Bombay High Court
Shri. Harishchandra Dadu Patil And Ors vs The State Of Maharashtra Through Its ... on 6 December, 2023
Author: Nitin Jamdar
Bench: Nitin Jamdar
2023:BHC-AS:38348-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11459 OF 2023
1 Harishchandra Dadu Patil
Age-Adult, Occupation : Farmer
2 Smt.Vithabai Shankar Patil,
Age-Adult, Occupation : Farmer
3 Smt.Shakuntala balkrishna Thombare
Age-Adult, Occupation : Farmer
4 Smt.Yamuna Sitaram Joshi
Age-Adult, Occupation : Farmer ... Petitioners
5 Smt.Chanda Anant Patil,
Age-Adult, Occupation : Farmer
Through their POA holder
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld.District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
4 The Ld.Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
Rajeshri Aher
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6 The Chief Conservator of Forests,
Revenue and Forest Department,
Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
ALONGWITH
WRIT PETITION NO.11488 OF 2023
1 Smt.Dharmobai Jagannath Patil,
Age - Adult, Occupation : Farmer
2 Rohidas Jagannath Patil,
Age - Adult, Occupation : Farmer
3 Bhagirathi Jagannath Patil,
Age - Adult, Occupation : Farmer
4 Prabhakar Jagannath Patil,
Age - Adult, Occupation : Farmer
5 Datta Jagannath Patil,
Age - Adult, Occupation : Farmer
6 Smt.Kunda Suresh Pachkude,
Age - Adult, Occupation : Farmer
7 Smt.Chandra Gurunath Mhatre,
Age - Adult, Occupation : Farmer
8 Smt.Laxmi Ratilal Mukadam,
Age - Adult, Occupation : Farmer
9 Smt.Jyotsna Sunil Patil,
Age - Adult, Occupation : Farmer
Rajeshri Aher
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10 Sandip Yashwant Patil,
Age - Adult, Occupation : Farmer
11 Mahendra Yashwant Patil,
Age - Adult, Occupation : Farmer
12 Smt.Sunanda Anant Mhanere
Age - Adult, Occupation : Farmer
13 Smt.Kashibai Nathuram Mukadam,
Age - Adult, Occupation : Farmer.
Through their POA holder
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld.District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
4 The Ld.Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
Rajeshri Aher
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8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Climate Change, Indira Paryavaran
Bhavan, Aliganj,
New Delhi-110 003.
ALONGWITH
WRIT PETITION NO.11483 OF 2023
1 Joma Padmakar Shinge
Age - Adult, Occupation : Farmer
2 Kaluram Padmakar Shinge,
Age - Adult, Occupation : Farmer
3 Smt.Champubai Eknath Mhatre,
Age - Adult, Occupation : Farmer
4 Smt.Gaurubai Dwarkanath Shinge,
Age - Adult, Occupation : Farmer
5 Smt.Motibai Padmakar Shinge,
Age - Adult, Occupation : Farmer
6 Smt.Changubai Padmakar Shinge,
Age - Adult, Occupation : Farmer
7 Smt.Gujibai Padmakar Shinge,
Age - Adult, Occupation : Farmer
8 Smt.Laxmibai Pandurang Shinge,
Age - Adult, Occupation : Farmer
9 Kamalakar Pandurang Gshinge,
Age - Adult, Occupation : Farmer
Rajeshri Aher
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10 Smt.Kalpana Pandurang Shinge,
Age - Adult, Occupation : Farmer
11 Satyawan Pandurang Shinge,
Age - Adult, Occupation : Farmer
12 Shaina Pandurang Shinge,
Age - Adult, Occupation : Farmer
13 Ananta Pandurang Shinge,
Age - Adult, Occupation : Farmer
14 Smt.Sheela Pandurang Shinge,
Age - Adult, Occupation : Farmer
15 Smt.Hema Pandurang Shinge,
Age - Adult, Occupation : Farmer
Through their POA holder
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld.District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
4 The Ld.Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Rajeshri Aher
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Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Climate Change, Indira Paryavaran
BhavaN, Aliganj,
New Delhi-110 003.
