Shri. Harishchandra Dadu Patil And ORS. v. The State Of Maharashtra Through Its Secretary And ORS.
1 404 wp 11459 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11459 OF 2023 Harishchandra Dadu Patil Age-Adult, Occupation : Farmer Smt.Vithabai Shankar Patil, Age-Adult, Occupation : Farmer Smt.Shakuntala balkrishna Thombare Age-Adult, Occupation : Farmer Smt.Yamuna Sitaram Joshi Age-Adult, Occupation : Farmer ...
Petitioners Smt.Chanda Anant Patil, Age-Adult, Occupation : Farmer Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld.District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West) The Ld.Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
Digitally signed by RAJESHRI PRAKASH AHER Date:
2023.12.19 16:41:36 +0530 RAJESHRI PRAKASH AHER
2 404 wp 11459 of 2023.doc The Chief Conservator of Forests, Revenue and Forest Department, Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
ALONGWITH WRIT PETITION NO.11488 OF 2023 Smt.Dharmobai Jagannath Patil, Age - Adult, Occupation : Farmer Rohidas Jagannath Patil, Age - Adult, Occupation : Farmer Bhagirathi Jagannath Patil, Age - Adult, Occupation : Farmer Prabhakar Jagannath Patil, Age - Adult, Occupation : Farmer Datta Jagannath Patil, Age - Adult, Occupation : Farmer Smt.Kunda Suresh Pachkude, Age - Adult, Occupation : Farmer Smt.Chandra Gurunath Mhatre, Age - Adult, Occupation : Farmer Smt.Laxmi Ratilal Mukadam, Age - Adult, Occupation : Farmer Smt.Jyotsna Sunil Patil, Age - Adult, Occupation : Farmer
3 404 wp 11459 of 2023.doc Sandip Yashwant Patil, Age - Adult, Occupation : Farmer Mahendra Yashwant Patil, Age - Adult, Occupation : Farmer Smt.Sunanda Anant Mhanere Age - Adult, Occupation : Farmer Smt.Kashibai Nathuram Mukadam, Age - Adult, Occupation : Farmer.
Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld.District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West) The Ld.Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department, Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
4 404 wp 11459 of 2023.doc The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi-110 003.
ALONGWITH WRIT PETITION NO.11483 OF 2023 Joma Padmakar Shinge Age - Adult, Occupation : Farmer Kaluram Padmakar Shinge, Age - Adult, Occupation : Farmer Smt.Champubai Eknath Mhatre, Age - Adult, Occupation : Farmer Smt.Gaurubai Dwarkanath Shinge, Age - Adult, Occupation : Farmer Smt.Motibai Padmakar Shinge, Age - Adult, Occupation : Farmer Smt.Changubai Padmakar Shinge, Age - Adult, Occupation : Farmer Smt.Gujibai Padmakar Shinge, Age - Adult, Occupation : Farmer Smt.Laxmibai Pandurang Shinge, Age - Adult, Occupation : Farmer Kamalakar Pandurang Gshinge, Age - Adult, Occupation : Farmer
5 404 wp 11459 of 2023.doc Smt.Kalpana Pandurang Shinge, Age - Adult, Occupation : Farmer Satyawan Pandurang Shinge, Age - Adult, Occupation : Farmer Shaina Pandurang Shinge, Age - Adult, Occupation : Farmer Ananta Pandurang Shinge, Age - Adult, Occupation : Farmer Smt.Sheela Pandurang Shinge, Age - Adult, Occupation : Farmer Smt.Hema Pandurang Shinge, Age - Adult, Occupation : Farmer Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld.District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West) The Ld.Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department,
6 404 wp 11459 of 2023.doc Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran BhavaN, Aliganj, New Delhi-110 003.
ALONGWITH WRIT PETITION NO.11472 OF 2023 Smt.Dharmobai Jagannath Patil, Age - Adult, Occupation : Farmer Rohidas Jagannath Patil, Age - Adult, Occupation : Farmer Bhagirathi Jagannath Patil, Age - Adult, Occupation : Farmer Prabhakar Jagannath Patil, Age - Adult, Occupation : Farmer Datta Jagannath Patil, Age - Adult, Occupation : Farmer Smt.Kunda Suresh Pachkude, Age - Adult, Occupation : Farmer Smt.Chandra Gurunath Mhatre, Age - Adult, Occupation : Farmer
7 404 wp 11459 of 2023.doc Smt.Laxmi Ratilal Mukadam, Age - Adult, Occupation : Farmer Smt.Jyotsna Sunil Patil, Age - Adult, Occupation : Farmer Sandip Yashwant Patil, Age - Adult, Occupation : Farmer Mahendra Yashwant Patil, Age - Adult, Occupation : Farmer Smt.Sunanda Anant Mhanere Age - Adult, Occupation : Farmer Smt.Kashibai Nathuram Mukadam, Age - Adult, Occupation : Farmer.
Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld.District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West) The Ld.Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department,
8 404 wp 11459 of 2023.doc Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi-110 003.
ALONGWITH WRIT PETITION NO.11479 OF 2023 Smt.Devkubai Bhaskar Patil, Age - Adult, Occupation : Farmer Harischandra Bhaskar Patil, Age - Adult, Occupation : Farmer Narayan Bhaskar Patil, Age - Adult, Occupation : Farmer Smt.Laxmibai Sitaram Patil, Age - Adult, Occupation : Farmer Smt.Dharmi Dama Mukadam, Age - Adult, Occupation : Farmer Smt.Chandrabhaga Namdev Patil, Age - Adult, Occupation : Farmer Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road
9 404 wp 11459 of 2023.doc No.2, Majiwade, Thane (W) - 400 0610.
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld.District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West) The Ld.Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department, Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
Union of India, Through the Secretary, Ministry of Environment, Forest and
10 404 wp 11459 of 2023.doc Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi-110 003.
ALONGWITH WRIT PETITION NO.11476 OF 2023 Kaliram Manik Daki, Age - Adult, Occupation : Farmer Gangaram Manik Daki, Age - Adult, Occupation : Farmer Narayan Manik Daki, Age - Adult, Occupation : Farmer Raghunath Manik Daki, Age - Adult, Occupation : Farmer Ganesh Manik Daki, Age - Adult, Occupation : Farmer Purushottam Manik Daki, Age - Adult, Occupation : Farmer Smt.Minakshi Krushna Bhoir, Age - Adult, Occupation : Farmer.
Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld.District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West)
11 404 wp 11459 of 2023.doc The Ld.Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department, Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi-110 003.
ALONGWITH WRIT PETITION NO.7739 OF 2018 Smt.Ramubai Rajaram Patil, Age - Adult, Occupation : Farmer Smt.Kundabai Nakul Shinge, Age - Adult, Occupation : Farmer Sandeep Nakul Shinge, Age - Adult, Occupation : Farmer Smt.Kesara Sudam Jadhav,
12 404 wp 11459 of 2023.doc Age - Adult, Occupation : Farmer Smt.Reena Vijay Kakukar, Age - Adult, Occupation : Farmer.
Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
.... Petitioners
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld. District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West) The Ld. Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department, Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City ...
Respondents.
13 404 wp 11459 of 2023.doc of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi-110 003.
ALONGWITH WRIT PETITION NO.8397 OF 2018 Kishor Ramchandra Patil, Age - Adult, Occupation : Farmer Ganpat Ramchandra Patil, Age - Adult, Occupation : Farmer Smt. Sandhya Kedarnath Katekar, Age - Adult, Occupation : Farmer.
Smt.Ahilya Chatrapati Mhatre, Age - Adult, Occupation : Farmer.
Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
.... Petitioners
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld. District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West)
14 404 wp 11459 of 2023.doc The Ld. Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department, Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi-110 003.
