Bombay High Court
Amit Jitendra DwivediversusState of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The Court permits the petitioners to file a representation before the Deputy Conservator of Forests, to be placed before the Scrutiny Committee for expeditious adjudication.
Summary
The petitioners challenged the mutation of their lands as ‘Private Forests’ alleging that the procedure under Section 35 of the Indian Forest Act, 1927 was not followed. The High Court, recalling its earlier directions in Writ Petition No.1536 of 2017 and Writ Petition No.5344 of 2026, ordered that the petitioners be allowed to file a representation before the Deputy Conservator of Forests. The Court directed that this representation be placed before the Scrutiny Committee established under the Government Resolution dated 13th August 2026. The Scrutiny Committee was mandated to adjudicate the grievance expeditiously. Accordingly, the writ petition was disposed of with the said directions.
Issues considered
- What is the appropriate remedy for petitioners whose lands have been mutated as ‘Private Forests’ without compliance with Section 35 of the Indian Forest Act, 1927?
- Whether the petition can be treated as a representation to be considered by the Scrutiny Committee under the 13th August 2026 Government Resolution?
Legislation cited
- Indian Forest Act, 1927 — s. 35
Subjects
- private forest
- land mutation
- representation
- scrutiny committee
- Indian Forest Act
- grievance redressal
- high court
Judgment
Digitally
signed by
NISHA
NISHA SANDEEP
SANDEEP CHITNIS 15-wp.10130.2025.doc
CHITNIS Date:
2026.09.29
11:30:02
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10130 OF 2025
Amit Jitendra Dwivedi and Ors. ...Petitioners
Versus
State of Maharashtra and Ors. ...Respondents
Mr. Prasad Kulkarni with Mr. C. S. Patil for the Petitioners
Mr. S. H. Kankal, A.G.P. for the Respondent-State.
Ms. Naveena Kumai, with Ms. Aparnaa Rajeshwar S. for the
Respondent No.8-UOI.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 28th SEPTEMBER 2026
P.C. :
1. In the wake of the directions issued by us in a bunch of
Writ Petitions, the lead Petition being Writ Petition No.1536 of 2017,
decided on 23rd July 2026, as well the directions issued in Writ Petition
No.5344 of 2026 decided on 24 th August 2026, we deem it
appropriate to permit the petitioners to prefer a representation to the
Deputy Conservator of Forests and permit the petition to be treated as
a representation to be placed before the Scrutiny Committee which
N. S. Chitnis 1/2
15-wp.10130.2025.doc
shall follow the mandate as set out in the Government Resolution
dated 13th August 2026, issued by the Revenue and Forest Department,
streamlining for redressal of grievance of those who claim that their
lands have been wrongly mutated as ‘Private Forests’ without
following the procedure laid down in Section 35 of the Indian Forest
Act, 1927.
All the proceedings shall be adjudicated by the Scrutiny
Committee in expeditious manner.
With the aforesaid directions, the writ petition stands
disposed of.
ASHISH S. CHAVAN, J. BHARATI DANGRE, J.
N. S. Chitnis 2/2
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