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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
| Table of Content |
|---|
| 1. mutation entries and land ownership history (Para 2 , 3 , 4) |
| 2. arguments against forest land classification (Para 5) |
| 3. respondents' stance on forest land classification (Para 7) |
| 4. statutory framework governing forests (Para 10 , 11 , 12) |
| 5. private forests and state acquisition (Para 13 , 14 , 15) |
| 6. restrictions under the forest (conservation) act (Para 18 , 19 , 20) |
| 7. court's view on applicability of regulations (Para 24 , 25) |
| 8. supreme court precedent on private forests (Para 26 , 27) |
| 9. impact of supreme court rulings on purchase (Para 28) |
| 10. conclusions on land classification and government actions (Para 29 , 30 , 31) |
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,
Lands cannot be classified as forest unless legally notified and proper procedures followed, invalidating requirements for governmental approval for non-forest activities.
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....
Point of law: Forest Land - doctrine of Public Trust is applicable to India. The doctrine of Public Trust requires the State to ensure that forests are protected
The court dismissed the public interest litigation based on delay and the absence of statutory violations regarding forest land conversion under the Forest (Conservation) Act, affirming the principle....
The court affirmed that mining rights vested under the Coal Mines (Nationalisation) Act cannot be arbitrarily interfered with without due inquiry as mandated by law.
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