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2018 Supreme(Bom) 1220

S.C.DHARMADHIKARI, P.D.NAIK
Devkumar Gopaldas Aggarwal – Appellant
Versus
State of Maharashtra, through its Principal Secretary, Revenue and Forest Department – Respondent


Advocates Appeared:
For the Petitioner: Dr. Milind Sathe Sr. Counsel a/w Sharmila Deshmukh
For the Respondent:Mr. Navroj Seervai Sr. Advocate/Special counsel with Mr. A.B. Vagyani Govt. Pleader with, Ms. Geeta Shashtri Addl. G.P and Mr. Atul, Vanarase AGP with Mr. P.P. More, AGP and Mr. B.V. Samant AGP.

JUDGMENT :

S.C. Dharmadhikari, J.

1. In all these matters, the primary question falling for our consideration and determination is, whether the judgment and order of the Hon'ble Supreme Court in the case of Godrej and Boyce Manufacturing Company Limited and Anr. vs. the State of Maharashtra, (2014) 3 SCC 430, would apply or otherwise. The next question is, whether each of these petitioners can rely upon this judgment to resist the consequences flowing from the Maharashtra Private Forest (Acquisition) Act, 1975 (hereinafter referred to as “the Act of 1975”), when their predecessors in title have never raised any dispute about the applicability of this law or the steps and action taken in pursuance thereof.

2. The facts and circumstances in most of these petitions are identical. Since extensive arguments were canvassed, we are disposing of these petitions by a common judgment.

3. Rule is granted in each of these petitions. The respondents waive service. By consent of parties, Rule is made returnable forthwith.

4. In Writ Petition No. 4814 of 2016 the facts are that the petitioners are the owners of land bearing Survey Nos. 81, 82/1 to 82/6, 87/1, 82/7 to 82/16, 84/3, 85, 87/2 to 87/4, 88,



























































































































































































































































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