ALONGWITH
WRIT PETITION NO.11472 OF 2023
1 Smt.Dharmobai Jagannath Patil,
Age - Adult, Occupation : Farmer
2 Rohidas Jagannath Patil,
Age - Adult, Occupation : Farmer
3 Bhagirathi Jagannath Patil,
Age - Adult, Occupation : Farmer
4 Prabhakar Jagannath Patil,
Age - Adult, Occupation : Farmer
5 Datta Jagannath Patil,
Age - Adult, Occupation : Farmer
6 Smt.Kunda Suresh Pachkude,
Age - Adult, Occupation : Farmer
7 Smt.Chandra Gurunath Mhatre,
Age - Adult, Occupation : Farmer
Rajeshri Aher
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8 Smt.Laxmi Ratilal Mukadam,
Age - Adult, Occupation : Farmer
9 Smt.Jyotsna Sunil Patil,
Age - Adult, Occupation : Farmer
10 Sandip Yashwant Patil,
Age - Adult, Occupation : Farmer
11 Mahendra Yashwant Patil,
Age - Adult, Occupation : Farmer
12 Smt.Sunanda Anant Mhanere
Age - Adult, Occupation : Farmer
13 Smt.Kashibai Nathuram Mukadam,
Age - Adult, Occupation : Farmer.
Through their POA holder
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld.District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
4 The Ld.Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Rajeshri Aher
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Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Climate Change, Indira Paryavaran
Bhavan, Aliganj,
New Delhi-110 003.
ALONGWITH
WRIT PETITION NO.11479 OF 2023
1 Smt.Devkubai Bhaskar Patil,
Age - Adult, Occupation : Farmer
2 Harischandra Bhaskar Patil,
Age - Adult, Occupation : Farmer
3 Narayan Bhaskar Patil,
Age - Adult, Occupation : Farmer
4 Smt.Laxmibai Sitaram Patil,
Age - Adult, Occupation : Farmer
5 Smt.Dharmi Dama Mukadam,
Age - Adult, Occupation : Farmer
6 Smt.Chandrabhaga Namdev Patil,
Age - Adult, Occupation : Farmer
Through their POA holder
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
Rajeshri Aher
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No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld.District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
4 The Ld.Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Rajeshri Aher
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Climate Change, Indira Paryavaran
Bhavan, Aliganj,
New Delhi-110 003.
ALONGWITH
WRIT PETITION NO.11476 OF 2023
1 Kaliram Manik Daki,
Age - Adult, Occupation : Farmer
2 Gangaram Manik Daki,
Age - Adult, Occupation : Farmer
3 Narayan Manik Daki,
Age - Adult, Occupation : Farmer
4 Raghunath Manik Daki,
Age - Adult, Occupation : Farmer
5 Ganesh Manik Daki,
Age - Adult, Occupation : Farmer
6 Purushottam Manik Daki,
Age - Adult, Occupation : Farmer
7 Smt.Minakshi Krushna Bhoir,
Age - Adult, Occupation : Farmer.
Through their POA holder
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld.District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
Rajeshri Aher
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4 The Ld.Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Climate Change, Indira Paryavaran
Bhavan, Aliganj,
New Delhi-110 003.
ALONGWITH
WRIT PETITION NO.7739 OF 2018
1 Smt.Ramubai Rajaram Patil,
Age - Adult, Occupation : Farmer
2 Smt.Kundabai Nakul Shinge,
Age - Adult, Occupation : Farmer
3 Sandeep Nakul Shinge,
Age - Adult, Occupation : Farmer
4 Smt.Kesara Sudam Jadhav,
Rajeshri Aher
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Age - Adult, Occupation : Farmer
5 Smt.Reena Vijay Kakukar,
Age - Adult, Occupation : Farmer.
Through their POA holder .... Petitioners
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld. District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
4 The Ld. Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
Rajeshri Aher
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of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Climate Change, Indira Paryavaran
Bhavan, Aliganj,
New Delhi-110 003.
ALONGWITH
WRIT PETITION NO.8397 OF 2018
1 Kishor Ramchandra Patil,
Age - Adult, Occupation : Farmer
2 Ganpat Ramchandra Patil,
Age - Adult, Occupation : Farmer
3 Smt. Sandhya Kedarnath Katekar,
Age - Adult, Occupation : Farmer.
