ANANTA WAMAN TANKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners claim to be in possession of land as owners falling under Survey No.245/4B, admeasuring 630 sq. mtrs. in village Kavesar, Taluka and District Thane. The Petitioners, inter alia, challenge the legality and validity of an order dtd. 27/3/2015 passed suo motu by the District Collector, Thane under Sec. 22(5) of the Maharashtra Private Forest Act, 1975 ("the Forest Act') in respect of the aforementioned land. The Petitioners also seek the issuance of a writ of certiorari for setting aside the impugned Notifcation dtd. 5/11/1960 by virtue of which, the land claimed to be in the ownership and possession of the Petitioners has been declared as a forest land.

(2.) With a view to understand the genesis of the controversy, it would be pertinent to mention a few material facts in brief :

(3.) It appears that a notice in terms of sub-sec. (3) of Sec. 35 was issued, dtd. 19/9/1950 which required the predecessors in interest to show cause as to why the accompanying notifcation be not made by the Government under Sec. 35(1) in respect of the forest specifed in the schedule appended to the said notifcation. The schedule appended to the notifcation (draft notifcation) refected the survey No.245 of Village Kavesar which the Petitioners claim belonged to them.