Case Note & Summary
The petitioners, claiming to be owners of land in Survey No.245/4B, Kavesar, Thane, challenged an order dated 27 March 2015 passed suo motu by the District Collector, Thane under Section 22(5) of the Maharashtra Private Forest Act, 1975, and also sought to set aside a Notification dated 5 November 1960 declaring the land as forest land. The petitioners argued that the land was not forest and that the Collector's order was without jurisdiction. The respondents contended that the 1960 notification was final and the challenge was barred by delay. The court held that the 1960 notification could not be challenged after such a long period and that the Collector's order was validly passed to correct revenue records. The petition was dismissed.
Headnote
A) Forest Law - Declaration of Forest Land - Section 22(5) of Maharashtra Private Forest Act, 1975 - Suo Motu Order by Collector - Challenge to 1960 Notification - The petitioners challenged a 1960 notification declaring their land as forest and a 2015 Collector's order under Section 22(5). The court held that the 1960 notification could not be challenged after such a long delay and that the Collector's order was validly passed to correct revenue records. (Paras 1-15)
B) Constitutional Law - Writ Jurisdiction - Delay and Laches - Challenge to Old Notification - The court held that a challenge to a 1960 notification after more than five decades is barred by delay and laches, and no relief can be granted. (Paras 10-15)
C) Forest Law - Private Forest - Section 22(5) of Maharashtra Private Forest Act, 1975 - Suo Motu Power of Collector - The Collector has power to pass orders suo motu to ensure correct recording of forest lands in revenue records. The order was upheld. (Paras 5-9)
Issue of Consideration
Whether the impugned order dated 27 March 2015 passed by the District Collector, Thane under Section 22(5) of the Maharashtra Private Forest Act, 1975 and the Notification dated 5 November 1960 declaring the land as forest land are liable to be set aside.
Final Decision
The petition is dismissed. The impugned order dated 27 March 2015 and the Notification dated 5 November 1960 are upheld.
Law Points
- Maharashtra Private Forest Act
- 1975
- Section 22(5)
- Forest Notification
- Suo Motu Order
- Delay and Laches
- Writ of Certiorari
- Forest Land Declaration
Case Details
2023 LawText (BOM) (07) 50
WRIT PETITION NO.7924 OF 2018
DHIRAJ SINGH THAKUR, SANDEEP V. MARNE
Dr. Milind Sathe, Senior Advocate a/w Saurabh Butala i/b Harshad Bhadbhade for the Petitioners; 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 for the State
Shri Ananta Waman Tanki and others
The State of Maharashtra and others
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Nature of Litigation
Writ petition challenging an order under Section 22(5) of the Maharashtra Private Forest Act, 1975 and a notification declaring land as forest.
Remedy Sought
Petitioners sought a writ of certiorari to set aside the order dated 27 March 2015 passed by the District Collector, Thane under Section 22(5) of the Maharashtra Private Forest Act, 1975 and the Notification dated 5 November 1960 declaring the land as forest land.
Filing Reason
Petitioners claimed ownership and possession of land in Survey No.245/4B, Kavesar, Thane, and challenged the Collector's order and the 1960 notification as illegal.
Issues
Whether the impugned order dated 27 March 2015 passed by the District Collector, Thane under Section 22(5) of the Maharashtra Private Forest Act, 1975 is liable to be set aside.
Whether the Notification dated 5 November 1960 declaring the land as forest land is liable to be set aside.
Submissions/Arguments
Petitioners argued that the land was not forest and the Collector's order was without jurisdiction.
Respondents contended that the 1960 notification was final and the challenge was barred by delay.
Ratio Decidendi
The 1960 notification declaring land as forest cannot be challenged after decades. The Collector's suo motu order under Section 22(5) of the Maharashtra Private Forest Act, 1975 is valid to correct revenue records.
Judgment Excerpts
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.
Procedural History
The petitioners filed a writ petition in 2018 challenging a 2015 Collector's order and a 1960 notification. The court heard arguments and dismissed the petition on 26 July 2023.
Acts & Sections
- Maharashtra Private Forest Act, 1975: Section 22(5)
