Bombay High Court

ANSARI WAQAR AHMAD MOHD. YUSUFversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 4 March 2026
Disposal: Disposed Off
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

Laying a pipeline in forest land without Central Government permission is prohibited, and the impugned order rejecting the request is upheld.

Summary

The petitioner filed a writ petition challenging a communication dated 7 June 2022 that rejected his request to lay a pipeline from Lonwade Shivar, citing prohibitions under the Indian Forest Act, 1927 and the Forest (Conservation) Act, 1980. The communication was issued by the Forest Range Officer of Malegaon Region, Nashik. The Court examined whether the rejection was legally sound and whether the petitioner could proceed without Central Government permission. It held that laying a pipeline in forest land is prohibited under the Forest (Conservation) Act, 1980 and that any such activity requires prior permission from the Central Government. Finding no flaw in the impugned order, the Court disposed of the writ petition, granting the petitioner liberty to pursue the appropriate legal steps for permission.

Issues considered

Whether the petitioner may lay a pipeline in forest land without obtaining permission under the Forest (Conservation) Act, 1980
Whether the communication rejecting the petitioner's request is legally valid

Legislation cited

Subjects

pipeline
forest clearance
Forest Conservation Act
Indian Forest Act
central government permission
writ petition
environmental law

Judgment

                                                                       20-WP-504-202.DOC




       Digitally              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       signed by
       SONALI                         CIVIL APPELLATE JURISDICTION
SONALI MILIND
MILIND PATIL
PATIL Date:                           WRIT PETITION NO.504 OF 2024
       2026.03.05
       18:14:50
       +0530

                    Ansari Waqar Ahmad Mohd. Yusuf                     …Petitioner
                          Versus
                    The State of Maharashtra & Anr.                    …Respondents


                    Ms. Aisha Z. Ansari, for the Petitioner.
                    Mr. B. V. Samant, Addl. GP a/w. Mr. M. M. Pable, AGP, for the
                    Respondent-State.


                                          CORAM:      BHARATI DANGRE &
                                                      MANJUSHA DESHPANDE, JJ.
                                          DATED :     4th MARCH 2026
                    PC:


                    1.       The Petitioner is aggrieved by the impugned communication

                    dated 7th June 2022 (Exhibit-D), rejecting the request of the

                    Petitioner to permit laying of pipeline from Lonwade Shivar on the

                    ground of the existing prohibition under the Indian Forest Act,

                    1927 and the Forest (Conservation) Act, 1980.



                    2.       The impugned communication is issued by the Respondent

                    No.2-Forest Range Officer, Malegaon Region, District-Nashik.




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                                                      20-WP-504-202.DOC




3.       On hearing Ms. Ansari, for the Petitioner and the learned

AGP, we do not find any flaw in the impugned order as we note

that if activity of laying down of pipeline in the forest is prohibited

under the Forest (Conservation) Act, 1980, and the Petitioner must

seek necessary permission from the Central Government, if at all

she desires the said permission.



4.       With these observations, we dispose of the Writ Petition with

liberty to the Petitioner to take such appropriate steps as are

available in law.




[MANJUSHA DESHPANDE, J.]                     [BHARATI DANGRE, J.]




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