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(3) All private forests vested in the State Government under sub-section (1) shall be deemed to be reserved forests within the meaning of the Forest Act."

"5. Where any private forest stands acquired and vested in the State Government under the provisions of this Act, the person authorized by the State Government or by the Collector in this behalf, shall enter into and take over possession thereof, and if any person resists the taking over of such possession, he shall without prejudice to any other action to which he may be liable, be liable to be removed by the use of such force as may be necessary."

"6. Where any question arises as to whether or not any forest is a private forest, or whether or not any private forest or portion thereof has vested in the State Government or whether or not any dwelling house constructed in a forest stands acquired under this Act, the Collector shall decide the question, and the decision of the Collector shall, subject to the 13 of 27 14 wp-7235.13 decision of the Tribunal in appeal which may be preferred to the Tribunal within sixty days from the date of the decision of the Collector, or the order of the State Government under section 18, be final."

(emphasis added)

17. Now, it will be necessary to make a reference to the decision of the Apex Court in the case of Godrej. Paragraph 1 of the said decision reads thus :-

" The principal question for consideration is whether the mere issuance of a notice under the provisions of Section 35(3) of the Forest Act, 1927 is sufficient for any land being declared a "private forest" within the meaning of that expression as defined in Section 2( f ) ( iii ) of the Maharashtra Private Forests (Acquisition) Act, 1975. In our opinion, the question must be answered in the negative. Connected therewith is the question whether the word "issued" in Section 2( f ) ( iii ) of the Maharashtra Private Forests Acquisition Act, 1975 read with Section 35 of the Forest Act, 1927 must be given a literal interpretation or a broad meaning. In our opinion the word must be given a broad meaning in the surrounding context in which it is used. A tertiary question that arises is, assuming the disputed lands are forest lands, can the State be allowed to demolish the massive constructions made thereon over the last half a century? Given the facts and circumstances of these appeals, our answer to this question is also in the negative."

22. We must make it clear that we have examined the issues raised only in the context of the contention in the impugned notice dated 19th June, 2013 that the said lands constituted private forests under the said Act of 1975 on the basis of the notice dated 5 th November, 1958 under Sub-Section (3) of Section 35 of the said Act of 1927. We make it clear that we have not examined the question of applicability of the provisions of the said Act of 1927 and the said Act of 1980 on any other ground. We have made no adjudication on the status of the said lands except the issue whether the same are private forests in accordance with Sub-Clause (iii) of Clause (f) of Section 2 of the said Act of 1927. The finding recorded in this Judgment is only to the extent that the said lands bearing Gat Nos.310 and 311 are not "private forests" within the meaning of Sub-Clause (iii) of Clause (f) of Section 2 of the said Act of 1975 and did not vest in the State 26 of 27 27 wp-7235.13 Government under Section 3 of the said Act of 1975.