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 question and issue involved, it would not be

necessary to ad vert to the facts in each individual case. Hence, we have taken facts of the representative petition and the same are being elaborated hereinafter. Although, lengthy arguments have been advanced touching several aspects of the controversy, the principal and only question involved in these petitions is whether the notices issued by the Revenue Authorities and proceedings in pursuance thereof, can be said to be bad in law and vitiated by any serious legal infirmity.

2. The Revenue Authorities by their notices have directed the petitioners to discontinue the user of the properties which are more particularly described in the individual petitions. The action proceeds on the basis that once notice under section 35(3) of the Indian Forest Act, 1927, hereinafter referred to as "1927 Act", is issued, any land in respect of which such notice has been issued, would become a private forest-within the meaning of sec.2(f)(iii) of the Maharashtra Private Forest (Acquisition) Act, 1975, (for short "Private Forest Act").

3. Writ Petition No.1957 of 2006 is filed under Article 226 of the Constitution of India, challenging the communication (Exh.J) dated 20th December, 2005 from the Office of the Forest Conservator (Security), Mumbai to the Tahsildar, Kurla stating therein that a notice under section 35 of 1927 Act has been issued and the said notice is applicable to Survey number of the villages stipulated therein. A reference is made to this Court's order in PIL No.17 of 2002 and it is stated that the area which has been stipulated in the notice against the village and the survey number has been recorded as "forest" in the revenue record and has been directed to be handed over to the Forest Department of the State. In so far as these petitioners are concerned, they are affected by mutation entry nos. 5079 and 993 (Exhibits K and L to the writ petition), pencil entries in 7/ 12 extra (Exh.M to Q to the writ petition).

4. The petitioners allege that they are the Real Estate Developers. Between July and September, 2005 they have acquired from Glaxo Smithkline Pharmaceuticals Limited (GSK for short) a piece and parcel of land which is more particularly described in the Writ Petition. It is their case that they have paid for these pieces of land a sum of Rs.13 crores (approximately). They have incurred various expenses such as stamp duty, registration charges, and legal charges. They have obtained loans of Rs.200 crores from U.T.I. Bank Ltd. It is their case that when negotiations for purchase of these lands commenced, the petitioners discovered that the land were already converted to "non agricultural" user in as much as there were factories located on these lands. It is their case that the user was in conformity with t