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2023 Supreme(Bom) 1269

DHIRAJ SINGH THAKUR, SANDEEP V. MARNE
Ananta Waman Tanki – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dr. Milind Sathe, Senior Advocate a/w Saurabh Butala i/b Harshad Bhadbhade
For the Respondent: Dr. Birendra B. Saraf, AG, a/w Shri A.I. Patel, Addl. G.P., Shri A.M. Kulkarni “A” Panel, Shri K.S. Thorat, AGP

JUDGMENT :

DHIRAJ SINGH THAKUR, J.

Petitioners claim to be in possession of land as owners falling under Survey No.245/4B, admeasuring 630 sq. mtrs. in village Kavesar, Taluka and District Thane. The Petitioners, inter alia, challenge the legality and validity of an order dated 27th March 2015 passed suo motu by the District Collector, Thane under section 22(5) of the Maharashtra Private Forest Act, 1975 (‘the Forest Act’) in respect of the aforementioned land. The Petitioners also seek the issuance of a writ of certiorari for setting aside the impugned Notification dated 5th November 1960 by virtue of which, the land claimed to be in the ownership and possession of the Petitioners has been declared as a forest land.

2. With a view to understand the genesis of the controversy, it would be pertinent to mention a few material facts in brief :

Section 35(1) of the Indian Forest Act, 1927 (‘the Act, 1927’) authorizes the State to issue a notification in the official gazette to regulate or prohibit in any forest or waste land (a) the activity of breaking up or clearing of land for cultivation; (b) the pasturing of cattle; or (c) the firing or clearing of vegetation; when such regulation or

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