YAKUB HAJI HAROON KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE the petitioners in these writ petitions seek to have the order dated 15th October, 1985 passed by the Additional Commissioner, Konkan Division, Bombay in Case No. Appeal/desk/279 quashed and set aside and as common question of fact and law are involved in these petitions, the same are being disposed of by this common judgment.

(2.) ONE Anand Chintaman Oze and respondent No. 13 in Writ Petition No. 5437 of 1985 (for short, the said respondent) were the owners of lands bearing Gat Nos. 51, 87 and 70/1 situate in village Barwai, Taluka Panvel in Raigad (Kolaba) District (for short, the said lands ). The said Anand Chintaman Oze was ancestor of respondents 7 to 12 in Writ Petition No. 5437 of 1985 (for short, the said respondents ). A notice dated 24th January, 1969 was issued to the predecessor-in-title of the said respondents and to the said respondent under section 35 of the Indian Forest Act, 1927, to the effect that the Forest Department of the 1st respondent intended to protect forest in the lands mentioned therein. Though the said notice was issued on 24th January, 1969, no steps in furtherance thereof were taken by the Forest Department of the 1st respondent for a period of over one year. The Maharashtra Private Forests (Acquisition) Act, 1975 (for short, the Private Forest Act) was enacted which came into force on 30th August, 1975. On 24th September, 1979, the Deputy Collector, Private Forest, the 3rd respondent in Writ Petition No. 5437 of 1985 passed an order declaring the entire said lands as forest and that the same stood acquired under section 3 of the Private Forest Act and vested in the State of Maharashtra, the 1st respondent in Writ Petition No. 1552 of 1986, addressed a letter to the 3rd respondent inter alia contending that the said order dated 24th September, 1979, passed by the 3rd respondent was passed without notice to him and as such invalid. On 23rd February, 1981, the said Anand Chintaman Oze and the said respondent filed an appeal before the Maharashtra Revenue Tribunal, Bombay, under section 13 of the Private Forest Act and challenged the said order dated 24th September, 1979 passed by the 3rd respondent. In the appeal, the Maharashtra Revenue Tribunal on 19th October, 1981, held that the said order dated 24th September, 1979 passed by the 3rd respondent was without any notice to show cause and without giving an opportunity of hearing to the said Anand Chintaman Oze and the said respondent and as such, was not sustainable in law. The said order dated 24th September, 1979, passed by the 3rd respondent was quashed and set aside by the Maharashtra Revenue Tribunal and the case was remanded to the 3rd respondent for de novo enquiry under section 9 of the Private Forest Act after issuing notices to the parties in accordance with law.

(3.) IT appears that after the said order dated 19th October, 1981 was passed by the Maharashtra Revenue Tribunal and the case was remanded to the 3rd respondent, the 3rd respondent could not make up his mind as to whether the entire matter with regard to the acquisition of the Private Forest was remanded back or the only question of fixation of compensation payable to the said Anand Chintaman Oze and the said respondent was remanded. On 1st February, 1982 the 3rd respondent addressed a letter to the Maharashtra Revenue Tribunal seeking clarification in this regard. By his letter dated 19th February, 1982 addressed by the Registrar of the Maharashtra Revenue Tribunal under directions from the Maharashtra Revenue Tribunal , the registrar communicated to the 3rd respondent that the said order dated 24th September, 1979 passed by the 3rd respondent was set aside in its entirety. In the de novo enquiry held by the 3rd respondent, the 3rd respondent passed an order on 28th February, 1983 declaring only 16 acres and 16 gunthas of said lands as forest out of the said three survey numbers including Survey No. 79/1. The said order was passed after recording the statements of the Forest Officer to the effect that only that much area of the said lands was liable to be declared as forest. No appeal from the said order passed on 28th February, 1983 was preferred by either of the parties. Accordingly, the said order dated 28th February, 1983 became final and binding on the parties.