ALONGWITH WRIT PETITION NO.11484 OF 2023 Smt.Hashibai Shantaram Shinge, Age - Adult, Occupation : Farmer Smt.Draupadi Satyawan Wadekar, Age - Adult, Occupation : Farmer Rajesh Shantaram Shinge, Age - Adult, Occupation : Farmer.
15 404 wp 11459 of 2023.doc Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
.... Petitioners
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld. District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West) The Ld. Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor, Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department, Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
16 404 wp 11459 of 2023.doc Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi-110 003.
ALONGWITH WRIT PETITION NO.12847 OF 2017 Shri.Mangal Shivram Daki, Age - Adult, Occupation : Farmer Parag Shivram Daki, Age - Adult, Occupation : Farmer Smt. Krushnibai Harischandra Patil, Age - Adult, Occupation : Farmer.
SmtMalibai Harischandra Bhoir, Age - Adult, Occupation : Farmer.
Through their POA holder Mr.Rajan Narayan Bandelkar Unnathi Garden, Pokharan Road No.2, Majiwade, Thane (W) - 400 0610.
.... Petitioners
Versus
The State of Maharashtra Through its Secretary (Forests) Revenue & Forest Dept., Mantralaya, Mumbai-32.
The Ld. District Collector, Thane, Collector office, First Floor, Court Naka, Thane (West) The Ld. Sub Division Officer, Thane Collector Office, Second Floor, Court Naka, Thane (West) The Ld. Tahasildar, Thane, Tahasildar Office, Thane.
Taluka Inspector of Land Records, Thane, T.I.L.R. Office, First Floor,
17 404 wp 11459 of 2023.doc Collector Office Compound, Court Naka, Thane (West).
The Chief Conservator of Forests, Revenue and Forest Department, Mantralaya, Mumbai - 400 032.
The Principal Chief Conservator of Forest, III Floor, Van Bhavan, Ramgiri Road, Civil Lines, Nagpur 440 001.
The Assistant Conservator of Forests, Thane, Forest office, Teen Hath Naka, Thane.
The Municipal Commissioner, The Municipal Corporation of the City of Thane, Office at Mahanagarpalika Bahavan, Dr.Almeda Road, Chandanwadi, Panchpakhadi, thane (West) - 400 602.
...
Respondents.
Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi-110 003.
.....
Mr.Milind Sathe, Senior Advocate a/w Mr.Saurabh Butala and Mr.Aditya Base i/b. Mr.Harshad Bhadbhade, Advocate for the Petitioners.
Mr. B. V. Samant, AGP a/w. Mr.M.M. Pabale, AGP for RespondentState. .....
CORAM : NITIN JAMDAR AND MANJUSHA DESHPANDE, JJ.
DATE : 6 DECEMBER 2023.
18 404 wp 11459 of 2023.doc ORAL JUDGMENT : (Per : NITIN JAMDAR, J.) Rule. Rule returnable forthwith. Respondents waive service.
These Writ Petitions pertain to various parts of Land Survey No.245 situated at village Kavesar, Taluka and DistrictThane. The Petitioners are aggrieved by the order passed by the Collector Thane staying the order of the Sub-Divisional Officer which had directed that the Mutation Entry in respect of the Petitioners' land declaring these land as "Forest" be deleted. The details of the Petitioners' lands are as follows: In Writ Petition No.11459 of 2023, filed by Harischandra Dadu Patil and Ors., the Land Survey No.245/2 and it admeasures 2600 square meters, in Writ Petition No.11488 of 2023 filed by Dharmobai Jagannath Patil and Ors., the land Survey No.245/10 it admeasures 450 sq. mtrs., in Writ Petition No.11483 of 2023 filed by Joma Padmakar Shinge and Ors., the Land Survey No.245/6, it admeasures 2150 sq. mtrs.,in Writ Petition No.
