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N. J. JAMADAR
Vijayalaxmi Shrinivas Panditrao – Appellant
Versus
Deputy Conservator of Forest, Kolhapur Division – Respondent
JUDGMENT :
1) Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.
2) The petitioner takes exception to an order dated 20th August, 2019, passed by the Minister (Revenue) in RTS Second Revision No. 3818 of 2018, whereby the Revision Application preferred by the petitioner came to be rejected, affirming the order passed by the Additional Divisional Commissioner, Pune dated 13th October, 2017 which, in turn, had affirmed the orders passed by the authorities below setting aside the order of Tahasildar, Budargad, Dist. Kolhapur dated 25th May, 2015.
3) The Petition arises in the backdrop of the following facts:-
(a) Agricultural lands bearing Gat Nos.162/1-B, 162/2-B and 162/3 admeasuring 124 hectares situated at Mauje Minache, Tal. Bhudargad, Dist. Kolhapur (“the subject lands”) originally belonged to one late Mr. Anantrao Narayanrao Panditrao, the predecessor in title of the petitioner. In the year 1975, late Anantrao had been served with a notice under Section 35 (3) of Indian Forest Act, 1927 (“the Act, 1927”), calling upon to show cause as to why the subject lands be not declared a protected forest.
(b) Proceedings were, ther
Lands cannot be classified as forest unless legally notified and proper procedures followed, invalidating requirements for governmental approval for non-forest activities.
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....
Environmental Law - Unauthorized encroachment on forest land - Cancellation of any permission/Licences - Section 2 of Forest (Conservation) Act, 1980. Transfer of forest land to User Agency shall not....
Environmental Law - Unauthorized encroachment on forest land - Cancellation of any permission / Licences - Section 2 of Forest (Conservation) Act, 1980. Transfer of forest land to User Agency shall n....
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 ....
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