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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P.COLABAWALLA, AMIT S.JAMSANDEKAR
Rasik Narsingh Chauhan – Appellant
Versus
State of Maharashtra, Through its Secretary, Forest Dept. – Respondent
JUDGMENT :
B. P. COLABAWALLA, J.
1. Rule. Respondents waive service. With the consent of the parties, Rule is made returnable forthwith and heard finally.
2. By this Writ Petition, the Petitioners seek an order and direction for setting aside Mutation Entry Nos. 1700 and 1770, pertaining to old Survey Nos. 65/1, 66/1 and 101/3 (New Survey Nos. 66/1/A, 66/1/B/1, 66/1/B/2, 66/1/B/3, 66/1/B/4, 67/1/A/A, 67/1/A/2, 67/1/A/3, 67/1/A/4 and 102/3) at Village Moreb, Taluka Panvel, District Raigad (for short the “said lands”). By the impugned Mutation Entries, the said lands have been treated as Forest Lands, and a remark has been inserted that for non-forest activities, the landowners would be required to obtain permission from the Central Government.
3. According to the Petitioners, the said lands bearing old Survey Nos. 65/1, 66/1 and 101/3 were originally owned by one Bhau Babu Patil, Dadu Babu Patil and Krushna Tukaram Patil, respectively. According to the Petitioners, without any notice issued under Section 3 5(3), or a notification issued under Section 3 5(1) of the Indian FOREST ACT , 1927 (for short the “Indian FOREST ACT ”), the said lands were treated as forest lands by the Governmen
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