11472 of 2023 filed by Darmobai Jagannath Patil and Ors., the Land Survey No.245/4e, it ademasures 2020 sq. meters, in Writ Petition No.11479 of 2023 filed by Devkubai Bhaskar Patil and Ors., the Land Survey No.245/c, it admeasures 810 square meters, in Writ Petition No.11476 of 2023 filed by Kaliram Manik Daki and Ors., Land Survey No.
19 404 wp 11459 of 2023.doc Petition No.7739 of 2018 filed by Ramubai Rajaram Patil and Ors., the Land Survey No.245/8, it admeasures 1980 square meters, in Writ Petition No.8397 of 2018 filed by Kishor Ramchandra Patil and Ors., the Land Survey No.245/3, it admeasures 4740 square meters, in Writ Petition No.11484 of 2023 filed by Hashibai Shantaram Shinge and Ors., the Land Survey No.245/9, it admeasures 2710 square meters and in Writ Petition No.12847 of 2017 filed by Mangal Shivram Daki and Ors., the Land Survey No.245/1, it admeasures 2760 square meters.
The Assistant Conservator of Forest on 24 January 2006 informed Tahasildar Thane to make necessary changes in the revenue records in respect of the above lands of the Petitioners making an entry as "Forest" and to submit a report. By these mutation entries, the name of the Forest Department came to be recorded in Other Rights Column.
The Petitioners applied to the Sub-Divisional Officer and sought a village map from Taluka Inspector of Land Records (TILR) in respect of these entries. This map was placed before the Sub-Divisional Officer. The Sub-Divisional Officer after receiving the map and examining the boundaries and upon application of the Petitioners passed an order on 16 March 2015, cancelling the mutation entries.
The Respondents Collector exercising the powers of Suo
20 404 wp 11459 of 2023.doc Moto Revision under the Maharashtra Land Revenue Code 1966 by order dated 27 March 2015, stayed the order passed by the SubDivisional Officer dated 16 March 2015. The order passed by the Sub-Divisional Officer was stayed by the Collector on two grounds. First, that the Sub-Divisional Officer had no power to give such declaration that the land is not a forest land and delete the entry. Second, the Sub-Divisional Officer failed to consider the decision of the Hon'ble Supreme Court in the case of Godrej Boyce Mfg. Co. Ltd. and Anr. Vs. The State of Maharashtra and Ors. alongwith connected Appeals arising out of SLP(C) No.10677 of 2008, in proper prospective and the said decision was distinguishable in law and on facts.
The Collector considered 18 orders passed by the SubDivisional Officer in the Suo Moto Revision. In this group were the orders passed in respect of the Petitioners as well. The other orders passed by the Sub-Divisional Officer arose from the same land survey number and, as pointed out by the Petitioners, belongs to the family members of the Petitioners. All these orders passed by the Sub-Divisional Officer were collectively considered by the Collector on the common reasoning as above. The Collector, by a common order had stayed the orders passed by the Sub-Divisional Officer. One such order passed by the Sub-Divisional Officer which was considered by the Collector on common reasoning was subject matter of a Writ petition No.7924 of 2019 (Ananta Waman
21 404 wp 11459 of 2023.doc Tanki Vs. The State Of Maharashtra And Ors. dated 26 July 2023). This Petition was came up for consideration before the Division Bench (Coram : Dhiraj Singh Thakur and Sandeep V. Marne, JJ.) The Division Bench referred to the controversy in short and after recording the factual background and the contentions of the parties allowed the Writ Petition by following reasoning: In the present case the notice that was issued under Section 35(3) of the Act of 1927 is dated 5th November, 1960 which was thus issued at a point of time which is considerably long before the promulgation of the Private Forest Act, 1975 could not have been acted upon.
