ANKUSH KESHAV BOWLEDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this writ petition, the petitioner challenges the order passed by the maharashtra Revenue Tribunal on 15th April 1983 affirming the order passed by the Deputy collector, Private Forests, Sawantwadi on 14th january 1982.

(2.) THE Petitioner claims to be a contractor dealing in forest material. He took contracts of cutting and supplying timber, fire-wood, charcoal and other forest produce with Shri Yeshwant Govind gawde and others. The land comprises of Survey nos. 18, 36/1, 68/1, 29/1, 30/1, 69/1, 70/1 and 71/1 totalling nearly 442. 14 hectares. It is the petitioner s case that pursuant to the Agreement dated 5th February 1973, he started cutting trees after obtaining necessary permission from the concerned authorities. The case of the Petitioner is that the owners of the land aforestated received undated notices by ordinary post under section 35 (3) of the Indian Forest Act. Before the said notices were served, on 6th September 1975, the Maharashtra Private Forests (Acquisition) Act, 1975 (for short Private Forest Act ) came into force and sections 34a, 35, 36a, 36b, 36c and 37 stood repealed. The Petitioner and owners accordingly approached the Divisional Forest officer and the Conservator of Forests that it be declared that provisions of Private Forests Act are not applicable to the said lands. However, the respondents Nos. 1 and 2 herein did not accede to the request which necessitated an application under section 6 of the Private Forests Act by the present Petitioner and the owners of the said lands for declaration that the said lands are not private forests and have not vested in Respondents nos. 1 and 2. A writ petition be filed earlier by the Petitioner and the owners of the lands before this Court which was registered as Special Civil application No. 1418 of 1977. The said application was dismissed, but the Collector was directed to proceed with the application under section 6 of the Private Forests Act made by the Petitioner and the owners and decide the same in accordance with law. Thereafter, the Deputy Collector, Private forests by his order dated 14th January 1982 dismissed the application under section 6. The said order dated 14th January 1982 was challenged in appeal before the Maharashtra Revenue Tribunal unsuccessfully by the Petitioner and by an order dated 15th April 1983 the appeal came to be dismissed. The concurrent orders passed by the maharashtra Revenue Tribunal and the Deputy collector are under challenge.

(3.) MR. Rege, the learned counsel appearing for the Petitioner, contended that, the undated notices which were served upon the owner s on 6th september 1975 were no notices in the eye of law and on the basis of such notices it cannot be said that notices were issued as contemplated under section 35 (3) of the Indian Forest Act before coming into force of the Private Forests Act. The learned counsel for the Petitioner contended that besides that the notices are undated, these does not bear the seal and are not in conformity with the provisions of order 5 of Civil Procedure Code and therefore such notice cannot in law be said to have been issued under section 35 (3) of the Indian forest Act before the appointed date of the private Forests Act.