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Supreme Court of India
THE HONOURABLE DR. JUSTICE MUKUNDAKAM SHARMA & THE HONOURABLE MR. JUSTICE ANIL R. DAVE
Maharashtra Land Development Corporation & Others
Versus
State of Maharashtra & Another
CIVIL APPEAL NOS. 2147-2148 OF 2004
Decided On : 11-11-2010
Forest Conservation Act, 1980 - Indian Forest Act, 1927 - Section 35(3) - Estate Abolition Act, 1951 - Section 4 - Land case - Land in question is neither "forest" nor "private forest" - Act should not be issued for regulating and/or prohibiting the non-forest activities on the land - It was also ordered that in case the authority comes to the conclusion that the land in possession of appellant-Corporation is a "forest" and "private forest" - Held, Court find that the appellant has failed to make out any case before us for interference with the orders passed by the High Court - Hence, in the light of the aforesaid issues, principles and precedents in question, Court is of the considered opinion that the appeal is without merit and deserves to be dismissed - Counsel for the appellant herein has contended that the High Court failed to consider the additional submissions put forth by the appellant, and proceeded to dismiss the appeal in a common judgment - However, upon hearing the learned counsel and on perusal of the submissions, Court find that the appellant herein has placed similar, if not identical, arguments to that of the Land Development Corporation - Appellant herein has primarily contended that the meaning of `forest must be understood in its ordinary sense, and that it would be inconceivable to think of forest land without trees and shrubbery - Consequently, it was submitted, the rocky area devoid of growth cannot be considered a `forest and must instead be understood as a wasteland that cannot vest with the State Government. For reasons elaborated in the previous appeal, we are unable to agree with the learned counsel for the appellant - Land in question remains, in essence, a forest and the mere purported presence of a rocky area therein cannot change its character - Appeal dismissed.
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 "the Act").
4. The gamut of events that led to the passing of the impugned judgment and order of the High Court may be elaborated here. The land in question was part of an original Survey No. 345 in village Dahisar, Maharashtra, measuring about 650 acres. At all relevant times, it was shown as "forest land" in the Revenue records. In or about 1947, out of 650 acres, around 365 acres was acquired for the purpose of creating a National Park at Borivli. Original Survey No. 345 was subsequently divided into three survey numbers, being Survey Nos. 345-A, 345-B and 345-C. The land which was acquired was Survey No. 345-B. From the remaining land, land admeasuring about 75 acres was given Survey No. 345-C and the land in question admeasuring about 209 acres was given Survey No. 345-A.
5. It is the case of the State of Maharashtra that village Dahisar was Ex-Khot village. The whole land of Survey No. 345 of village Dahisar was originally owned by ex-khot of the area by name Haji Ali Kasam Agboatwala, who expired in the year 1945. Administration Suit No. 3415 of 1957 was filed in the High Court of Judicature at Bombay and the Court Receiver, High Court of Bombay was appointed as the Court Receiver for administration and management of the estate belonging to Agboatwala. In 1962, in pursuance of an order passed by the High Court, the suit land was sold which was purchased by one M/s. Veekaylal Investment Company ("Company" for short) from the Court Receiver. According to the case of the State, even at that juncture the suit land was "forest land". In 1963-64, proceedings were initiated under the Bombay Salsette Estate Abolition Act, 1951, and vide an order dated 24th December, 1964, the entire land bearing Survey No. 345-A was held "forest" and vested in the State under Section 4 of the said Act.
6. On 27th August, 1975, a notice was issued by the State Government to the Company under sub-Section (3) of Section 35 of the Indian Forest Act, 1927 calling upon the Company, the owner of the land, to show cause as to why notification under sub-Section (1) of Section 35 of the Act should not be issued for regulating and/or prohibiting the non-forest activities on the land. The said notice was issued in respect of total area of land bearing Survey No. 345-A admeasuring 209 acres.
7. On 30th August, 1975, the Maharashtra Private Forests (Acquisition) Act, 1975 came into force under which allegedly land bearing Survey No. 345-A stood acquired and vested in the State Government on the appointed day i.e. August 30, 1975. Accordingly, on October 8, 1975, the Sub- Divisional Officer, Bombay Sub-urban District, in exercise of power under Section 5 of the Act, issued notice to the company to hand over possession of the entire land of Survey No. 345-A admeasuring 209 acres. The com
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