Document Fragment View

Matching Fragments

24) In the year 1975, the State legislature passed Maharashtra Private Forest Act, 1975 and it was brought into force on 30th August, 1975. Post certain amendments, the Private Forest Act defines a "Forest" as under:-

[(c-i) ''forest'' means a tract of land covered with trees (whether standing, felled,found or otherwise), shrubs, bushes, or woody vegetation, whether of natural growth or planted by human agency and existing or being maintained with or without human effort, or such tract of land on which such growth is likely to have an effect on the supply of timber, fuel, forest produce, or grazing facilities, or on climate, stream flow,protection of land from erosion, or other such matters and includes--

............

32. In the first place, the scheme clearly shows that under Section 3 all private forests vest in the State Government and since both the expressions --'forest' as well as 'private forest' --have been defined in the Act what vests in the State Government is 'private forest' as per Section 2 (f) and in order to be 'private forest' under Section 2 (f) it must be 'forest' under Section 2 (c-1) in the first instance and read in this manner the expression 'all the private forests' occurring in Section 3 will include 'forest produce.' it is not possible to accept the argument that the word 'forest' occurring in the composite expression 'private forest' should not be given the meaning which has been assigned to it in Section 2 (c-1). Moreover, as stated earlier, the scheme itself suggests that what vests in the State under Section 3 are private forests as defined by Section 2 (f) but such private forests must in the first instance be 'forests' as defined by Section 2 (c-1) and read in that manner the forest produce would vest in the State Government along with the private forest under Section 3 of the Act.

7-WP-1284-20.DOC

33) The Full Bench further held that the scheme of the Private Forest Act itself suggests that what vests in the State under Section 3 are private forests as defined by Section 2 (f) but such private forests must in the first instance be, 'forests' as defined by Section 2 (c-1).

34) The aforesaid exposition of law would indicate that the inquiry envisaged under Section 6 of the Private Forest Act, 1975 would subsume in its fold the primary question as to whether the land is "forest" in the first instance; whether it satisfies the description of "private forest"; whether any private forest or a part thereof is liable to be acquired under Section 3 (1) and the last question would also hinge upon the determination as to whether a portion of land is excluded by operation of Sub Section (2) of Section 3 in respect of land under cultivation not exceeding the ceiling on holdings.

37) In the backdrop of the aforesaid controversy, a Division Bench of this Court after a reference to the relevant provisions of Private Forest Act, 1975 and Section 2 of the Forest (Conservation) Act, 1980 enunciated the law as under:-

"30. Section 2 (c-i) of the State Act defines 'forest' and the decision of the Collector, or the order of the State Government under Section 18, be final "definition is self-explanatory. Section 2(f) of the State Act defines 'private forest' which relates to the property not belonging to the Government and includes any land/forest which is so declared under Section 34A or in respect of which notification under Section 35(1) is in force or in respect of which notice under Section 35(3) has been issued or in respect of which notification under Section 38 has been issued. Thus, on the appointed day i.e. 30.08.1975, the date of coming into force of the State Act, if any proceedings under the provisions of Sections 34A, 35(1), 35(3) or 38 of the Act of 1927 are pending or in force then such land or forest is defined as 'private forest'. The effect of pendency of any such proceeding under the Act of 1927 on the appointed day is given in Section 3 of the State Act which provides for vesting of private forests in the State Government on the appointed day. It is pertinent to note that Section 3(1) states that all private forests in the State shall stand acquired and vest in the State Government which implies that such lands / forests have to be covered by the definition of 'private forest' in Section 2(f) of the State Act. However, in the event if any owner / person is aggrieved and a 7-WP-1284-20.DOC question arises as to whether or not a forest is a private forest or any private forest or portion thereof has vested in the State Government, then under Section 6 of the State Act such owner / person can file an appeal to the Collector and dispute the status of the land as to whether or nor the said land is forest / private forest or whether or not any private forest or portion thereof has vested in the State Government. ........