FEROZ SHABBAR HUSSAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the Petitioner impugns the order dated 4th October, 2005 passed by the Minister for Revenue and Forests as a Revisional Authority under Section 18 of the Maharashtra Private Forests (Acquisition) Act, 1975 (for short "m. P. F. Act"). The Petitioner also seeks prohibitory injunction restraining Respondents to dispossess him from the agricultural land bearing Gat No. 46/1, admeasuring 2 hectares 96 Ares situated at Village Barwai, Tal. Panvel, Dist. Raigad.

(2.) The land in question was originally held by one narayan Govind Shete and bore survey No. 27, Hissa no. 4. On 24th January, 1961 a notice under Section 35 (3) of the Indian Forests Act was issued and the landlord was called upon to show cause as to why the land be no declared as a private forest. The petitioner claims to be legal representative of deceased Smt. Rubbabai Shabbar Hussein, who had acquired the land in question from the original holder, namely, Narayan Govind Shete. An application was submitted for grant of licence to extract stone/rubble/murum from a natural quarry available in the said land. The licence was issued but later on cancelled.

(3.) The Petitioner and Smt. Rubbabai, predecessor in title of the Petitioner, had preferred a writ petition (Writ Petition No. 309 of 1982) challenging the order of cancelling licence for quarrying in the said land. The petition was, however, dismissed on 4th September, 1990. Thereafter an application was filed on 11th march, 1991 before the Sub-Divisional Officer / Deputy collector, Panvel to start inquiry under Section 22-A, suo motu and to release the land from declaration as forest land. The Sub-Divisional Officer / Dy. Collector, Panvel, granted the application and held that though notice under Section 35 (3) of the Forests act was issued, yet Notification under Section 35 (1) of the Forests Act was not issued and therefore the land could not be treated as private forest. Consequently, the Sub-Divisional Officer / Deputy collector, Panvel, held that there was no need to proceed under Section 22-A of the Maharashtra Private forests (Acquisition) Act, 1975. It was declared that the Petitioner was free to enjoy the land in question.