prescribe the time-limit for exercise of revisional
power, it does not mean that such power can be
exercised at any time; rather it should be exercised
within a reasonable time. It is so because the law
does not expect a settled thing to be unsettled after
a long lapse of time. Where the legislature does not
provide for any length of time within which the
power of revision is to be exercised by the authority,
suo motu or otherwise, it is plain that exercise of
such power within reasonable time is inherent
therein.”
67. According to the State, a show cause notice was issued
to Godrej in 1957 (and assuming it was served) but no
decision was taken thereon till 1975 that is for about 18
years. This is an unusually long period and undoubtedly
much more than a reasonable time had elapsed for enabling
the State to take a decision on the show cause notice.
Therefore, following the law laid down by this Court, the show
cause notice must, for all intents and purposes be treated as
having become a dead letter and the seed planted by the State
yielded nothing.
68. The entire problem may also be looked at from the
perspective of the citizen rather than only from the
perspective of the State. No citizen can reasonably be told
after almost half a century that he/she was issued a show
cause notice (which was probably not served) and based on
the show cause notice his/her land was declared a private
forest about three decades ago and that it vests in the State. Is
it not the responsibility of the State to ensure that its laws are
implemented with reasonable dispatch and is it not the duty
of the State to appreciate that statute books are not meant to
be thrown at a citizen whenever and wherever some official
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decides to do so? Basic principles of good governance must be
followed by every member of the Executive branch of the
State at all times keeping the interests of all citizens in mind
as also the larger public interest.
69. In our opinion, the failure of the State to take any
decision on the show cause notice for several decades
(assuming it was served on Godrej) is indicative of its desire
to not act on it. This opinion is fortified by a series of events
that have taken place between 1957 and 2006, beginning with
the consent decree of 8th January 1962 in Suit No. 413 of
1953 whereby the disputed land was recognized as not being
forest land; permission to construct a large number of
buildings (both residential and otherwise) as per the
Development Plans of 1967 and then of 1991; exemptions
granted by the Competent Authority under the Urban Land
(Ceiling and Regulation) Act, 1976 leading to Godrej making
unhindered but permissible constructions; and finally, the
absence of any attempt by the State to take possession of the
‘forest land’ under Section 5 of the Private Forests Act for a
couple of decades. The subsequent event of the State moving
an application in Godavarman virtually denying the existence
of a private forest on the disputed land also indicates that the
State had come to terms with reality and was grudgingly
prepared to accept that, even if the law permitted, it was now
too late to remedy the situation. This view was emphatically
reiterated by the Central Empowered Committee in its report
dated 13th July 2009.
…..
71. It is difficult at this distant point of time to conclude,
one way or the other, whether there was or was not any
collusion (as alleged) or whether it was simply a case of poor
governance by the State. The fact remains that possession of
the disputed land was not taken over or attempted to be taken
over for decades and the issue was never raised when it
should have been. To raise it now after a lapse of so many
decades is unfair to Godrej, the other appellants, the
institutions, the State and the residents of the tenements that
have been constructed in the meanwhile.
72. Given this factual scenario, we agree that Section 2(f)
(iii) of the Private Forests Act is not intended to apply to
notices that had passed their shelf-life and that only ‘pipeline
notices’ issued in reasonably close proximity to the coming
into force of the Private Forests Act were ‘live’ and could be
acted upon.
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73. In Hindustan Petroleum Corpn. Ltd. v. Darius Shapur
Chenai this Court dealt with the provisions of the Land
Acquisition Act and held that the legislation being an
expropriatory legislation, it ought to be strictly construed
since it deprives a person of his/her land. In this decision,
reliance was placed on State of M.P. v. Vishnu Prasad Sharma
and Khub Chand v. State of Rajasthan . The same rationale
would apply to Section 2(f)(iii) of the Private Forests Act
since it seeks to take away, after a few decades, private land
on the ostensible ground that it is a private forest. Section
2(f)(iii) of the Private Forests Act must not only be
reasonably construed but also strictly so as not to discomfit a
citizen and expropriate his/her property.
74. The fact that the Private Forests Act repealed some
sections of the Forest Act, particularly Sections 34A and 35
thereof is also significant. Section 2(f)(iii) of the Private
Forests Act is in a sense a saving clause for pipeline notices
issued under Section 35(3) of the Forest Act but which could
not, for want of adequate time be either withdrawn or
culminate in the issuance of a regulatory or prohibitory final
notification under Section 35(1) of the Forest Act, depending
on the objections raised by the land owner. Looked at from
any point of view, it does seem clear that Section 2(f)(iii) of
the Private Forests Act was intended to apply to ‘live’ and not
stale notices issued under Section 35(3) of the Forest Act.”
77. These paragraphs are also relied upon by Mr. Chagla and
Mr. Seervai as well.
78. These observations are in the context of the primary and
principal question framed by the Hon'ble Supreme Court itself.
Secondly, all these observations cannot be read, torn from the
context and the factual background. M/s. Godrej continued to be
owners of the lands, which the State identified and termed as
private forests. The Hon'ble Supreme Court found from the
record in M/s. Godrej's case that it had derived title to these lands
as a successor of the said Banaji. Banaji claimed these lands
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under a lease from the Government of Bombay dating back to
1835. In relation to such lands, which were acquired by
M/s.Godrej, their identification being of salsette lands, a contest
was raised when that salsette estate came to be abolished by the
act of Legislature. M/s. Godrej brought a suit and said that their
estate cannot be brought within the purview of the Salsette
Abolition Act of 1951. Godrej claimed declaration of title in its
favour in the suit and urged that the Abolition Act will not take
within its purview their lands. The State admitted this position
by withdrawing its opposition or contrary stand and that is how
consent terms were drawn between the parties, namely M/s.
