Bombay High Court

PAWAN RADHESHYAM GUPTA AND ORSversusTHE STATE OF MAHARASHTRA THORU. ITS PRINCIPAL SEC. REVENUE AND FOREST DEPT AND ORS

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The petition is disposed of, directing that the petitioners may file a representation before the Deputy Conservator of Forests and that the Scrutiny Committee shall adjudicate the grievance expeditiously.

Summary

The petitioners challenged the mutation of their land into "Private Forest" by the Revenue and Forest Department, alleging that the procedure prescribed under Section 35 of the Indian Forest Act, 1927 was not followed. The High Court noted its earlier directions in Writ Petition No.1536 of 2017 and Writ Petition No.5344 of 2026, which dealt with similar grievances. It directed that the petitioners be allowed to file a representation before the Deputy Conservator of Forests, and that the matter be placed before the Scrutiny Committee established under the Government Resolution dated 13 August 2026. The Court emphasized that the Scrutiny Committee must adjudicate such matters expeditiously. Accordingly, the writ petition was disposed of, with the procedural remedy granted to the petitioners.

Issues considered

Whether the mutation of land as "Private Forest" without compliance with Section 35 of the Indian Forest Act, 1927 is valid.
Whether the petitioners are entitled to a representation before the Deputy Conservator of Forests and adjudication by the Scrutiny Committee.

Legislation cited

Indian Forest Act, 1927 — s. 35

Subjects

land mutation
private forest
Indian Forest Act
Section 35
scrutiny committee
grievance redressal

Judgment

Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.09.02
15:32:20 1/2 19 WP.11102.2026.doc
+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 11102 OF 2026

Pawan Radheshyam Gupta & Ors. .. Petitioners
Versus
The State of Maharashtra & Ors. .. Respondents
…

Mr. R. D. Soni i/by M/s. Ram & Co., for the Petitioners.
Mr. Karan S. Thorat, ‘B’ Panel Counsel, for the Respondent-
State.
...

CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.

DATED : 31st AUGUST, 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 shall follow the
mandate as set out in the Government Resolution dated 13 th
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

Rushikesh
2/2 19 WP.11102.2026.doc

Indian Forest Act, 1927.

All the proceedings shall be adjudicated by the Scrutiny
Committee in an expeditious manner.

With the aforesaid directions, the Writ Petition stands
disposed of.

(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)

Rushikesh

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