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Bombay High Court

SMT. THERESA JOHN D'SOUZA AND ANR.versusSTATE OF MAHARASHTRA THROUGH THE SECRETARY AND ORS.

Decided
Disposal
Disposed Off

Holding

Land cannot be declared a ‘Private Forest’ and vested in the State unless the notice and hearing procedure prescribed under Section 35 of the Indian Forest Act is strictly complied with.

Summary

Theresa John D'souza and another, residents of Village‑Chon, filed Writ Petition No.11534 of 2018 seeking relief against the State of Maharashtra’s claim that certain lands had automatically become ‘Private Forests’ and vested in the State. The Court observed that the State’s reliance on a misconstrued interpretation of Section 3 of the Private Forest Act, 1975, ignored the mandatory procedure under Section 35 of the Indian Forest Act, 1927, which requires notice to the landowner and an opportunity to be heard. Supreme Court precedents – Godrej & Boyce (2014) and Rohan Vijay Nahar (2025) – were reiterated, holding that without compliance with the notice‑and‑hearing process, a declaration of private forest cannot stand. The Court directed the State to constitute a committee headed by a Deputy Conservator of Forests to scrutinise all such cases, to issue proper notices, and to correct revenue records where owners’ names were wrongfully removed. Consequently, the petition was made absolute and all related interim applications were disposed of.

Issues considered

  • What is the correct procedure for vesting land as ‘Private Forest’ under the Private Forest Act, 1975 and the Indian Forest Act, 1927?
  • Does the State’s assertion that land automatically became ‘Private Forest’ on 30‑08‑1975 comply with Supreme Court precedent?
  • Are the pending revenue entries and forest notifications valid absent compliance with Section 35 notice requirements?

Legislation cited

  • Indian Forest Act — s. 35
  • Indian Forest (Control Over Forests and Lands (not belonging to Government (Bombay Area) Rules, 1950)
  • Private Forest Act, 1975 — s. 2(f)(i)(ii), 3

Subjects

  • Private Forest
  • Vesting of land
  • Indian Forest Act
  • Section 35 notice
  • Supreme Court precedent
  • Revenue records
  • Forest law

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.10.01
          11:55:25
          +0530
                                                         1/6                  10 WP.11534.2018.odt

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 11534 OF 2018

                       Theresa John D'souza & Anr.                     ..   Petitioners
                                             Versus
                       State of Maharashtra & Ors.                     ..   Respondents
                                                               …
                       Mr. Vasudeo Gangal, for the Petitioners.
                       Mr. Karan S. Thorat, ‘B’ Panel Counsel a/w Mr. M. M. Pable,
                       AGP, for the State.
                                                               ...
                                               CORAM: BHARATI DANGRE &
                                                      ASHISH S. CHAVAN, JJ.
                                               DATE    : 28th SEPTEMBER, 2026

                       P.C:-

                       1.          The present Writ Petition filed by the two Petitioners,

                       residents of Village- Chon, was inadvertently not heard with

                       the group of Writ Petitions which were heard over a period of

                       about three months and finally adjudicated by the Judgment

                       dated 23.07.2026.           In the said judgment, we dealt with 27

                       cases of Village- Chon and we have allowed the Writ Petitions

                       with the following reasoning:


                                                    (M) THE CONCLUSION
                                    104 We have clubbed 184 Writ Petitions and on
                                    classifying them into different categories/classes, have
                                    segregated them as above.


                       Rushikesh
                                 2/6                   10 WP.11534.2018.odt

                 However, we deem it necessary to note that the
            exercise undertaken by us in most of the cases was
            nothing but applying the law laid down by the Hon’ble
            Apex Court as well as this Court governing the vesting
            of ‘Private Forest’ in the State, preceded by the
            procedure to be followed under Section 35 of the Indian
            Forest Act and the Indian Forest (Control Over Forests
            and Lands (not belonging to Government (Bombay
            Area) Rules, 1950, which has specifically carved out the
            procedure as to how the notice shall be issued to the
            owner.
                 It is really unfortunate to note that despite a clear
            ruling from the three Judge Bench of the Apex Court as
            early as in 2014 and down the line after a decade a
            decision being delivered in Rohan Vijay Nahar (supra),
            when the Apex Court reiterated its earlier verdict to the
            effect that for a declaration that the land vest in the
            State Government as ‘Private Forest’ under Section 3 of
            the Act of 1975, it is necessary to adhere to the
            procedure prescribed viz. issuance of notice to the land
            owner, with an opportunity to afford him to show cause
            as to why the land shall not be declared as a ‘Forest’
            and the objections being raised to be duly considered by
            the Committee specifically constituted in this regard/by
            an Officer authorized to hear the objections and only
            thereafter, a Notification shall be issued under sub-
            section (1) of Section 35 of the Forest Act. In absentia,
            the deeming effect contemplated under Section 3 of the
            Act of 1975 resulting into vesting of ‘Private Forest’ in
            the State Government, shall not happen and the attempt
            on part of the State, who assume that on 30/08/1975
            whichever land was a ‘Forest’ automatically becomes


