S. C. DHARMADHIKARI, J. :- On 21st March, 2008, we observed world 'forest' day. On 23rd March, 2008 in Maharashtra we observed 'Tukaram Beej'. That is the day on which Saint Tukaram, a Seven teeth Century Poet, regarded by many as the greatest in Marathi language, left for his Nirvana. Each one of us has forgotten his apt remark and observation regarding a forest, the Trees and the creatures. He says:

"Trees, creepers and the creatures of the forest Are my kith and kin And birds that sweetly sing This is bliss! How I love being alone! Here I am beyond good and evil; Commit no sin The sky is my canopy, the earth my throne. My mind is free to dwell wherever it will. A piece of cloth, one all purpose bow! Take care of all my bodily needs. The wind tells me the time." Translated from original Marathi by Dilip Chitre, Penguin Classics, 1991.

Reciting these lines today is like talking of other world. At least, the land owners and all those claiming through them think so. We rest here and say nothing more.

Since common question of law and facts arise for determination, these petitions were heard together and are disposed of by common judgment. For the purpose of answering the questio