4 Smt.Ahilya Chatrapati Mhatre,
Age - Adult, Occupation : Farmer.
Through their POA holder .... Petitioners
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld. District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
Rajeshri Aher
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4 The Ld. Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Climate Change, Indira Paryavaran
Bhavan, Aliganj,
New Delhi-110 003.
ALONGWITH
WRIT PETITION NO.11484 OF 2023
1 Smt.Hashibai Shantaram Shinge,
Age - Adult, Occupation : Farmer
2 Smt.Draupadi Satyawan Wadekar,
Age - Adult, Occupation : Farmer
3 Rajesh Shantaram Shinge,
Age - Adult, Occupation : Farmer.
Rajeshri Aher
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Through their POA holder .... Petitioners
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld. District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
4 The Ld. Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
Rajeshri Aher
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10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Climate Change, Indira Paryavaran
Bhavan, Aliganj,
New Delhi-110 003.
ALONGWITH
WRIT PETITION NO.12847 OF 2017
1 Shri.Mangal Shivram Daki,
Age - Adult, Occupation : Farmer
2 Parag Shivram Daki,
Age - Adult, Occupation : Farmer
3 Smt. Krushnibai Harischandra Patil,
Age - Adult, Occupation : Farmer.
4 SmtMalibai Harischandra Bhoir,
Age - Adult, Occupation : Farmer.
Through their POA holder .... Petitioners
Mr.Rajan Narayan Bandelkar
Unnathi Garden, Pokharan Road
No.2, Majiwade,
Thane (W) - 400 0610.
Versus
1 The State of Maharashtra
Through its Secretary (Forests)
Revenue & Forest Dept., Mantralaya,
Mumbai-32.
2 The Ld. District Collector, Thane,
Collector office, First Floor,
Court Naka, Thane (West)
3 The Ld. Sub Division Officer,
Thane Collector Office, Second Floor,
Court Naka, Thane (West)
4 The Ld. Tahasildar, Thane,
Tahasildar Office, Thane.
5 Taluka Inspector of Land Records,
Thane, T.I.L.R. Office, First Floor,
Rajeshri Aher
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Collector Office Compound, Court
Naka, Thane (West).
6 The Chief Conservator of Forests,
Revenue and Forest Department,
Mantralaya, Mumbai - 400 032.
7 The Principal Chief Conservator of
Forest, III Floor, Van Bhavan, Ramgiri
Road, Civil Lines, Nagpur 440 001.
8 The Assistant Conservator of Forests,
Thane, Forest office, Teen Hath Naka,
Thane.
9 The Municipal Commissioner, ... Respondents.
The Municipal Corporation of the City
of Thane, Office at Mahanagarpalika
Bahavan, Dr.Almeda Road,
Chandanwadi, Panchpakhadi, thane
(West) - 400 602.
10 Union of India,
Through the Secretary,
Ministry of Environment, Forest and
Climate Change, Indira Paryavaran
Bhavan, Aliganj,
New Delhi-110 003.
.....
Mr.Milind Sathe, Senior Advocate a/w Mr.Saurabh Butala and
Mr.Aditya Base i/b. Mr.Harshad Bhadbhade, Advocate for the
Petitioners.
Mr. B. V. Samant, AGP a/w. Mr.M.M. Pabale, AGP for Respondent-
State.
.....
CORAM : NITIN JAMDAR AND
MANJUSHA DESHPANDE, JJ.
DATE : 6 DECEMBER 2023.
Rajeshri Aher
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ORAL JUDGMENT : (Per : NITIN JAMDAR, J.)
Rule. Rule returnable forthwith. Respondents waive
service.
2 These Writ Petitions pertain to various parts of Land
Survey No.245 situated at village Kavesar, Taluka and District-
Thane. The Petitioners are aggrieved by the order passed by the
Collector Thane staying the order of the Sub-Divisional Officer
which had directed that the Mutation Entry in respect of the
Petitioners' land declaring these land as "Forest" be deleted.
