Courts On Its Own Motion v. The State Of Maharashtra, Department Of Forest And Revenue, Mumbai Thr. Secretary And ORS.
2026:BHC-NAG:5847-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
SUO MOTU PUBLIC INTEREST LITIGATION NO.21 OF 2026 [Courts on its Own Motion ..vs.. The State of Maharashtra and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Shri. D. V. Chauhan, Senior Advocate and Government Pleader i/b Shri. H. D. Marathe, AGP for Respondent Nos.1 to 3/State. Shri. Kartik N. Shukul, D.S.G.I. for respondent Nos.4 to 6. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.
DATE : 8 th APRIL, 2026 .
.
A News Article was published in Marathi daily newspaper "Loksatta" on 27.02.2026. The news article highlighted the fact that the State Forest Department has itself violated the rules and provisions of the Forest Conservation Act, 1980, Wildlife Protection Act, 1972, and the National Tiger Conservation Authority.
2.
The protected area of Mogarkasa Mangarli in Nagpur District was given status of the conservation reserve four years ago in the meeting of the State Wildlife Board. In this protected area, two-story rest house was being constructed in violation of the rules and laws. It was mentioned in the aforesaid news article that while building this new rest house, the Forest Department has not sought the approval from the Center. Since the aforesaid news article raised a serious issue, we called upon Shri. D. V. Chauhan, learned Senior counsel and Government Pleader, to take instructions from the relevant Forest Department and submit a brief note pointing out the factual position. 3.
We undertook the aforesaid exercise before taking suo motu cognizance in P.I.L. jurisdiction of the aforesaid news article.
4.
Shri. D. V. Chauhan, learned Senior counsel and Government Pleader instructed by Shri. H. D. Marathe, learned Asst. Government Pleader for respondents/State, had submitted the note, in compliance of the aforesaid directions of this Court. Relevant paragraphs of the aforesaid note read thus : "9. That it is most respectfully submitted that the present construction is not a new construction on previously undisturbed forest land. The new Inspection Bungalow is being constructed at the very same site where the old dilapidated rest house (existing since 1982) stood. The old structure is being dismantled and the new structure is being raised in its place. There is, therefore, no fresh diversion of forest land for any non-forest purpose whatsoever.
10. That it is emphatically submitted that the Inspection Bungalow is being constructed exclusively for the use of senior forest officers and staff during patrolling and field tours for forest protection and wildlife conservation purposes. The said Inspection Bungalow:
(a) Will not be made available to any private persons, tourists, or commercial entities;
(b) Will not be used as a tourist lodge, rest house for visitors, or for any commercial/revenue-generating purpose; (c) Will not generate any revenue whatsoever for the State Government;
(d) Will be used solely as a camp house for forest personnel during patrolling duties, anti-poaching operations, wildlife monitoring, and other forest protection activities in this remote and ecologically critical corridor area." 5.
Shri. D. V. Chauhan, learned Senior counsel and Government Pleader, in view of the aforesaid note, specifically submitted that there is no violation of the rules and provisions of the Forest Conservation Act, Wildlife Protection Act, or any rule, guideline or direction of the National Tiger Conservation Authority. The construction is a lawful forestry activity undertaken through the administrative process and transparent procurement for the sole purpose of strengthening forest protection infrastructure in a critical tiger corridor.
6.
In view of the aforesaid submissions, we deem it feet to dispose of the present suo motu public interest litigation. Accordingly, the present suo motu public interest litigation is disposed of.
(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 15/04/2026 19:42:53