Case Note & Summary
The Petitioner, Feroz Shabbar Hussain, claiming to be the legal representative of the deceased original holder, filed a writ petition challenging an order dated 4th October 2005 passed by the Minister for Revenue and Forests acting as the Revisional Authority under Section 18 of the Maharashtra Private Forests (Acquisition) Act, 1975 (M.P.F. Act). The Petitioner also sought a prohibitory injunction restraining the Respondents from dispossessing him from agricultural land bearing Gat No. 46/1, admeasuring 2 Hectares 96 Ares, situated at Village Barwai, Tal. Panvel, Dist. Raigad. The land in question was originally held by Narayan Govind Shete and bore survey No. 27, Hissa No.4. On 24th January 1961, a notice under Section 35(3) of the Indian Forests Act, 1927 was issued to the landlord to show cause why the land should not be declared a private forest. The Petitioner claimed that his predecessor-in-title, Smt. Rubbabai Shabbar Hussein, had acquired the land from the original holder. An application was submitted for grant of licence to extract stone/rubble/murum from a natural quarry. The Sub-Divisional Officer, Panvel, by order dated 30th April 1999, held that the land was not a private forest and directed deletion of the entry in the record of rights. The State of Maharashtra filed a revision before the Minister under Section 18 of the M.P.F. Act. The Minister, by the impugned order dated 4th October 2005, set aside the order of the Sub-Divisional Officer and held that the land was a private forest. The Petitioner challenged this order. The High Court held that the land had already been acquired under the Indian Forests Act, 1927 and the M.P.F. Act, and the acquisition had become final. The Revisional Authority under Section 18 could not reopen the issue of acquisition. The Minister's order was quashed as it exceeded the revisional jurisdiction. The petition was allowed, and the impugned order was set aside.
Headnote
A) Forest Law - Private Forest Acquisition - Finality of Acquisition - Maharashtra Private Forests (Acquisition) Act, 1975, Section 18 - The Revisional Authority under Section 18 cannot reopen the issue of acquisition of land as a private forest after the acquisition has become final under the Act. The Petitioner's land was already acquired under the Indian Forests Act, 1927 and the M.P.F. Act, and the revisional order setting aside the acquisition was held to be without jurisdiction. (Paras 1-10) B) Forest Law - Revisional Powers - Scope of Revision - Maharashtra Private Forests (Acquisition) Act, 1975, Section 18 - The Revisional Authority's power under Section 18 is limited to correcting errors apparent on the face of the record and cannot be used to re-adjudicate matters that have attained finality. The Minister's order was quashed as it exceeded the revisional jurisdiction. (Paras 5-10)
Issue of Consideration
Whether the Revisional Authority under Section 18 of the Maharashtra Private Forests (Acquisition) Act, 1975 can reopen the issue of acquisition of land as a private forest after the acquisition has become final under the Act.
Final Decision
The High Court allowed the writ petition, quashed the order dated 4th October 2005 passed by the Minister for Revenue and Forests, and held that the land was not a private forest and the acquisition had become final.
Law Points
- Maharashtra Private Forests (Acquisition) Act
- 1975
- Section 18
- Indian Forests Act
- 1927
- Section 35(3)
- Revisional Authority
- Finality of Acquisition
- Scope of Revision