Godrej and Boyce and the State of Maharashtra. A consent
decree was passed in pursuance of those agreed terms. Thus, way
back in 1962 and much before the Act of 1975, the State
Government gave up the contest and agreed and admitted that
the owners of the land were M/s. Godrej. If it had done so in 1962,
the State could not have relied upon a notice purportedly issued
under section 35(3) of the Act of 1927 and claimed that these
very lands are private forests and vests in the State Government
by virtue of the Act of 1975. It is that part of the undisputed
factual scenario, which enabled M/s. Godrej to argue that they are
not in receipt of any notice under section 35(3) of the Act of 1927
and the State Government's records, in fact, do not proclaim that
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the notice was issued at all. Even if it was taken to be issued, it
was never served and M/s.Godrej went as far as filing affidavit of
one of its employee, who was in its service even in 1956-57. It is
in these circumstances that all above observations are made and
if one has to take them as a principle of law applicable to every
case of the nature brought before us, it would mean total
destruction of greens and forest cover in the State. It is not and
cannot be the pronouncement of the highest court in the country
that despite no resistance to the proceedings from the owners or
their successors in title, challenge to a mutation entry made by
the State Government and of the present nature can be raised in
the year 2014, 2015, 2016 and 2017. These are thus a belated
challenge to the concluded acts of the State Government. The
Hon'ble Supreme Court has been careful in holding that given the
factual scenario, it agrees with the contention of M/s. Godrej that
section 2(f)(iii) of the Act of 1975 is not intended to apply to the
notices that have passed their shelf life. The issue of stale notices
was thus an observation and conclusion to fortify the Hon'ble
Supreme Court's interpretation of the legal provisions in question.
It is that interpretation, which enabled the Hon'ble Supreme
Court to overrule its earlier view in the case of Chintamani
Gajanan Velkar (supra). It is to strengthen and fortify that
conclusion and overruling of Chintamani Gajanan Velkar judgmnt
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(supra) that the Hon'ble Supreme Court made all these
observations and heavily relied upon. No assistance or support
can be derived from these observations by the petitioners before
us. They have, in their pleadings, made no positive assertions and
of the nature made by M/s. Godrej and Boyce. Each of these
petitioners have made guarded and, at times, vague statements
about the issuance and service of the notices. True it is that the
notices have not only to be issued, but served and proof of both,
their service and receipt has to be produced. However, it cannot
be forgotten that the records on which the State asserts that the
erstwhile owners have accepted the Government's action cannot
be ignored and brushed aside at the instance of parties like the
petitioners. The parties like the petitioners were nowhere on the
scene and as clarified above, from the date of issuance of the
th
notices till the appointed day, namely, 30 August, 1975. The
notices have been issued in 1961 in most of the cases. The notices
have been also served is the clear assertion of the State
Government, based on official documents or contemporaneous
record such as communications from the District Collectorate to
the Revenue and Forest Department and particularly the
communications from the Chief Conservator of Forest. There is a
village-wise data arranged and with specific survey numbers.
This data reveals that the lands situate and located in the
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concerned villages were already identified as private forests. It is
only the consequential steps or measures, namely, to mutate or
enter the name of the State Government/Forest Department or an
entry relating to forest remained to be carried out. That be done
expeditiously is the direction from one statutory authority to its
subordinate so that these lands are not claimed by those who are
out to exploit their commercial potential. These are huge tracts
of land. The villages near Pune have become accessible because of
development of roads and other infrastructure. Naturally, there
is temptation to develop these lands by constructing high rise
buildings and sell the units or flats therein and therefore,
unscrupulous parties have prepared documents such as power of
attorney or agreement for sale or conveyance deeds showing the
names not of erstwhile owners, but of those who claim that the
erstwhile owners transferred these lands to them and which, in
turn, are made over to the petitioners before us. Pertinently,
these claimants or persons rely on documents drawn up much
after the date of vesting of these lands as private forests in the
State Government. Hence, the State Government says and rightly
so that all of them had lost their right, title and interest in the
lands on the appointed day. Now, a consequential ministerial or
administrative act being allegedly not performed earlier, then,
after it is performed, it is not open for the petitioners to claim
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these lands, much less develop them. Once their status is of a
private forest vesting in the State Government, then, none of the
petitioners could have ever claimed these lands. Their claim
being founded on suspicious and doubtful assertions, that cannot
be accepted is the stand of the State Government and we have no
hesitation in accepting it.
79. Mere reliance upon the judgment in the case of Godrej and
Boyce (supra) will not enable each of these petitioners to reopen
the concluded proceedings or nullify the effect of vesting of these
private forests in the State Government. A mutation entry in its
favour is not the only basis on which the State is asserting that
these are private forests. Rather, its argument is that the
mutation entry was carried out belatedly and on account of
inaction of the Revenue officials., who were from time to time
pulled up by their higher officials and the State Government's
Forest Department. That act was not performed for decades
together, but came to be performed in the year 2002 does not
mean that the State's assertion about its title is based on only
these revenue entries. The assertion is based on public
documents and official records, which long precede the
consequential revenue entries. It is well settled that a mutation
entry or a revenue entry is not a document of title, much less a
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conclusive proof thereof. It is the prior or preceding declaration
of its title, which would enable the State Government to enter the
remark "private forest" in the revenue records in relation to these
lands. That valid declaration of State's title is apparent from the
official records, presumption of validity, authenticity and legality
is not rebutted by most of the petitioners before us. That is
apparent from a reading of the memo of the petitions and the
unclear, vague and ambiguous pleas therein. Once the petitioners
could not and do not question the preceding lawful acts of the
State Government, then, they have no right to challenge the
revenue entries. If they are allowed to challenge them belatedly
and that too on the basis of some general averments, then, we
would be defeating an equally binding order of this court in a PIL.
In PIL No. 17 of 2002, an order was passed by this court after
th
hearing both sides on 25 October, 2004 in the following terms:-
“1. Application for intervention is allowed.
2. The petitioner has filed this petition in which it is
prayed that the work of rectification and/or updating of the
land records be commenced in the State of Maharashtra and,
specifically, the Record of Rights, in respect of all lands under
private forests so as to reflect the acquisition and vesting of
such lands in the State Government and completed
expeditiously. From the previous orders it is abundantly
clear that some directions have been given by the Court and
despite the Court's directions, the process of rectification and
updating of the land records has not been completed. We
direct the concerned Secretary of the State of Maharashtra to
file a comprehensive affidavit dealing with updating of the
land records in the State of Maharashtra. Looking to the
gravity of the matter, we deem it appropriate to request the
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Advocate General for the State to appear in this matter.
Notice be sent to the Advocate General requesting him to
th
appear on 8 September, 2004.
th
List this matter on 8 September, 2004.”
80. Pursuant to this order, the Government of Maharashtra
th
issued a comprehensive circular on 16 December, 2004, which
reads as under:-
“Violation of Section 2 of the Forest
(Conservation) Act, 1980, following
the order passed by Collectors under
Section 6 & 22A of Maharashtra
Private Forests (Acquisition) Act,
1975, and approval from
Government of India prior to issue of
such order, by Collectors.
GOVERNMENT OF INDIA
Circular No. FLD/1000/CR 243/F-3,
Revenue & Forests Department,
Mantralaya, Mumbai-400 032.
th
Dated the 16 December 2004
CIRCULAR
Attention of all Collectors is invited to the Government
of Maharashtra's Letter No. FLD/1000/CR 243/F-3 dated 29-
8-2000 and Letter No. S-30/2001/CR-180/F-3 dated 1-11-2001
circulated earlier on the subject above. It has been found that
in spite of all these communications, the Collectors/Deputy
Collectors have been issuing certificates under Sections 6 and
22A under the provisions of Maharashtra Private Forests
(Acquisition Act, 1975.
2. It is emphasised for the information of all concerned
that the Forest (Conservation) Act, 1980, Section 2 provides
that -
Notwithstanding anything contained in any other law
for the time being in force in a State, no State
Government or other authority shall make, except with
the prior approval of the Central Government, any
order directing -
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(i) that any reserved forest (within the meaning of
the expression “reserved forest” in any law for the time
being in force in that State) or any portion thereof, shall
cease to be reserved;
(ii) that any forest land or any portion thereof may
be used for any non-forest purpose;
(iii) that any forest land or any portion thereof may
be assigned by way of lease or otherwise to any private
person or to any authority, corporation, agency or any
other organisation not owned, managed or controlled by
Government;
(iv) that any forest land or any portion thrre of may
be cleared of trees which have grown naturally in that
land or portion, for the purpose of using it for
reafforestation.
This being the Act of parliament, its provisions would
override the provisions of Maharashtra Private Forests
(Acquisition) Act, 1975. In view of this, it is clarified that no
certificate should be issued under Section 6 of 22A of
Maharashtra Private Forests (Acquisition) Act, 1975 unless
approval from the Government of India is obtained under
section 2 of Forest (Conservation) Act, 1980. This provision
should be followed scrupulously. Violation, if any, in future
should be dealt with strictly by initiating the departmental
action against the concerned officer.
3. The Hon'ble Supreme Court in its judgment on 12-12-
1996 in the Writ Petition No. 202/95 & 171/96 T. N.
Godavarman versus Union of India and others has removed
all the ambiguity regarding the Section 2 of Forest
(Conservation) Act, 1980. The Hon'ble Supreme Court made
it clear that -
The Forest (Conservation) Act, 1980, was enacted with
a view to check further deforestation which ultimately
results in ecological imbalance; and, therefore, the
provisions made therein for the conservation of forests
and for matters connected therewith, must apply to all
forests irrespective of the nature of ownership or
classification thereof. The word “forest” must be
understood according to its dictionary meaning. This
description covers all statutorily recognised forests,
whether designated as reserved, protected or otherwise
for the purpose of …..
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4. Hon'ble High Court of Bombay in its order on 10-10-
2001 in Writ Petition No. 2801/2001 has ordered that the
Collector of the districts are directed not to issue any
certificate under Section 6 of Maharashtra Private Forests
(Acquisition) Act, 1975, without obtaining prior approval
from Government of India under Section 2 of Forest
(Conservation) Act, 1980. They shall also initiate
proceedings for the recall/cancellation of all such certificates
that they may have been issued in breach of Section 2 of the
Forest (Conservation) Act, 1980, after the same came into
force. In view of this all the orders that have been passed
under Section 6 of Maharashtra Private Forests (Acquisition)
Act, 1975, will need revision and may be issued only after
getting the approval from Government of India under Section
2 of Forest (Conservation) Act, 1980. This action should be
taken in a time-bound manner.
5. Procedure for issuing this certificate under Section 6
and 22A of the Maharashtra Private Forests (Acquisition)
Act, 1975, is prescribed as below:
(a) The Collector shall prepare the proposal and
submit to the Government of India for seeking approval
under Section 2 of Forest (Conservation) Act, 1980, as
per the procedure laid down under Rule 4 of Forest
(Conservation) Rules, 1981.
