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2015 Supreme(Bom) 900

V.M.KANADE, B.P.COLABAWALLA
Ozone Land Agro Private Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioner:Darius Khambatta, Senior Counsel alongwith Aspi Chinoy, Senior Counsel, P.K. Dhakephalkar, Senior Counsel alongwith Kartikeya Desai alongwith Prashant Kamble, Jagdish Reddy i/b Kartikeya & Associates, Advocates.
For the Respondents:J.S. Saluja, Advocate.

Judgment

V.M. Kanade, J.

1. Heard.

2. Rule. Rule is made returnable forthwith. Respondents waive service. By consent of the parties, Petition is taken up for final hearing.

3. By this Petition which is filed under Article 226 of the Constitution of India, Petitioners are seeking an appropriate writ, order and direction for setting aside the impugned Mutation Entry Nos. 162 and 186 in respect of the land admeasuring 323.75 hectares bearing Survey No.229, New Gut No.3 situated in Revenue Village Mormarewadi [Karanjgaon] Taluka Mawal, District Pune, more particularly described in the Schedule annexed to the Petition at Exhibit-A.

4. The short questions which fall for consideration before this Court are:

(i) whether issuance of notice under section 35(3) of the Indian Forest Act, 1927 alone is sufficient compliance for the said land being declared as a deemed forest within the meaning of section 2(f)(iii) of the Maharashtra Private Forests (Acquisition) Act, 1975?

(ii) whether Mutation Entries which have been made can be sustained in view of the judgment of the Apex Court in Godrej and Boyce Manufacturing Company Limited and another vs. State of Maharashtra and others (2014) 3 SCC 430) and th

























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