3 The details of the Petitioners' lands are as follows: In
Writ Petition No.11459 of 2023, filed by Harischandra Dadu Patil
and Ors., the Land Survey No.245/2 and it admeasures 2600 square
meters, in Writ Petition No.11488 of 2023 filed by Dharmobai
Jagannath Patil and Ors., the land Survey No.245/10 it admeasures
450 sq. mtrs., in Writ Petition No.11483 of 2023 filed by Joma
Padmakar Shinge and Ors., the Land Survey No.245/6, it
admeasures 2150 sq. mtrs.,in Writ Petition No.11472 of 2023 filed
by Darmobai Jagannath Patil and Ors., the Land Survey No.245/4e,
it ademasures 2020 sq. meters, in Writ Petition No.11479 of 2023
filed by Devkubai Bhaskar Patil and Ors., the Land Survey
No.245/c, it admeasures 810 square meters, in Writ Petition
No.11476 of 2023 filed by Kaliram Manik Daki and Ors., Land
Survey No.245/4d, it admeasures 860 square meters, in Writ
Rajeshri Aher
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Petition No.7739 of 2018 filed by Ramubai Rajaram Patil and Ors.,
the Land Survey No.245/8, it admeasures 1980 square meters, in
Writ Petition No.8397 of 2018 filed by Kishor Ramchandra Patil
and Ors., the Land Survey No.245/3, it admeasures 4740 square
meters, in Writ Petition No.11484 of 2023 filed by Hashibai
Shantaram Shinge and Ors., the Land Survey No.245/9, it
admeasures 2710 square meters and in Writ Petition No.12847 of
2017 filed by Mangal Shivram Daki and Ors., the Land Survey
No.245/1, it admeasures 2760 square meters.
4 The Assistant Conservator of Forest on 24 January 2006
informed Tahasildar Thane to make necessary changes in the
revenue records in respect of the above lands of the Petitioners
making an entry as "Forest" and to submit a report. By these
mutation entries, the name of the Forest Department came to be
recorded in Other Rights Column.
5 The Petitioners applied to the Sub-Divisional Officer
and sought a village map from Taluka Inspector of Land Records
(TILR) in respect of these entries. This map was placed before the
Sub-Divisional Officer. The Sub-Divisional Officer after receiving
the map and examining the boundaries and upon application of the
Petitioners passed an order on 16 March 2015, cancelling the
mutation entries.
6 The Respondents Collector exercising the powers of Suo
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Moto Revision under the Maharashtra Land Revenue Code 1966 by
order dated 27 March 2015, stayed the order passed by the Sub-
Divisional Officer dated 16 March 2015. The order passed by the
Sub-Divisional Officer was stayed by the Collector on two grounds.
First, that the Sub-Divisional Officer had no power to give such
declaration that the land is not a forest land and delete the entry.
Second, the Sub-Divisional Officer failed to consider the decision of
the Hon'ble Supreme Court in the case of Godrej Boyce Mfg. Co.
Ltd. and Anr. Vs. The State of Maharashtra and Ors. alongwith
connected Appeals arising out of SLP(C) No.10677 of 2008, in
proper prospective and the said decision was distinguishable in law
and on facts.
7 The Collector considered 18 orders passed by the Sub-
Divisional Officer in the Suo Moto Revision. In this group were the
orders passed in respect of the Petitioners as well. The other orders
passed by the Sub-Divisional Officer arose from the same land
survey number and, as pointed out by the Petitioners, belongs to the
family members of the Petitioners. All these orders passed by the
Sub-Divisional Officer were collectively considered by the Collector
on the common reasoning as above. The Collector, by a common
order had stayed the orders passed by the Sub-Divisional Officer.
8 One such order passed by the Sub-Divisional Officer
which was considered by the Collector on common reasoning was
subject matter of a Writ petition No.7924 of 2019 (Ananta Waman
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Tanki Vs. The State Of Maharashtra And Ors. dated 26 July 2023).
This Petition was came up for consideration before the Division
Bench (Coram : Dhiraj Singh Thakur and Sandeep V. Marne, JJ.).