(b) After receiving the approval from Government of
India the Collector shall issue order under Section 6
and 22A of Maharashtra Private Forests (Acquisition)
Act, 1975.
By order and in the name of the Governor of
Maharashtra,
(Ashok Khot)
Additional Chief Secretary (Forests)”
81. Since there was no compliance with this circular, another
nd
direction was issued in writing on 22 February, 2005 inviting
the attention of all concerned that immediate entries be made in
relation to the forest land in matters which are not pending and
particularly in relation to those where there are no legal
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proceedings pending, the name of the Forest Department be
forthwith entered in the revenue records. There are further
directions in order to effectively implement this court's directions
nd
in PIL No. 17 of 2002. Then, on 22 June, 2005, this court passed
a further order on this PIL. All mutation entries and subject
matter of these petitions have thus been made much before filing
of these petitions and pursuant to the binding orders and
directions of this Court. They have a statutory backing and
support as well. Nothing preceding or succeeding these entries is
challenged by the owners of these lands.
82. It is thus apparent that this is not a collusion, as found in
the case of Godrej and Boyce (supra). The Bombay Environment
Action Group, the PIL petitioner alleged that there was a collusion
between Godrej and the State Government to defeat the purpose
of the Act. However, the Hon'ble Supreme Court in paras 70 and
71 of the judgment in the case of Godrej and Boyce (supra) found
that this allegation was unfair to Godrej as for decades, this issue
was never raised and there was no material in that behalf.
However, before us, we have material to hold that the present
petitions are nothing but an attempt to defeat and frustrate the
Act of 1975. That all the erstwhile owners of these lands, which
were identified as private forests, but vesting in the State
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pursuant to the Act of 1975, accepted the genuineness,
correctness and authenticity of the public documents and official
record produced before us. There was never any challenge unlike
M/s. Godrej and other cases, raised by them. These persons never
proclaimed that there was no notice issued under section 35(3) of
the Act of 1927 nor was it ever served on them. These persons
never proclaimed that they had developed the lands and they are
not forests at all. They accepted that there was a natural growth
of trees and shrubs and these lands could safely assume the
status or character of a forest. However, these were private
forests and that is why the vesting of the same in the State
Government was not possible until the Act of 1975 intervened.
Merely because it intervened, it could have been invoked and
applied to these private forests and the owners unless the
statutory pre-requisites were complied with. To enable the State
Government to acquire and vest the private forests in it, the Act
of 1975 was invoked and the pre-requisite for the vesting was
whether any steps or measures in relation to these lands were
taken under the Central law, namely, the Act of 1927. Once there
is proof of such steps being taken, as is evident in this case, by
issuance of Gazette Notification and produced on record, there
being no doubt about its existence, then, we have no hesitation in
concluding that the vesting is final and complete. Every person's
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title to these forest lands was extinguished and by a process
known to law and in compliance therewith.
83. Hence, it is as a afterthought that these petitions are
brought by those having commercial interest and at their behest,
it would be highly unsafe to reopen the matters. Our order should
not result in total defeat and frustration of the comprehensive
directions issued in the PIL. The anxiety of this court is to
maintain the forest cover in the State. The anxiety of the PIL
petitioners was found to be genuine and of substance. Their
complaint was that the authorities are not implementing the
binding orders and directions issued under valid powers
conferred in them by the Act of 1975. Their inaction, utter
neglect and at times collusion would totally deplete the forest
cover in the State and we would witness total destruction of the
greens and forests in the State. It is with that aim in mind, this
court stepped in and issued these directions so as to effectively
monitor and supervise the implementation of the law. We cannot
by our orders contravene these comprehensive directions, based
on which the Revenue entries have been made. It would be
improper to rely upon the one sided version of the petitioners,
some of whom are but builders and developers and negate binding
directions of this court or enable the defeat and frustration
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thereof. We are in agreement with Mr. Seervai that these
petitions are not bona fide.
84. There is a writ petition being Writ Petition (O. S.) No. 853 of
2017 and the petitioners therein, unlike others, have specifically
stated that the petition covers the following piece and parcels of
land:-
“2. The petitioners are the absolute owners of several
pieces of land situate at village Sai, Taluka Borivali, District
Mumbai Suburban, including lands bearing:
(a) Survey No. 5, admeasuring 14 acres 8 gunthas;
¾
(b) Survey No. 6 admeasuring 3 acres and 1 gunthas;
½
(c) Survey No. 10 admeasuring 2 acres and 19 gunthas;
and
(d) Survey No. 11 admeasuring 1 acre and 13 gunthas
85. It is claimed that these are part of a larger parcel of land
situated at village Sai, Taluka Borivali, district Mumbai Suburban,
used by the petitioners and their ancestors for various
agricultural operations from the past 80 years. The petitioners
claim to have cultivated the lands also. At any rate, they are
claiming that the ancestor of the petitioners was Dr.Eruchshaw
Hakim. He acquired these lands under a deed of conveyance
rd
dated 23 October, 1924. That is a registered deed of conveyance.
Since that time till date, the lands have been in possession of the
petitioners. Their title also was never in dispute and it is stated,
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with reference to Exhibit “A-1” to Exhibit “A-4”, which are copies
of the 7X12 extracts in relation to these lands, that one
Dhanjishah Jehangir, the husband of the first petitioner and the
father of the second petitioner, who expired, are reflected therein.