Such a view was expressed in the case of Godrej & Boyce in the light of the show cause notice that had been issued toGodrej in 1957 on which no decision had been taken based thereupon till 1975, for a period of 18 years, which was held to be an unusually long period of time for enabling the State to take a decision on the show cause notice. It was held that failure on the part of the State to take any decision on the show cause notice for decades was indicative of its desire not to act on it and accordingly held that the notice could be acted upon only if it was in close proximity to the coming into force of the Private Forest Act, 1975.
The ratio of the Judgment in the case of Godrej & Boyce ( supra) applies squarely in the present case as well, inasmuch as no decision appears to have been taken by the Government pursuant to the issuance of notice dated 05th November, 1960 and the mutation came to be effected pursuant to a circular issued by the Government and the directions which had its genesis in the directions issued in PIL No.17 of 2002. Needless to say that even the mutation bearing No.2181 has since been set aside by the Sub- divisional Officer.
Similar issues based upon similar facts have already
22 404 wp 11459 of 2023.doc been dealt with by this Court in a number of cases wherein the principles of law as stated by the Apex Court have been reiterated. Reference in this regard can be made to Sinhagad Technical Education Society V s. Dy. Conservator of Forest & Ors. {Writ Petition No. 7235 of 2013 decided on 3rd February, 2015} and Reveal Aluminum Pvt. Ltd. & Anr. V/s. Union of India & Ors. {Writ Petition No. 319 of 2019, decided on 27th July, 2022} As far as the issue regarding erroneous boundaries of land in the notice is concerned, since we have arrived at a conclusion that land of the Petitioners is not a private forest within the meaning of Section 2(f (iii) of the Private Forest Act, 1975, it is not necessary to go into any factual dispute about error in mentioning boundaries of the land in question."
The Petitioners have relied upon the order passed in the case of Ananta Waman Tanki (Supra) as above.
The learned Senior Advocate for the Petitioners submits that since these Petitions arise from the same order passed by the Collector in same facts and circumstances, this Bench should follow the decision in the case of Anant Waman Tanki (Supra). He submitted that the order passed in the case of Anant Waman Tanki (Supra) is not set aside, modified or varied. Learned AGP sought to contend that the order passed in Anant Waman Tanki (Supra) has not considered various legal aspects and he sought to demonstrate the same by reply filed and states that this Court should take a different view.
23 404 wp 11459 of 2023.doc It is not the case of the State that the decision in the case of Anant Waman Tanki (Supra) was ex-parte rendered against the State. This Petition was fully contested with learned Advocate General representing the State. We are not informed that this decision has been challenged, set aside or varied and, thus, it holds the field. The Petitioners have not cited this decision only as a precedent for establishing a legal proposition, but as an order in companion proceedings. There is no dispute before us that the Judgment and order passed in Anant Waman Tanki (Supra) arose from the very same common order passed by the Collector, which is impugned before us. No distinguishing features on facts are pointed out. Therefore, we will follow the order passed in Anant Waman Tanki (Supra) as a matter of judicial consistency once in a group of proceedings this Court has taken up particular view of the matter. Furthermore, the Division Bench in Anant Waman Tanki (Supra) has given a limited declaration.
Having found no difference from the facts and circumstances in the case of Anant Waman Tanki (Supra) and the present case, to maintain consistency amongst similarly situated litigants whose cases are dealt with in common by the Collector, we proceed to pass the same order as in the case of Anant Waman Tanki (Supra).
The Writ Petitions are allowed. The Notices dated
24 404 wp 11459 of 2023.doc 5 November 1960 and the order dated 27 March 2015 passed by the District Collector in respect of the subject lands falling in each of this Petitions are set aside. We make it clear that as is done in the order of Ananta Waman Tanki (Supra) that the observations made in this order to the extent that land of the Petitioner is not a private forest within the meaning of Section 2(f)(iii) of Maharashtra Private Forest (Acquisition), Act 1975 and did not vest in the State Government under Section 3 of the said Act.
Rule in all the Petitions is made absolute in the above terms.
Writ Petitions are accordingly disposed of in above terms.
(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)