The Division Bench referred to the controversy in short and after
recording the factual background and the contentions of the parties
allowed the Writ Petition by following reasoning:
20 In the present case the notice that was issued under
Section 35(3) of the Act of 1927 is dated 5 th November,
1960 which was thus issued at a point of time which is
considerably long before the promulgation of the Private
Forest Act, 1975 could not have been acted upon. Such a
view was expressed in the case of Godrej & Boyce in the light
of the show cause notice that had been issued toGodrej in
1957 on which no decision had been taken based thereupon
till 1975, for a period of 18 years, which was held to be an
unusually long period of time for enabling the State to take a
decision on the show cause notice. It was held that failure on
the part of the State to take any decision on the show cause
notice for decades was indicative of its desire not to act on it
and accordingly held that the notice could be acted upon
only if it was in close proximity to the coming into force of
the Private Forest Act, 1975. The ratio of the Judgment in
the case of Godrej & Boyce ( supra) applies squarely in the
present case as well, inasmuch as no decision appears to have
been taken by the Government pursuant to the issuance of
notice dated 05th November, 1960 and the mutation came
to be effected pursuant to a circular issued by the
Government and the directions which had its genesis in the
directions issued in PIL No.17 of 2002. Needless to say that
even the mutation bearing No.2181 has since been set aside
by the Sub- divisional Officer.
21 Similar issues based upon similar facts have already
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been dealt with by this Court in a number of cases wherein
the principles of law as stated by the Apex Court have been
reiterated. Reference in this regard can be made to Sinhagad
Technical Education Society V s. Dy. Conservator of Forest
& Ors. {Writ Petition No. 7235 of 2013 decided on 3rd
February, 2015} and Reveal Aluminum Pvt. Ltd. & Anr. V/s.
Union of India & Ors. {Writ Petition No. 319 of 2019,
decided on 27th July, 2022}
22 As far as the issue regarding erroneous boundaries of
land in the notice is concerned, since we have arrived at a
conclusion that land of the Petitioners is not a private forest
within the meaning of Section 2(f (iii) of the Private Forest
Act, 1975, it is not necessary to go into any factual dispute
about error in mentioning boundaries of the land in
question."
The Petitioners have relied upon the order passed in the case of
Ananta Waman Tanki (Supra) as above.
9 The learned Senior Advocate for the Petitioners submits
that since these Petitions arise from the same order passed by the
Collector in same facts and circumstances, this Bench should follow
the decision in the case of Anant Waman Tanki (Supra).
He submitted that the order passed in the case of Anant Waman
Tanki (Supra) is not set aside, modified or varied. Learned AGP
sought to contend that the order passed in Anant Waman Tanki
(Supra) has not considered various legal aspects and he sought to
demonstrate the same by reply filed and states that this Court should
take a different view.
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10 It is not the case of the State that the decision in the case
of Anant Waman Tanki (Supra) was ex-parte rendered against the
State. This Petition was fully contested with learned Advocate
General representing the State. We are not informed that this
decision has been challenged, set aside or varied and, thus, it holds
the field. The Petitioners have not cited this decision only as a
precedent for establishing a legal proposition, but as an order in
companion proceedings. There is no dispute before us that the
Judgment and order passed in Anant Waman Tanki (Supra) arose
from the very same common order passed by the Collector, which is
impugned before us. No distinguishing features on facts are pointed
out. Therefore, we will follow the order passed in Anant Waman
Tanki (Supra) as a matter of judicial consistency once in a group of
proceedings this Court has taken up particular view of the matter.
Furthermore, the Division Bench in Anant Waman Tanki (Supra)
has given a limited declaration.
11 Having found no difference from the facts and
circumstances in the case of Anant Waman Tanki (Supra) and the
present case, to maintain consistency amongst similarly situated
litigants whose cases are dealt with in common by the Collector, we
proceed to pass the same order as in the case of Anant Waman Tanki
(Supra).
12 The Writ Petitions are allowed. The Notices dated
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5 November 1960 and the order dated 27 March 2015 passed by the
District Collector in respect of the subject lands falling in each of this
Petitions are set aside. We make it clear that as is done in the order of
Ananta Waman Tanki (Supra) that the observations made in this
order to the extent that land of the Petitioner is not a private forest
within the meaning of Section 2(f)(iii) of Maharashtra Private Forest
(Acquisition), Act 1975 and did not vest in the State Government
under Section 3 of the said Act.
13 Rule in all the Petitions is made absolute in the above
terms.
14 Writ Petitions are accordingly disposed of in above
terms.
(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)
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