Bombay High Court

MUKUND YASHWANT MOJAD AND ORSversusSTATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The Court held that the petitioners may file a representation to the Deputy Conservator of Forests and that the petition shall be treated as a representation before the Scrutiny Committee for prompt adjudication.

Summary

The petitioners alleged that their lands had been incorrectly mutated as ‘Private Forest’ without following the procedure prescribed in Section 35 of the Indian Forest Act, 1927. The High Court, recalling its earlier directions in Writ Petition No.1536 of 2017 and Writ Petition No.5344/2026, permitted the petitioners to file a representation before the Deputy Conservator of Forests. The Court further directed that the petition be treated as a representation before the Scrutiny Committee established under the Government Resolution of 13 August 2026. The Scrutiny Committee was instructed to adjudicate the matter expeditiously. Accordingly, the writ petition was disposed of, and any interim applications were also dismissed.

Issues considered

Whether the mutation of the petitioners' lands as ‘Private Forest’ was done without compliance with Section 35 of the Indian Forest Act, 1927.
Whether the petitioners may be allowed to file a representation before the Deputy Conservator of Forests and have the matter decided by the Scrutiny Committee under the 13 August 2026 Government Resolution.

Legislation cited

Indian Forest Act, 1927 — s. 35

Subjects

land mutation
private forest
Indian Forest Act
representation
scrutiny committee
grievance redressal
forest law

Judgment

                                                          1/2                   10 WP 11257-26.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

MANALI
           Digitally signed
           by MANALI
         PRASANNA
                                             WRIT PETITION NO. 11257 of 2026
         TILAK
PRASANNA Date:
TILAK    2026.09.03
           18:51:23
           +0530



                              Mukund Yashwant Mojad and ors               ..   Petitioners
                                                Versus
                              State of Maharashtra thru Secretary         ..   Respondents
                              and ors
                                                            …

                              Mr.Rajesh N. Kachare for the petitioners.
                              Mr.M.M. Pable, AGP for the State.

                                                 CORAM : BHARATI DANGRE &
                                                          ASHISH S. CHAVAN, JJ
                                                 DATED : 2nd 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 as the directions
                              issued in Writ Petition No.5344/2026 decided on 24/08/2026,
                              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, streaming
                              for redressal of grievance of those who claim that their lands
                              have been wrongly mutated as ‘Private Forest’ without

                              Tilak
                              2/2                 10 WP 11257-26.doc


following the procedure laid down in Section 35 of the Indian
Forest Act, 1927.
        All the pleadings shall be adjudicated by the scrutiny
committee in expeditious manner.
        With the aforesaid directions, the Writ Petition stands
disposed of.
        Interim Application, if any, also stands disposed of.


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




Tilak

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