SHRINIWAS RAMAKRISHNA KARANDIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals arise, from the common judgment of the Bombay High Court in First Appeals Nos. 839/ 6 1, 60/ 64, 61/ 64 and 171/ 66 and Second Appeal No. 1598/61 whereby the High Court on appreciation of the evidence on record reversed the findings of the Courts below, allowed the State's appeals, and dismissed the appellants-plaintiffs' suits. The plaintiffs sought in their suits a declaration that they were the owners of the trees in question, an injunction to restrain the State from interfering with their alleged right to fell and remove the trees, and certain other reliefs. The plaintiffs contended that, in terms of S. 40 of the Bombay Land Revenue Code, 1879, the right of the Government to all trees in unalienated land had been conceded to the plaintiffs as the occupants. There was no specific order which was made at the time of the settlement whereby royalty trees, such as teak had been reserved to the Government. No notification or rule or general order had been made to reserve these trees to the State. The claim of the plaintiffs was contested by the State. They relied on various orders, such as those contained in the report of Major Waddington and certain Government resolutions of 23rd December, 1892, which clearly showed that the right to all royalty trees, such as teak, blackwood, sandalwood in Mokhada Petha, Thana Dist. and certain other places vested in the Government. The trees in question are in warkas lands in Mokhada Petha and these trees being royalty trees are, according to the State, clearly covered by these Government orders issued by the Chief Secretary to the Government on 23rd Dec. 1892 as a result of which all rights and titles relating to them clearly vested in the Government,

(2.) Section 40 of the Bombay Land Revenue Code, 1879 reads as follows:

(3.) Government Resolution, Revenue Department No. 10087 dt. 23-12-1892 reads: