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Bombay High Court

KOVITUR PATTABIRAMAN SEKARAM AND ANRversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court holds that the Government Resolution constituting the Scrutiny Committee complies with its earlier directions and the applicable statutory and Supreme Court requirements, and therefore the petition is disposed.

Summary

Several writ petitions were filed challenging the State's handling of private forest lands under the Indian Forest Act, 1927 and the Maharashtra Private Forest (Acquisition) Act, 1975. The High Court had earlier directed the State to set up a Scrutiny Committee to examine cases for compliance with Section 35 of the 1927 Act and Section 22A of the 1975 Act, referencing Supreme Court decisions in Godrej & Boyce and Rohan Nahar. On 13‑08‑2026 the Revenue and Forest Department issued a resolution constituting such a Committee with specified terms of reference and procedures. The Court examined the resolution, found it consistent with its earlier directions and the Supreme Court precedents, and accepted it as satisfactory. Consequently, the Court disposed of the writ petition, ordering the State to implement the Committee’s decisions and to rectify mutation entries where required, while also disposing of any interim applications.

Issues considered

  • Whether the State Government has complied with the High Court's earlier directions to constitute a Scrutiny Committee for private forest matters.
  • Whether the Government Resolution dated 13‑08‑2026 adequately incorporates the procedural requirements of Section 35 of the Indian Forest Act, 1927 and Section 22A of the Maharashtra Private Forest (Acquisition) Act, 1975.
  • Whether the Committee’s proposed methodology aligns with the Supreme Court judgments in Godrej & Boyce and Rohan Nahar.

Legislation cited

Subjects

  • private forest
  • forest land acquisition
  • Indian Forest Act
  • Maharashtra Private Forest Act
  • Scrutiny Committee
  • writ petition
  • mutation entry
  • land vesting
  • Supreme Court precedent

Judgment

                                                                                      12-WP-10885-2026.odt


                  rajshree


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION
                                                     WRIT PETITION NO.10885 OF 2026


                                 Koviur Pattabiraman Sekaran & Anr.                       ..Petitioners
                                               V/S
                                 The State of Maharashtra,
                                 Through Secretary, Revenue & Forest Dept. & Ors.         ..Respondents


                                 Mr.Rohan Kadam i/b Mr.Vishwajeet Mohite, Mr.Ketan Joshi and
                                 Ms.Rucha Vaidya for the Petitioners.
                                 Mr.Karan S. Thorat, B Panel counsel for the State.


                                                           CORAM : BHARATI DANGRE &
                                                                   ASHISH S. CHAVAN, JJ

                                                           DATE     : 25th AUGUST 2026

                                 ORDER (PER BHARATI DANGRE, J) :

                                 1        In the wake of the directions issued by us in a bunch of Writ
                                 Petitions, the lead Petition being WP No.1536/2017, decided on
                                 23/07/2026, we expected the State Government to adopt a
                                 systematic approach to deal with the issue of ‘Private Forest’ as
                                 several Writ Petitions were instituted before this Court in the past
                                 and are still pending for consideration, which involve the said
                                 issue.
                                          While dealing with the said Writ Petitions, we find the cases
                                 to be governed by the decision of the Hon’ble Apex Court                 in

RAJSHREE   Digitally signed by
           RAJSHREE KISHOR
                                 Godrej & Boyce Mfg. Co. Ltd. & Anr. vs. State of Maharashtra &
KISHOR     MORE
           Date: 2026.08.29
MORE       18:18:31 +0530




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Ors.1, and once again very recently in the case of Rohan Vijay
Nahar & Ors. vs. State of Maharashtra & Ors .2 and despite this,
since the issue as regards      whether the procedure prescribed
under Section 35 of the Indian Forest Act, 1927 (for short ‘the
Act of 1927)         has been adhered to,    was required to be
scrutinized by the High Court, we expected the State Government
to constitute a Committee to scrutinize all such cases, which have
the involvement of private forest and also covering the aspect of
vesting as well as restoration of the land under Section 22A of
the Maharashtra Private Forest Act, 1975, and we made an
earnest request to the learned Advocate General to advise the
Government.


2     Today, the Additional Government Pleader has placed before
us a Government Resolution issued by the Revenue and Forest
Department dated 13/08/2026 implementing the said direction
and we have taken the Government Resolution on record.


3     The learned counsel Mr.Rohan Kadam representing the
Petitioners,    on going through the Government Resolution, has
expressed his satisfaction over the mechanism      that has been
culled out.
      We must also appreciate the efforts taken by the learned
Advocate General Dr.Milind Sathe in advising the Government
resulting into constitution of the Committee by the Government
Resolution, which definitely would reduce the burden upon this
Court in determining the issue which is already put to rest by
1 (2014) 3 SCC 430
2 (2026) 2 SCC 182


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the decisions of the Apex Court and by this Court. Now, it is the
turn of the Government to follow the mandate of law laid down
as regards the applicability of the provisions of Maharashtra
Private Forest (Acquisition) Act, 1975 and vesting of the land in
the Government as well as the restoration of land under Section
22A of the Act of 1975.


4    The Government Resolution has constituted a Committee
under the Chairmanship of the Principal Chief conservator
(Forest Force) Nagpur, alongwith Additional Chief Conservator of
Forest, Nagpur, as Member, Deputy Conservator of Forest, Pune
as its Secretary and other Members of the Committee shall be
invited as and when       need   arises, which would include legal
advisers, government officials etc.
     The     terms of the reference of the said Committee are
specifically set out with reference to the direction of this Court
dated 23/07/2026 in the backdrop of the provisions of the Indian
Forest Act, 1927 and Maharashtra Private Forest (Acquisition)
Act, 1975.
     The methodology to be adopted is also specified by setting
out that those owners/occupants who have any grievance, shall
approach the concerned Deputy Conservator of Forest, who shall
in turn forward the proposal to the Scrutiny Committee, within a
period of 8 days from its receipt.
     Upon the necessary material available being perused and on
consideration of the submission in writing, if any, the Committee
shall scrutinize the proposals/representations, in the wake of the
directions issued by this Court in its Judgment dated 23/07/2026

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and a decision shall be arrived at.   This decision shall be placed
before the State Government for appropriate consideration.
     As per the Government Resolution, the Scrutiny Committee
shall conduct its sitting once in every 15 days and shall have all
assistance and necessary infrastructure being attached to it.


5    While scrutinizing the proposals, if the Committee require
assistance of the Advocate representing the Parties in order to
ascertain certain factual aspects or when the Committee is of the
view that the case do not fall within the four corners of law as
laid down , it shall be imperative for it to grant an opportunity of
hearing to the Advocates representing the Parties.
     We expect the entire exercise        to be completed by the
Department with expediency, since the issue involved in the Writ
Petitions is pending for a considerable length of time and in our
view despite clear directions being issued about the parameters
that would govern acquisition of Private Forest. We, therefore,
expect utmost promptitude on behalf of the State Government.
     On culmination of the proceedings, if the decision is arrived
at to delete the entry of ‘Private Forest’ or any other ancillary
entry in relation thereto, we expect the State Government to
issue specific directions to rectify the mutation entries forthwith.

6    We must note that       though the Government Resolution
state that the scrutiny of the proposals shall be based upon the
decision of this Court dated 23/07/2026, we clarify that the
Scrutiny Committee shall also take into consideration            the
decisions of the Hon’ble Apex Court in case of Godrej & Boyce


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(supra) and Rohan Nahar (supra) since its reference has come in
the decision delivered by us on 23/07/2026.


7    Since we find that several Writ Petitions are pending before
us, while we dispose of the Writ Petitions, we permit the copies of
the Petitions to be treated as representations by the concerned
Deputy Conservator of Forest and the said representations shall
be taken as trigger point for the Scrutiny Committee to follow and
conclude the procedure contemplated in the Government
Resolution,   to   receive   a   final   approval   from    the   State
Government.
     Needless to state that, if in some case the Scrutiny
Committee as well as the Government hold against the Petitioner,
the Petitioners are entitled to approach this Court by seeking
appropriate relief.


8    In light of the aforesaid, by accepting the compliance of the
directions issued by us in WP No. 1536/2017 (Valuable Properties
Pvt. Ltd. Through the Director and Anr. vs. The State of Maharashtra
Through Its Secretary and Ors.) in form of Government Resolution
dated 13/08/2026, we dispose of the Writ Petition in the aforesaid
terms.
     Interim Applications, if any, also stand disposed of.




[ASHISH S. CHAVAN, J.]                     [BHARATI DANGRE, J.]




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