THAKKER C.K., C.J.:---Writ Petition No. 1052 of 1998 is filed by the State of Maharashtra against respondent No. 1 for an appropriate writ, direction or order quashing and setting aside the order passed by the Maharashtra Revenue Tribunal in Appeal Forest-3 of 1997 wherein it was held that the land in question is neither "forest" nor "private forest" within the meaning of the Maharashtra Private Forests (Aquisition) Act, 1975 (hereinafter referred to as "the said Act"). A prayer is also made to set aside the order passed by Sub-Divisional Officer, Bombay Suburban District dated 23rd April, 1985 under section 6 of the said Act. A declaration is sought to the effect that the land bearing Survey No. 345-A situated at village Dahisar is "forest" and "private forest" under the Act and as such the land stands acquired and vested in the State of Maharashtra.

2. It is the case of the petitioner-State that the land in question was part of original Survey No. 345. Survey No. 345 was admeasuring 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, about 365 acres was acquired for the purpose of "National Park"