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1977 Supreme(Bom) 116

N.B.NAIK, S.K.DESAI, S.DESHPANDE, V.D.TULZAPURKAR, R.D.KAMBLI
Janu Chandra Waghmare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
K.K. Singhvi with V.A. Gangal, K.N. Kore, B.N. Singhvi, Mrs. Pushpa K. Singhvi and S.G. Page, for Petitioners; N.H. Gursahani with A.M. Salik, Addl. Govt. Pleaders for Advocate General, for Nos. 1 to 3 and 5 to 6) and V.Z. Kankaria (for No. 4), for Opponents.

Judgement

TULZAPURKAR, Ag. C. J.:- These petitions raise common questions as to constitutional validity of the Maharash­tra Private Forests (Acquisition) Act, 1975, being Act No. 29 of 1975, as amended by Act No. 72 of 1975. The constitutional validity of the said Act has been mainly challenged on three grounds: (a) that the State Legislature of Maharash­tra lacks legislative competence to enact the measure, particularly S. 3 thereof, to the extent to which it purports to vest in the State Government the ' forest produce' while acquiring all private forests in the State, (b) that the said enactment, particularly Ss. 3 and 5 thereof, contra­vene the freedom of trade, commerce and intercorse guaranteed under Art. 301 of the Constitution and (c) that the en­actment, particularly S. 3 thereof, which purports to acquire not merely of mines and minerals, major as well as minor but also mining leases, licences and other rights in mines and minerals conflicts with and trenches upon the occu­pied field under the Central Act 67 of 1957 - Mines and Minerals (Regulation and Development, Act, 1957 - passed by Parliament under Entry 54 of List I and therefore is void. The validity of S. 3 of the






































































































































































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