STATE OF MAHARASHTRA Vs. JITENDRA HARJIVAN TIMBADIA

JUDGEMENT

(1.) Heard learned Government Pleader for the petitioners. None appears for the respondents, though served and are represented by advocates on record.

(2.) This Petition under Article 226 of the Constitution of India takes exception to the decision of the Maharashtra Revenue Tribunal, Mumbai in Rev. Forest 2 of 1998. By the said decision, the Tribunal allowed the appeal preferred by the respondents-land holders and was pleased to set aside the decision of the Deputy Collector (Private Forest), Raigad Alibag dated 30th March, 1998. The Tribunal further declared that the land purchased by the respondents herein which was the subject matter of the Writ Petition No. 4869 of 1979 was not forest/private forest within the meaning of Maharashtra Private Forests (Acquisition) Act and does not vest in the State Government on appointed day i.e. on 30th August, 1975.

(3.) The respondents claimed to have purchased agricultural lands bearing Survey Nos. 48, 37, 43, 32, 23, 31, 28 and 12/2 total aggregating to H. R. 109- 61-30 situated at village Vajapur, Tal. Panvel, District Raigad. The Appropriate Authority declared that the land admeasuring H.R. 101-95-12, out of the aforesaid land, belonging to Shri S. B. Patankar and his family of village Vajapur Tal. Panvel, Dist. Raigad is private forest land which according to him had vested in Government on the appointed day i.e. 30th August, 1975. That decision proceeded on the premises that the notice was issued on 20th August, 1958 under section 35(3) Indian Forest Act, 1927. According to the Authority, therefore, after enactment of the Maharashtra Private Forests (Acquisition) Act, 1975, (hereinafter referred to as "Maharashtra Act of 1975), the disputed land which was subject matter of the said notice automatically vested in State Government being private forest land. That was the consequence on account of section 3 read with section 2(f)(iii) of the Maharashtra Act of 1975. Accordingly Appropriate Authority initiated enquiry initially under the provisions of Land Revenue Code.