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            ‘Private Forest’ and vest in the State Government is a
            misconception.     The     State Government continued to
            reel under this misconception for a considerable period
            of time and at least for more than a decade and it
            repeatedly adopted the same stand when the two
            important decisions were delivered, first, in the year
            2014 and recently in the year 2025 and we are
            surprised to note that even when the law declared in
            Godrej and Boyce (supra) is reiterated in Rohan Vijay
            Nahar (supra). The State continued with its obstinacy
            even today, which is reflected through the Affidavits
            filed before us.
                 It is a different aspect that we have repelled their
            contention and did not accept its plea, which is already
            put to rest not only by the Apex Court, but before
            various Division Benches of this Court, when it was
            categorically ruled that it is necessary to follow the
            procedure prescribed under Section 35 of the Indian
            Forest Act before a forest is declared as a ‘Private
            Forest’ and it is brought within the purview of Section
            2(f)(i)(ii) of the Private Forest Act, 1975 and deemed
            to have been acquired and vested in the State
            Government, free from all encumbrances.
            105 It is a matter of serious concern that despite the
            clear pronouncement from the Apex Court, the State
            Government is persistent in its stand and during the
            course of hearing of the Petitions, on one occasion when
            the learned Advocate General for the State, Dr. Milind
            Sathe was present, we apprised him of the volume of
            work that is lying in this Court because of the defiant
            approach of the State Government, as it is not ready to
            still accept the law laid down by the highest Court of this


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            country.
                 We are conscious of the fact that by virtue of
            Article 141 of the Constitution of India, the law declared
            by the Supreme Court bind all the Courts within the
            territory of India, but we only want to remind the State
            Government of yet another significant article in the
            Constitution viz. Article 144, which provide that all
            authorities Civil and Judicial, in the territory of India
            shall act in aid of the Supreme Court.
                 We only, therefore, hope and trust that the State
            Government shall follow the mandate laid down by the
            Apex Court and we must also express that though we do
            not take pleasure in summoning the Officers of the State
            Government before us and once the law has been laid
            down we expect the same to be followed by one and all,
            as no one is above law, and particularly when it is laid
            down by the highest Court of this Country and if it is not
            complied with, the Courts are not powerless to take
            cognizance of its breach.
            106 We must express that, now once again we have not
            laid down any position of law, but have only followed the
            principle that has been laid down by the Hon’ble Apex
            Court in Godrej & Boyce (supra) as well as in the case of
            Rohan Vijay Nahar (supra).
                 We expect the State Government to follow the same
            and it shall take care that we are not burdened with
            more cases only because in view of the State
            Government, the law is not settled and it is still open for
            the Government to expect some novel argument to be
            canvassed.
            107 To make things simple and effortless, we expect the
            State Government to constitute a Committee to


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            scrutinize all such cases which according to the State
            Government involve the issue of ‘Private Forest’ under
            the Act of 1975, covering the aspect of vesting as well as
            restoration of the land and before the Petitioners
            approach this Court, we expect the Committee under
            the aegis of an Officer not lower than the rank of the
            Deputy Conservator of Forest to scrutinize the matters.
                 This we say so because once the parameters are
            laid down by the Apex Court, the facts of the cases are
            to be fitted into those parameters and a solution has to
            be arrived at.
                 It is high time that the State Government should
            be conscious of the fact that, if a flaw lies at its end, as
            there is no service of notice under Section 35(3) upon
            the owners in the manner prescribed and there is no
            Notification published under Section 35(1) or even
            when the Notification is published without adhering to
            the procedure, there can be no declaration about any
            land to be ‘Private Forest’ and there is no question of the
            name of the State Government being mutated in the
            Land Records.
                 We also direct the State Government to scrutinize
            all such cases which are pending before it and if they fall
            within the principle of law laid down to the aforesaid
            effect, then appropriate directions shall be issued to the
            Revenue Department to correct the Revenue entries by
            restoring the name of owners/occupiers.
            108 We request the learned Advocate General Dr.Milind
            Sathe   to   apprise   the   Higher-ups    in   the    State
            Government, particularly involving the Revenue and
            Forest Department, to take such necessary steps so that
            we are not called upon to decide upon the said issue,


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             which once and for all is put to rest by us.
             109 In the wake of the aforesaid, all the Writ Petitions
             before us are disposed of in the manner indicated in the
             Judgment.
                  No order as to cost.
                  In the wake of disposal of Writ Petitions, pending
             Interim Applications also stand disposed of.


2.          Learned counsel, Mr. Gangal, makes a specific statement

before us that the Writ Petition is governed by the said

observation of the Division Bench, but since this Writ Petition

was dismissed for want of prosecution, it was not tagged

alongwith the other Writ Petitions of Village- Chon.

            Upon an Interim Application being filed, the Writ Petition

was restored to its file and the condition of deposit of cost of

Rs.10,000/- has also been complied with.

            The learned Government Advocate does not dispute that

the facts in the Writ Petition are identical to the ones

pertaining to Village- Chon and in regard to which the issue

has been put to rest by judgment dated 23.07.2026.

            In the wake of the aforesaid, the Writ Petition is made

absolute in terms of prayer clause (a) and (d), for the reasons

recorded in the judgment dated 23.07.2026.




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

Rushikesh


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