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2020 Supreme(Bom) 1149

ANIL S.KILOR
Gaurakshan Sanstha, Arvi, through its Secretary, Satyanarayan Shrikishnaji Chandak – Appellant
Versus
Collector Wardha, Wardha – Respondent


Advocates Appeared:
For the Petitioner:Sunil Manohar, Senior Advocate assisted by Vidya Umale, Advocate.
For the Respondents: Barabde, Assistant Government Pleader.

JUDGMENT :

1. The present writ petition is arising out of the order dated 8th March, 2016 passed by the Maharashtra Revenue Tribunal, Nagpur, upholding the order of the Collector dated 6th December, 2014 declaring thereby the notices issued by the Range Forest Officer to the petitioner Sanstha, intimating that the Government has taken possession of the land owned by the petitioner from the date of notice as the land of the petitioner falls under the definition of Section 2 (c-i)(f) of the Maharashtra Private Forest (Acquisition) Act, 1975 (in short “the Act, 1975”).

2. The facts leading to the present petition are narrated herein below:-

3. The petitioner is a Gaurakshan Sanstha, which is a public trust established for the purposes of ‘Panjarpole’, since the year 1962 and registered under the Bombay Public Trust Act.

4. The petitioner-Sanstha owned total land admeasuring 1.26.51.80 H.R. in villages Sarangpur, Jamb, Mandla, Borgaon and Ismailpur in Arvi Tahsil.

5. The State of Maharashtra vide notification published in Government Gazette dated 22nd January, 1985 granted exemption under the provision of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, from the provision

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