It is only in the year 2014, the petitioners noticed Mutation Entry
No. 25 recorded in respect of the subject lands. The said mutation
entry referred to the following orders, communications, circulars
and show cause notices:-
“(i) Letter dated 22 February 2006 addressed by Deputy
Conservator, Forest, Forest Department, Thane;
(ii) Circular dated 14 July 2005 issued by Revenue and
Forest Department, State of Maharashtra;
(iii) Decision dated 9 July 2002 issued by Revenue and
Forest Division;
(iv) Circular dated 19 July 2002 issued by Revenue and
Forest Division;
(v) Circular dated 28 January 2003 of Commissioner,
Konkan Division;
(vi) Order dated 24 May 2006 issued by Tahsildar, Borivali;
(vii) An alleged Order u/s 22A of the Private Forest Act,
1975 allegedly passed prior to 25 October 1980;
(viii) Four alleged Show Cause Notices presumably alleged to
have been issued u/s 35(3) of the Forest Act, 1927 bearing
WT/621 dated 23 April 1957; WT/622 dated 13 April 1957;
WT/626 dated 24 April 1957; and WT/627 dated 24 April
1957.”
86. The petitioners say that there is nothing to show that in
relation to these lands any notice under section 35(3) of the Act
of 1927 was ever issued and/or served. It is stated that the
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petitioners' name appear throughout and continues to appear as
th
owners of these lands. Mutation Entry No. 25 dated 4 May,
2006 is referred in para 10 and its copy is annexed as Exhibit “B-
1”. It is stated that several communications were addressed
under the RTI, but they have not met with any response. The
following are the details with regard to the
communications/applications made from time to time by the
petitioners:-
“(i) Application dated 2 June 2014 made by Navin Bhatia,
Advocate to Tahsildar, Borivali;
(ii) RTI Application dated 16 June 2014 made to the Office
of learned Tahsildar, Borivali;
(iii) RTI Application dated 16 June 2014 made to the office
of learned Collector, Mumbai Suburban District, Bandra
(East);
(iv) First Appeal dated 16 July 2014 under Section 19(1) of
the Right to Information Act, 2005 made to the office of
learned Tahsildar, Borivali;
(v) Application dated 23 may 2014 made to the Office of the
Deputy Conservator of Forest;
(vi) First Appeal dated 8 August 2014 under Section 19(1)
of the Right to Information Act, 2005 made to the Office of the
Deputy Conservator of Forest.”
The reply to these communications was that relevant
87.
information is not available and/or not traceable. It is in these
circumstances that the petitioners assert that the most relevant
document, namely, copy of the show cause notice under section
35(3) of the Act of 1927 and the alleged order under section 22-A
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of the Act of 1975 are not available in the records. Once these
details are not provided, then, the argument is that with
reference to a Register and its extract, the respondents cannot
assert that the notices referred in this Register are those
addressed to the petitioners/owners without indicating the proof
of its service. It is claimed that the only communication is dated
th
20 January, 2017 (Exhibit 'I' to the petition), by which, the
petitioners are informed that there is a report of Talithi, Sajja-
th
Goregaon dated 12 January, 2017, which makes a reference to a
th
Government Circular dated 14 July, 2005. It also makes a
reference to the Judgment of the Hon'ble Supreme Court in the
case of Godrej and Boyce (supra). It is thus claimed that the
benefit of this judgment would not be available to the petitioners
and therefore, that mutation entry cannot be deleted. It is
aggrieved by such actions that the instant petition has been filed.
88. An affidavit in reply has been placed on record, in which,
respondent nos. 1 and 2 have categorically admitted that various
files and records pertaining to action under the Act of 1975 are
not traceable. That record is of 1959. Hence, that could not be
traced and relied upon. However, in this affidavit, the deponents
make the following positive statements:-
“4. ….. Although application of clause (iii) of Section 2(f) is
not essential for acquisition, it is submitted, the notice under
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Section 35(3) of Indian Forest Act, 1927 No. WT-621, dated
13.04.1957 for land admeasuring 14-08 Acre in Survey
Number 5, WT-622, dtd. 13.04.1957 for land admeasuring 3-
01-0 Acre in Survey Number 6, No. WT-626, dated 24.04.1957
for land admeasuring 01-19-4 Acre in Survey Number 10 and
WT-627, dtd. 24.04.1957 for land admeasuring 1-13-0 Acre in
Survey Number 11 were issued to the then owner Shri
Baimanije J. Ardesar Doctor. The copies of the relevant pages
of the Register having entries of issuing notices for Survey
No.5 and 6 Gazette Notifications for Survey No. 10 and 11 are
annexed and marked as Exhibit-1 to 3. Notice shows that
these Survey numbers are surrounded by Reserved Forest,
hence, it is forest as per section 2(c-i) of Maharashtra Private
Forests (Acquisition) Act, 1975.”
89. Thus, consistent with the above averments, it is claimed
that the writ petition be dismissed. Exhibit-'1' to this affidavit in
reply is claimed to be an extract of the register and it is stated
that this denotes, together with Exhibit-'2' that the notice was
duly issued and published in the Official Gazette as well. In the
rejoinder affidavit, the petitioners have reiterated the factual
position and stated that though these Exhibits '1' and '2' are
th
referring to a copy of an alleged notice WT/626 dated 24 April,
1957, the details are that this was served on one Baimanije J.
Ardesar Doctor. It is stated that if this notice has been served
purportedly on Mr. Baimanije at the address C/o. Francis Manvel,
at post Marol via Andheri, that does not mean that it has been
served on Baimanije. It is claimed that in terms of the judgment
in the case of M/s. Godrej and Boyce (supra), reliance is placed
only on the notice WT/627 in respect of Survey Nos. 10 and 11.
