LAWS(BOM)-2018-9-115

DEVKUMAR GOPALDAS AGGARWAL Vs. STATE OF MAHARASHTRA

Decided On September 27, 2018
DEVKUMAR GOPALDAS AGGARWAL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) In all these matters, the primary question falling for our consideration and determination is, whether the judgment and order of the Hon'ble Supreme Court in the case of Godrej and Boyce Manufacturing Company Limited and Anr. vs. the State of Maharashtra, 2014 3 SCC 430, would apply or otherwise. The next question is, whether each of these petitioners can rely upon this judgment to resist the consequences flowing from the Maharashtra Private Forest (Acquisition) Act, 1975 (hereinafter referred to as "the Act of 1975"), when their predecessors in title have never raised any dispute about the applicability of this law or the steps and action taken in pursuance thereof.

(2.) The facts and circumstances in most of these petitions are identical. Since extensive arguments were canvassed, we are disposing of these petitions by a common judgment.

(3.) Rule is granted in each of these petitions. The respondents waive service. By consent of parties, Rule is made returnable forthwith.