OBEROI CONSTRUCTIONS PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since common question of law and facts arise for determination, these petitions were heard together and are disposed of by common judgment. For the purpose of answering the question and issue involved, it would not be necessary to advert to the facts in each individual case. Hence, we have taken facts of the representative petition and the same are being elaborated hereinafter. Although, lengthy arguments have been advanced touching several aspects of the controversy, the principal and only question involved in these petitions is whether the notices issued by the Revenue Authorities and proceedings in pursuance thereof, can be said to be bad in law and vitiated by any serious legal infirmity.

(2.) The Revenue Authorities by their notices have directed the petitioners to discontinue the user of the properties which are more particularly described in the individual petitions. The action proceeds on the basis that once notice under section 35(3) of the Indian Forest Act, 1927, hereinafter referred to as "1927 Act", is issued, any land in respect of which such notice has been issued, would become a "private forest" within the meaning of sec.2(f)(iii) of the Maharashtra Private Forest (Acquisition) Act, 1975, (for short "Private Forest Act".)

(3.) Writ Petition No. 1957 of 2006 is filed under Article 226 of the Constitution of India, challenging the communication (Exh.J) dated 20th December, 2005 from the Office of the Forest Conservator (Security), Mumbai to the Tahsildar, Kurla stating therein that a notice under section 35 of 1927 Act has been issued and the said notice is applicable to Survey number of the villages stipulated therein. A reference is made to this Court's order in PIL No. 17 of 2002 and it is stated that the area which has been stipulated in the notice against the village and the survey number has been recorded as "forest" in the revenue record and has been directed to be handed over to the Forest Department of the State. In so far as these petitioners are concerned, they are affected by mutation entry nos. 5079 and 993 (Exhibits K and L to the writ petition), pencil entries in 7/12 extra (Exh.M to Q to the writ petition).