Back
R. D. DHANUKA, S. M. MODAK
Rajmachi Rural Aid And Development Programme – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
S. M. Modak, J. - This Court had come across various petitions involving a grievance that land in question is not a private forest under the provisions of Maharashtra Private Forest (Acquisition) Act, 1975 hereinafter referred to as 1975 Act. It is predominantly for the reason that there are defects in the notice and notification issued under Section 35 of 1975 Act. In this Petition also we are supposed to deal with the grievance about :-
a) Defect in the notice issued under Section 35 (3) of 1975 Act.
b) Defect in the notification issued under Section 35(1) of 1975 Act.
c) Whether these defects are sufficient so as not to vest land in the State Government and so also there is an issue of general apathy of Department of Forest in not implementing the provisions of 1975 Act and also an issue of general apathy of Revenue Department in granting the permission mechanically.
2. On this background, we have heard Mr. Sangramsingh R. Bhosale, Advocate for the Petitioner and Mr. Vasant S. Gokhale, AGP for the Respondent-State.
3. The relevant facts for deciding the controversy are na
The main legal point established in the judgment is the reiteration of the legal principles established in the case of Godrej & Boyce Manufacturing Co. Ltd. and Anr. Vs. State of Maharashtra and Ors.....
The mandatory nature of service of notice under sub-Section 3 of Section 35 of the Indian Forest Act, 1927 and its significance in determining the classification of a land as a 'Private Forest' under....
Notice under Section 35(3) IFA for MPFA vesting must be by authorised officer, served on true owner pre- or proximately to appointed day; invalid notice fails strict compliance, preventing land class....
The main legal point established in the judgment is the lack of jurisdiction of Consolidation Authorities over forest land notified under Section-4 of the Indian Forest Act, 1927, and the vesting of ....
The court reaffirmed that the notification under the Indian Forest Act validly vested land with the State, and the appellate authority exceeded its jurisdiction by setting aside unchallenged notifica....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
