Case Note & Summary
The petitioner, Gaurakshan Sanstha, a public trust established in 1962 for Panjarpole purposes, owned agricultural land in various villages. In 1985, the State granted exemption under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. However, on 21st September 1995, the Range Forest Officer issued a notice stating that 64.16 H.R. of the petitioner's land was classified as private forest under Section 2(c-i)(f) of the Maharashtra Private Forest (Acquisition) Act, 1975 and had vested in the State w.e.f. 30th August 1975. The petitioner challenged this notice before the Collector, who upheld it on 6th December 2014. The petitioner then appealed to the Maharashtra Revenue Tribunal, which dismissed the appeal on 8th March 2016. Aggrieved, the petitioner filed the present writ petition. The court examined the definition of 'private forest' under the Act and noted that the land was recorded as private forest in the government records. The petitioner did not produce any evidence to show that the land was cultivated or used for non-forest purposes. The court held that the burden was on the petitioner to prove that the land did not fall within the definition, and since no such evidence was provided, the classification and vesting were valid. The petition was dismissed.
Headnote
A) Private Forest - Vesting - Section 2(c-i)(f) and Section 3 of Maharashtra Private Forest (Acquisition) Act, 1975 - Land classified as private forest in government records - Petitioner failed to produce evidence of cultivation or non-forest use - Held that the land vested in the State w.e.f. 30th August, 1975 and the impugned orders were valid (Paras 1-10).
Issue of Consideration
Whether the land owned by the petitioner falls within the definition of 'private forest' under Section 2(c-i)(f) of the Maharashtra Private Forest (Acquisition) Act, 1975, and whether the impugned notices and orders vesting the land in the State are valid.
Final Decision
The writ petition is dismissed. The impugned orders are upheld.
Law Points
- Private forest
- vesting
- Maharashtra Private Forest (Acquisition) Act 1975
- Section 2(c-i)(f)
- Section 3
- burden of proof
- classification of land
- government record
- presumption of correctness
- no evidence of cultivation
- no evidence of non-forest use
Case Details
2020 LawText (BOM) (09) 78
Writ Petition No. 6419 of 2016
Mr. Sunil Manohar, Senior Advocate assisted by Ms. Vidya Umale, Advocate for the petitioner; Smt. Barabde, Assistant Government Pleader for the respondent nos. 1 to 3.
Gaurakshan Sanstha, Arvi, through its Secretary, Shri Satyanarayan Shrikishnaji Chandak
The Collector Wardha, The District Forest Officer Wardha, The Range Forest Officer Arvi
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Nature of Litigation
Writ petition challenging the order of the Maharashtra Revenue Tribunal upholding the Collector's order declaring that the petitioner's land falls under the definition of private forest under Section 2(c-i)(f) of the Maharashtra Private Forest (Acquisition) Act, 1975 and has vested in the State.
Remedy Sought
The petitioner sought quashing of the notices issued by the Range Forest Officer and the orders of the Collector and the Maharashtra Revenue Tribunal.
Filing Reason
The petitioner's land was classified as private forest and vested in the State under the Act, 1975, which the petitioner disputed.
Previous Decisions
The Collector on 6th December 2014 upheld the notice; the Maharashtra Revenue Tribunal on 8th March 2016 dismissed the appeal.
Issues
Whether the land owned by the petitioner falls within the definition of 'private forest' under Section 2(c-i)(f) of the Maharashtra Private Forest (Acquisition) Act, 1975.
Whether the impugned notices and orders vesting the land in the State are valid.
Submissions/Arguments
The petitioner argued that the land was agricultural and exempted under the Ceiling Act, and not a private forest.
The respondents argued that the land was recorded as private forest in government records and the petitioner failed to produce evidence of cultivation.
Ratio Decidendi
The land in question was recorded as private forest in government records, and the petitioner failed to produce any evidence to show that the land was cultivated or used for non-forest purposes. Therefore, the land falls within the definition of 'private forest' under Section 2(c-i)(f) of the Maharashtra Private Forest (Acquisition) Act, 1975 and vested in the State w.e.f. 30th August 1975.
Judgment Excerpts
The present writ petition is arising out of the order dated 8th March, 2016 passed by the Maharashtra Revenue Tribunal, Nagpur, upholding the order of the Collector dated 6th December, 2014 declaring thereby the notices issued by the Range Forest Officer to the petitioner Sanstha, intimating that the Government has taken possession of the land owned by the petitioner from the date of notice as the land of the petitioner falls under the definition of Section 2 (c-i)(f) of the Maharashtra Private Forest (Acquisition) Act, 1975.
Procedural History
The Range Forest Officer issued a notice on 21st September 1995 classifying the land as private forest. The petitioner challenged the notice before the Collector, who upheld it on 6th December 2014. The petitioner appealed to the Maharashtra Revenue Tribunal, which dismissed the appeal on 8th March 2016. The petitioner then filed the present writ petition in the High Court.
Acts & Sections
- Maharashtra Private Forest (Acquisition) Act, 1975: Section 2(c-i)(f), Section 3
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961:
- Bombay Public Trust Act:
