Judgment :-

Dr. Mukundakam Sharma, J.

1. Since the issues raised and argued in these matters are inter-connected, we propose to dispose both of them by this Order. Civil Appeal No. 2147 is filed by the Maharashtra Land Development Corporation against the State of Maharashtra seeking to challenge the judgment and order of the Bombay High Court dated October 8, 2003 in Writ Petition No. 1052 of 1998. Civil Appeal No. 2148 is filed by K.N. Shaikh against the State of Maharashtra seeking to challenge the judgment and order of the Bombay High Court dated October 8, 2003 in Writ Petition No. 1383 of 2002.

2. At the first stage we will deal with Civil Appeal No. 2147, and after pronouncing the judgment herein we shall deal with Civil Appeal No. 2148.

Civil Appeal No. 2147 of 2004

3. By the judgment in Writ Petition No. 1052 of 1998, the High Court reversed the order and concurrent findings recorded by the Sub-Divisional Officer on 23rd April, 1985 and the Maharashtra Revenue Tribunal on 21st February, 1998 wherein it was held that the land in question is neither "forest" nor "private forest" as referred to in the Maharashtra Private Forests (Acquisition) Act, 1975 (hereinafter referred to as