The petitioners admit that Manijeh Ardeshir Doctor is the
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maternal grandmother of petitioner no. 2, who was, at the
material time, owner, inter alia, of Survey Nos. 10 and 11, but the
notices themselves show that they were not issued to Manjieh
Ardeshir Doctor, but to the C/o. Framcis Manvel. It is claimed
that record is available to establish that Francis Manvel was a
trespasser, who had no interest whatsoever in any of the lands,
including land bearing Survey Nos. 10 and 11. However, there is
no proof that the owner Manijeh Ardeshir Doctor received the
alleged notices. In any event, there have been no steps taken in
pursuance of these notices and that is how the law laid down in
terms of Godrej and Boyce (supra) would squarely apply. In any
event, it is stated that the lands bearing Survey Nos. 5 and 6 are
forest and private forests. Thus, out of the lands involved in the
petition, details of which are to be found in para 2, there is no
record in relation to Survey Nos. 5 and 6 at all. The panchanana,
copy of which is at Exhibit-'5' to the affidavit in reply would not
establish the compliance with the pre-conditions stipulated by
law. Hence, it is submitted that the writ petition be allowed.
90. We have heard petitioner no. 2 in-person and consistent
with the pleadings, he has argued that petitioner no. 1-Siloo
Mistri was born in 1926 and she has categorically averred that no
notice under section 35(3) of the Act of 1927 has been served
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ever on the petitioners or any member of their family. At material
times i.e. 1924 till date, the petitioners and their family members
have been in absolute possession of the lands covered by the deed
rd
of conveyance dated 23 October, 1924. In any event, no steps
have been taken by the Government, even if the Government
seeks to rely upon the notices purportedly served and evidenced
by Exhibits '1' and '2' of the affidavit in reply. These notices have
never been followed up with a notification under section 35(1) of
the Act of 1927. If the Government's affidavit is to be relied upon,
it is only in respect of two pieces i.e. Survey Nos. 10 and 11. A
notice has been purportedly issued, but there is nothing in the
affidavit in reply or the exhibits thereto, which would establish
and prove that the notices were served on the owner of the land.
The address mentioned on the notice itself is of a C/o. address and
not that of Baimanije. It is in these circumstances that for more
than 49 years, the Conservator of Forest has failed to act upon
the notices in relation to Survey Nos. 10 and 11. With regard to
other lands, there is absolutely no action taken at all.
91. We are of the view on a perusal of these pleadings and
hearing the counsel of both sides, this is a peculiar case, where
the petitioners are not claiming through some others styled as
owners. In the other petitions, the owners have never complained
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and lost right, title and interest in relation to the lands long before
those subsequently stepping in. This is a case where both, the
title and possession is claimed and it is stated that the subject
lands are not forests. To our mind, this is a fit case to invoke
section 6 of the Act of 1975, which reads as under:-
“6. Where any question arises as to whether or not any
forest is a private forest, or whether or not any private forest
or portion thereof has vested in the State Government or
whether or not any dwelling house constructed in a forest
stands acquired under this Act, the Collector shall decide the
question, and the decision of the Collector shall, subject to the
decision of the tribunal in appeal which may be preferred to
the tribunal within sixty days from the date of the decision of
the Collector, or the order of the State Government under
section 18, be final.”
We, therefore, direct the Collector, Mumbai Suburban
92.
District to decide two questions in terms of this provision, firstly,
“whether any forest is a private forest or whether or not any
private forest or portion thereof has vested in the State
Government”. Secondly, the decision of the Collector shall abide
by the further remedy stipulated in section 6 itself. We clarify
that we have expressed no opinion on the rival contentions. This
is a dispute distinct from others and is, therefore, fit to be decided
by the Collector himself. There are several factual aspects
involved and it is not possible in our limited jurisdiction to
pronounce either way. In these circumstances, by clarifying that
this order is passed in the peculiar facts and circumstances and
restricted to Writ Petition (O. S.) No. 853 of 2017, we direct the
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Collector to conclude the inquiry as expeditiously as possible and
in any event, within a period of six months from the date of the
appearance of the petitioners before him. All contentions of both
parties are kept open.
93. Finally, what remains to be considered is the reliance by
almost all counsel on certain orders passed by this court.
Dr.Sathe laid heavy emphasis on these orders. He would submit
th
that in Writ Petition (O.S.) No. 2084 of 2013, decided on 26
November, 2014 (Satelite Developers Limited and Anr. vs. State of
Maharasthra and Ors.), this court upheld almost identical
contentions of the petitioners. We do not think so. That writ
petition was filed by Satelite Developers Limited and another
against the State and seeking an appropriate writ, order or
direction to the effect that the Act of 1975 has no application to
their lands and for other consequential reliefs. This court, in para
4, noted that notices under section 35(3) of the Act of 1927 were
issued sometime in 1956 in respect of the lands covered by that
petition. However, after issuance of notices, no steps were taken
for giving hearing to the owners of the lands and final notification
under section 35(1) was never issued. Pursuant to the order
passed by this court in a PIL, directions were given by the
Government to alter revenue entries mentioning that the lands
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were forest lands. It is in these circumstances, after noticing the
law laid down in the case of Chintamani Gajanan Velkar (supra)
and Godrej and Boyce (supra), this court held that the State
Government filed an affidavit, but made no reference to the
judgment of the Hon'ble Supreme Court in the case of Godrej and
Boyce (supra). Further, there was an interim order in the writ
petition. It is then claimed that the issue raised in the petition
stands fully covered in terms of the judgment of the Hon'ble
Supreme Court for mere entries in the revenue records, based on
directions of this court, would not indicate compliance with the
pre-requisites. A proof of compliance of the pre-requisite steps or
pre-conditions has to be produced. Mere reliance on issuance of a
notice issued in the year 1956, therefore, would not suffice.
