Bombay High Court
Ganesh Alias Pramod Vinayak Joshi And ... vs State Of Maharashtra Through Revenue ... on 12 August, 2022
Author: Gauri Godse
Bench: G.S. Patel, Gauri Godse
11-ASWP-10475-2018 WITH IA-2476-2021 IN WP-10475-2018+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10475 OF 2018
WITH
INTERIM APPLICATION NO. 2476 OF 2021
IN
WRIT PETITION NO. 10475 OF 2018
WITH
CIVIL APPLICATION (ST) NO. 6935 OF 2019
IN
WRIT PETITION NO. 10475 OF 2018
WITH
INTERIM APPLICATION NO. 2476 OF 2021
SHEPHALI
SANJAY
MORMARE IN
Digitally signed
by SHEPHALI
SANJAY
MORMARE
WRIT PETITION NO. 10475 OF 2018
Date: 2022.08.17
10:22:42 +0530
Ganesh alias Pramod Vinayak Joshi & Ors ...Petitioners
Versus
State of Maharashtra through Revenue and Forest ...Respondents
Department & Ors
WITH
INTERIM APPLICATION NO. 2480 OF 2021
IN
WRIT PETITION NO. 10030 OF 2019
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12th August 2022
11-ASWP-10475-2018 WITH IA-2476-2021 IN WP-10475-2018+.DOC
Vijay Yashwant Abhyankar ...Applicant
In the matter between
Deputy Conservator of Forest, Alibaug, Raigad & ...Petitioners
Ors
Versus
Ganesh alias Pramod Vinayak Joshi & Ors ...Respondents
Mr Vishal Dushing, i/b Vaibhav Salvi, for the Applicants in both IAs.
Mr Vishal Kanade, with Roop Basu, i/b M/s. The Law Point, for the
Petitioner in WP/10475/2018.
Mr Anil D Yadav, i/b Adwait Sethna, for Respondent No. 4 in
WP/10475/2018.
CORAM G.S. Patel &
Gauri Godse, JJ.
DATED: 12th August 2022 PC:-
1. These matters were last before this Court on 13th January 2022 (RD Dhanuka and SM Modak JJ). After consideration of the rival submissions, the following order was passed. The relevant paragraphs, 17 and 18, read thus:
"17. We accordingly pass the following order:-
(i) The Collector shall earmark 35 Hectares from the larger property which is the subject matter of this petition and shall carry out necessary demarcation in the event of the Central Government granting permission under Section 22A of the Forest Act in favour of the petitioner.
(ii) The respondent no.5 shall forward records and files of the proceedings No.22-A/Appeal No.1 of 2012 under Section 22A to the respondent no.4 for granting approval within three weeks from today.Page 2 of 5
12th August 2022 11-ASWP-10475-2018 WITH IA-2476-2021 IN WP-10475-2018+.DOC
(iii) The respondent no.4 shall consider the said application of the Chief Conservator of Forest, Alibaug and shall pass appropriate order within eight weeks from the date of receipt of the said application. The order that would be passed by the respondent no.4 shall be communicated to the petitioner as well as the respondent no.5.
(iv) If the respondent no.4 grants approval in the application of the Chief Conservator of Forest, Alibaug under Section 22A of the Forest Act in respect of 35 Hectares, the Collector shall demarcate the said 35 Hectares and shall convey the decision to the petitioner within eight weeks from the date of communication of the order of the respondent no.4 and shall communicate the order to the petitioner as well as to the respondent no 4 and the respondent no.5 respectively along with plan showing the demarcation within one week from the date of such order and demarcation.
(v) In case the respondent no.4 passes any adverse order against the petitioner, the petitioner would be at liberty to seek amendment in the application after filing appropriate application to challenge such adverse order.
(vi) If the respondent no.4 requires any further clarification or assistance from the petitioner or from the respondent no.5, the same shall be provided expeditiously.
18. It is made clear that whether the petitioner is required to obtain any permission from the Hon'ble Supreme Court in the proceedings referred by the respondent no.4 in the affidavit-in-reply or not, the said issue also to be considered in the order proposed to be passed by the respondent no.4. It is made clear that we have not passed any order in respect of the balance land of the petitioner which is the subject matter of this writ petition."
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2. This order was corrected by an order for speaking to the minutes. That may not need to be immediately material.
3. The matter is listed before us today for compliance. We are informed on behalf of Union of India that by a communication dated 8th August 2022 to the Principal Secretary, Forests, Maharashtra Government, the Ministry of Environment, Forests and Climate Change the Union Government has rejected the proposal for approval under the Forests (Conservation) Act 1980 for restoration of the subject lands to the Applicants. The Union Government has taken a view that such a restoration would amount to a de- reservation and would be contrary to the Supreme Court order dated 13th November 2000 in the matter of Centre for Environment Law, WWF-I v Union of India & Ors. 1 This decision was also cited before the Division Bench on 13th January 2022. A copy of this communication is taken on record and marked "X" for identification with today's date.
4. It is open to the Petitioners to take the necessary steps. This liberty is already been reserved to them in paragraph 17 (5) of the order dated 13th January 2022.
5. Mr Kanade's instructions are that he will seek an amendment of the Petition. We permit the Petitioners to move a draft amendment rather than requiring a formal Interim Application. A copy of the draft amendment should be given to the Advocates for all the Respondents in advance.
1 Writ Petition (C) No. 337 of 1995.
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6. Liberty to the Petitioners to have the matter listed once the draft amendment is prepared and served.
(Gauri Godse, J) (G. S. Patel, J)
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12th August 2022