Bombay High Court
Jasbirsingh Chanchalsingh Bhullar And ... vs The State Of Maharashtra Thr Its ... on 18 January, 2023
Author: K. R. Shriram
Bench: K. R. Shriram
Rajeshri Aher 1/2 9 wp 9752 of 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9752 OF 2021
Jasbirsingh Chanchalsingh Bhullar & Ors. ...Petitioners
V/s.
State of Maharashtra Thr. Its. Secretary and
Ors. ...Respondents
....
Mr.Vasudeo A. Gangal, Advocate for Petitioners.
Mr.K.S. Thorat, AGP a/w Mr.A.I. Patel, Addl. AGP for Respondents-
State.
....
CORAM : K. R. SHRIRAM &
RAJESH S PATIL, JJ.
DATED : 18th JANUARY 2023
P.C.:
Mr.Thorat submitted that even if one accepts the averments in the Petition as they are as 2H 60R land was returned to the original owners, the status of the said land as forest cannot be changed. Mr.Thorat states that once a forest it is always a forest and if it is with the Government it will be a forest and if it is with private Digitally signed by RAJESHRI RAJESHRI PRAKASH individuals, it will be a private forest. Mr.Thorat submitted that by PRAKASH AHER AHER Date:
2023.01.20 18:02:58 +0530 virtue of the Resolution dated 8th December 2017, copy whereof is annexed to the affidavit-in-reply filed through one Gajanan Vithal Rajeshri Aher 2/2 9 wp 9752 of 2021.doc Sanap affirmed on 5th December 2022, though there is no prohibition of any sort in the purchase or sale of the said restored land, if the use on the said land is required to be changed for other than forest use, then the purchasers will have to obtain prior permission of the Central Government under Forest (Conservation) Act, 1980.
2 At this point Mr.Gangal requested the matter be stood over to enable him to consider whether the Notification itself remains valid and if so, to amend the Petition to challenge the Notification itself. According to Mr.Gangal, the Notification is contrary to the provisions of the Indian Forest Act read with the Maharashtra Private Forests (Acquisition) Act, 1975.
3 Stand over to 1st February 2023 for directions. (RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)