Hence, the question was decided in the peculiar factual backdrop
by following the judgment in the case of Godrej and Boyce (supra).
Hence, this order is of no assistance to the petitioners before us.
94. In Writ Petition (L) No. 922 of 2015 filed on the Original Side
th
of this court and decided on 18 June, 2018 (Ozone Land Agro
Private Limited vs. State of Maharashtra and Ors.), once again,
the lands covered by this petition were sought to be acquired by
relying on the Act of 1975. However, following the earlier order in
the case of Satelite Developers Limited (supra) and holding that
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mere entries in the register indicating issuance of a show cause
notice would not establish and prove that the Act of 1975 is
applicable, this writ petition was allowed. Thus, this case turns
on its peculiar facts, which were undisputed.
95. Then, reliance is placed on several orders passed by a Bench
presided over by the Hon'ble Mr. Justice A. S. Oka. For instance,
in the case of Sinhagad Technical Education Society vs Deputy
rd
Conservator of Forest and Ors., decided on 3 February, 2015
(Writ Petition No. 7235 of 2013). There, the court found that
there were certain non-forest activities commenced and when
action was sought to be taken against the petitioners, that writ
petition was filed. In the affidavit in reply, it was stated that a
notice under section 35(3) of the Act of 1927 was issued to the
th
owner on 5 November, 1958 in relation to certain survey
numbers. Hence, the claim was that these lands, which are
private forests, are now covered by the Act of 1975. Therefore,
reference was made to the proceedings against the petitioner.
This court found from a perusal of the record and consideration of
the rival contentions that the judgment and order in the case of
Godrej and Boyce (supra) would apply. In para 22 of this
judgment, it is clarified that the Bench has examined the issue
raised only in the context of the contents of the impugned notice
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th
dated 19 June, 2013 that the lands constitute private forest
under the Act of 1975. That assertion was based on issuance of a
th
notice dated 5 November, 1958 under section 35(3) of the Act of
1927. However, this court immediately clarified that it has not
examined the question of applicability of the provisions of the Act
of 1927 and the Act of 1980 on any other ground. The court made
no adjudication on the status of the land except the issue whether
the same are private forests in accordance with sub-clause (iii) of
clause (f) of section 2 of the Act of 1927. It is stated that though
reliance is placed on the issuance of notice to the owner, but no
notification is issued under sub-section (1) of section 35 of the Act
of 1927 in relation to the land. Apart therefrom, it is stated that
th
reliance is placed only on the notice dated 5 November, 1958,
which does not relate to the land bearing Gat No. 310 at all and it
relates to Gat No. 311 and Gat Nos. 313 and 314, with which the
Bench was not concerned. Further, the Bench observed that no
case is made out of the notice having been served on the
predecessor in title of the petitioner. In the absence of proof of
service of notice, the Act of 1975 would not be applicable to the
land bearing Gat No. 311. Hence, this land cannot be said to be
th
private forest. On the strength of the notice dated 5 November,
1958, this land will not vest in the State Government under the
Act of 1975. It is in these circumstances that the writ petition
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was allowed. Once again, these are peculiar facts, but while
allowing the writ petition, this court issued the following
clarifications:-
“22. We must make it clear that we have examined the
issues raised only in the context of the contention in the
th
impugned notice dated 19 June, 2013 that the said lands
constituted private forests under the said Act of 1975 on the
th
basis of the notice dated 5 November, 1958 under sub-
section (3) of section 35 of the said Act of 1927. We make it
clear that we have not examined the question of applicability
of the provisions of the said Act of 1927 and the said Act of
1980 on any other ground. We have made no adjudication on
the status of the said lands except the issue whether the same
are private forests in accordance with Sub-Clause (iii) of
Clause (f) of Section 2 of the said Act of 1927. The finding
recorded in this Judgment is only to the extent that the said
lands bearing Gat Nos. 310 and 311 are not “private forests”
within the meaning of Sub-Clause (iii) of Clause (f) of Section
2 of the said Act of 1975 and not vest in the State Government
under section 3 of the said Act of 1975.”
96. The Bench presided over by Hon'ble Mr. Justice A. S. Oka, in
its subsequent orders passed in Writ Petition No. 9969 of 2013
(Dr. Arjun Sitaram Nitanwar vs. The Tahsildar, District Thane
and Ors.) as well found the factual position to be identical. There,
the mutation entry in relation to the lands involved, showed the
name of the Government of India in “possession” column through
Investment Provident Company. The name of one Shri. G. G.
Pradhan as the Manager of the said company also appeared in the
“possession” column. The name of one Ashwin Chunilal Dalal
appeared along with four others in column “other rights” and
“cultivation” column. It is in these circumstances that the
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rd
another Mutation Entry No. 616 was made on 23 May, 2006 in
relation to the said lands and that refers to a notice under section
35 of the Act of 1927. At the same time, it is stated that an
enquiry under the Act of 1975 was pending. It is in these
circumstances that the name of the State of Maharashtra was
entered in the “possession” column in the place of Government of
India and an entry as “reserved forest” was also made in the
possession column. There is reliance placed by the petitioners on
th
the letter dated 30 August, 2007 issued by the Assistant
Conservator of Forest-cum-Public Information Officer of Sanjay
Gandhi National Park, Borivali stating that the lands have not
been transferred to the Forest Department. In the affidavit in
nd
reply, reliance is placed upon a circular dated 22 February,
th
2005 and no proof of the notice dated 13 April, 1957 referable to
section 35(3) of the Act of 1927 being served on the original
owner, the controversy stands covered by the judgment in the
case of Godrej and Boyce (supra). Yet, in the operative order, this
court clarified that it has not made any adjudication on the
question whether the Act of 1927 and the provisions of the Forest
(Acquisition) Act, 1980 are otherwise applicable to the said land
and that issue is expressly kept open. That is how the mutation
entry challenged in the petition was directed to be deleted.
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97. Once again, in Writ Petition No. 10338 of 2014, decided on
th
7 January, 2016 (Nana Govind Gavate (since deceased) through
legal heirs A to J and Ors. vs. State of Maharashtra and Ors.), the
issue was that notices had been issued, but there was no proof of
service of the said notice. In that backdrop, this court negatived
the contention of the Government, firstly that there is an
alternate equally efficacious remedy available to the petitioners
and secondly that the lands are private forests covered by the Act
of 1975. In fact, there was enough evidence to the contrary and
this court referred to the arguments of the petitioners therein
that the lands were under cultivation, which fact is acknowledged
by the revenue authorities. Thus, this is also an order passed on
facts and therefore, clearly distinguishable from the present
cases.
th
98. In Writ Petition No. 9537 of 2014, decided on 12 January,
2016 (Lalit A. Sangtani vs. State of Maharashtra and Ors), once
again the Bench presided over by Hon'ble Mr. Justice A. S. Oka
relied upon the peculiar factual position of non-production of
proof relating to service of the notice under section 35(3) of the
Act of 1927. Another peculiar aspect was that the copy of the
notice produced before this court was undated and stated to be of
the year 1975. That was issued to one Babu Jadhav. In these
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circumstances, with similar clarification as above, that writ
petition was disposed of.
99. Then, in other batch of petitions, above orders of Division
Benches presided over by Hon'ble Mr. Justice V. M. Kanade and
the Hon'ble Mr. Justice A. S. Oka followed, but there has been no
principle of law discussed. There is nothing, which would enable
us to hold that these judgments take a view that the law laid down
in the judgment of Godrej and Boyce (supra) would apply
irrespective of the stand taken before us by the respondents and
noted above. In these circumstances, none of these orders are of
any assistance to the petitioners before us.
100. The reliance on a Full Bench judgment of this court in the
case of Janu Chandra Waghmare and Ors. vs. The State of
4
Maharashtra and Ors. and several paragraphs thereof would
indicate that this court upheld the constitutional validity of the
law and did not in any manner go beyond such of the issues, as
were raised concerning the validity and legality of its provisions.
We do not think that this judgment can be of any assistance to the
petitioners. More so, when it is also referred in the judgment of
the Hon'ble Supreme Court in the case of Godrej and Boyce
(supra).
4 AIR 1978 Bombay 119
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101. Dr. Sathe sought to place reliance on a judgment of the
Hon'ble Supreme Court rendered in the case of Government of
5
NCT of Delhi vs. Manav Dharam Trust and Anr. . We do not see
how this judgment has any application to the facts of the present
case. There, the controversy was whether a transferee of the
land, after publication of preliminary notification can maintain a
writ petition challenging the acquisition for all of them have a
interest in the property/land sought to be acquired. Therefore,
mere repeal of the Land Acquisition Act, 1894 does not mean that
subsequent purchasers cannot claim compensation on such
acquisition being complete and valid. The subsequent purchasers
can claim compensation, being “persons interested” despite
having no locus standi to challenge the acquisition proceedings.
We do not see any similarity in the issue decided by the Hon'ble
Supreme Court to the issue before us.
102. Mr. Chagla relied upon the judgment of the Hon'ble Supreme
Court in the case of M/s. Mahalakshmi Oil Mills versus State of
6
Andhra Pradesh . This judgment is also on the point as to how
the statutory definitions employing the words “means” and
“includes” have to be interpreted. Pertinently, these words, when
appearing in a definition section, the principle would be as set out
5 (2017) 6 SCC 751
6 (1989) 1 SCC 164
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in this judgment and the judgments following it and that it may
afford an exhaustive explanation of the meaning, which, for the
purpose of the Act, must invariably attach to these words or
expressions. The attempt of Mr. Chagla was to reinforce his
argument that outside the Act of 1975 and particularly section
2(f), there is nothing like a private forest and that private forest
for being covered by the Act of 1975, must comply with the sub-
clauses of this clause (f) of section 2 of the Act of 1975. While the
section, which is a definition section may contain these
expressions “means” and “includes”, but we are, therefore not
called upon to construe and interpret the definition. We are only
called upon to decide as to whether the assertion of the
petitioners that the judgment of the Hon'ble Supreme Court in the
case of Godrej and Boyce (supra) would cover the controversy.
We have held above that the petitioners before us, save and except
two or three cases, cannot derive any benefit from the judgment
in the case of Godrej and Boyce (supra). Beyond that, we have not
rendered any positive declaration. Not all the petitioners can rely
on the judgment in the case of Godrej and Boyce (supra).
103. For the reasons recorded hereinabove, we are of the view
that in all these writ petitions, the following order should be
passed:-
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(i) Rule in Appellate Side Writ Petition Nos. 12542 of
2015, 11382 of 2016 and Original Side Writ Petition
No.853 of 2017 is made partly absolute in terms of the
above discussion and ultimate direction.
(ii) Rule in all other writ petitions is discharged.
104. All the writ petitions are disposed of. There would be no
order as to costs.
105. In the light of the disposal of the writ petitions, all the
pending civil applications stand disposed of.
(P. D. NAIK, J.) (S. C. DHARMADHIKARI, J.)
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