Bombay High Court
AKASH NANDKISHOR KAGLIWALversusTHE STATE OF MAHARASHTRA THR SEC. FOREST DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the State must constitute a Scrutiny Committee to examine private forest matters in accordance with the provisions of the Indian Forest Act, 1927 and the Maharashtra Private Forest (Acquisition) Act, 1975, as mandated by its earlier judgment.
Summary
The Bombay High Court heard a large batch of writ petitions concerning the status of private forest lands in Maharashtra. The Court noted that the matters are governed by the Supreme Court decisions in Godrej & Boyce Mfg. Co. Ltd. & Anr. v. State of Maharashtra and Rohan Vijay Nahar & Ors. v. State of Maharashtra, as well as its own earlier judgment dated 23 July 2026. It observed that the procedural requirements of Section 35 of the Indian Forest Act, 1927 and Section 22A of the Maharashtra Private Forest (Acquisition) Act, 1975 must be complied with. The Court accepted a Government Resolution dated 13 August 2026 that constitutes a Scrutiny Committee headed by the Principal Chief Conservator of Forests to examine all pending private‑forest cases. The Committee is to receive representations, hold hearings, and forward its decisions to the State Government for action, including correction of mutation entries. Accordingly, the Court disposed of all the listed writ petitions, directing the State to implement the Committee mechanism expeditiously.
Issues considered
- The applicability of Section 35 of the Indian Forest Act, 1927 to private forest cases
- Whether the procedures under Section 22A of the Maharashtra Private Forest (Acquisition) Act, 1975 have been followed
- The need for a statutory committee to scrutinize pending private forest petitions
Legislation cited
Subjects
- private forest
- Indian Forest Act
- Maharashtra Private Forest Act
- land acquisition
- mutation
- scrutiny committee
- writ petition
- environmental law
Judgment
11-WP-5344-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(SR.NO.11)WRIT PETITION NO.5344 OF 2026
Akash Nandkishor Kagliwal ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.12)WRIT PETITION NO.5346 OF 2026
Akash Nandkishor Kagliwal ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.13)WRIT PETITION NO.5347 OF 2026
Akash Nandkishor Kagliwal ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.14)WRIT PETITION NO.5352 OF 2026
Sweta Akash Kagliwal ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.29)WRIT PETITION NO.5332 OF 2026
Rajeshwari Vedvyas Pai & Anr. ....Petitioners
KISHOR
Digitally signed
RAJSHREE by RAJSHREE
KISHOR MORE
V/S
MORE Date: 2026.08.29
18:19:48 +0530
1/21
11-WP-5344-2026.odt
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.42)REJECTED CASE NO.1708 OF 2017
Sanjay Chhotalal Ajmera & Anr.. ....Petitioners
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(SR.NO.42)WRIT PETITION NO.11487 OF 2015
Madhu Ashokkumar Gad & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
(SR.NO.44)WRIT PETITION NO.1295 OF 2020
WITH
INTERIM APPLICATION (ST) NO.4363 OF 2021
Shilpa Pankaj Kothari ....Petitioner
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(SR.NO.44)WRIT PETITION NO.1297 OF 2020
Pankaj Navinchandra Kothari ....Petitioner
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.3597 OF 2026
Gyandrakumar Das & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
2/21
11-WP-5344-2026.odt
WITH
(SR.NO.46)WRIT PETITION(ST) NO.5580 OF 2026
Devendra Mukund Dewasthal ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.3600 OF 2026
Bharat Narsu Pawar & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.3598 OF 2026
Balu Narayan Garud & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.3599 OF 2026
Shamrao Laxman Palekar & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2921 OF 2026
Jerestin Bomi Hansotiya & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2915 OF 2026
Ashutosh Arora Through POA ....Petitioner
3/21
11-WP-5344-2026.odt
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.3597 OF 2026
Gyandrakumar Das & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2903 OF 2026
Mahadev Damji Patel ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2906 OF 2026
Jagdish Anant Kamat & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2910 OF 2026
Manoj Sainani ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2908 OF 2026
Sandip Kisan Bhaye ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
4/21
11-WP-5344-2026.odt
WITH
(SR.NO.46)WRIT PETITION NO.2899 OF 2026
Shehnaaj Gustaabji Jhariri ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2904 OF 2026
Somnath Bhiku Kalekar ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2924 OF 2026
Shehnaaj Gustaabji Jhariri ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2925 OF 2026
Shankar Baburao Kalekar & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2905 OF 2026
Nidhi Rakesh Mehta & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2902 OF 2026
Rajesh Subhash Mehta ....Petitioner
5/21
11-WP-5344-2026.odt
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2920 OF 2026
Vimla Motilal Oswal & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.46)WRIT PETITION NO.2922 OF 2026
Vanita Siddharth Bhandari ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.48)WRIT PETITION NO.3694 OF 2026
Prime Estate Pvt. Ltd. ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.49)WRIT PETITION NO.4008 OF 2026
Shanti Chopra ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.52)WRIT PETITION NO.5381 OF 2026
Karan Kadir Shaikh & Ors. ....Petitioners
V/S
The State of Maharashtra,
6/21
11-WP-5344-2026.odt
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.54)WRIT PETITION NO.5422 OF 2026
Majihar Yakub Contractor & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.54)WRIT PETITION NO.5545 OF 2026
Mangesh Kisan Murhe ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.55)WRIT PETITION NO.5834 OF 2026
Nitin Shamrao Palekar & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.56)WRIT PETITION NO.5837 OF 2026
Narayan Pandudrang Patil
Deceased through LRs & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.57)WRIT PETITION NO.7235 OF 2026
Paresh Indravan Mujumdar & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
7/21
11-WP-5344-2026.odt
WITH
(SR.NO.58)WRIT PETITION NO.7382 OF 2026
Santoshkumar Ramrichpal Gupta ....Petitioner
V/S
The State of Maharashtra,
Through Principal Secretary, Revenue & Forest
Dept. & Ors ..Respondents
WITH
(SR.NO.59)WRIT PETITION NO.7625 OF 2026
Saurabh Joma Tandel & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.60)WRIT PETITION NO.7630 OF 2026
Narendra Lakshmanprasad Sharama & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.61)WRIT PETITION NO.8108 OF 2026
Pralhad Laxman Jadhav ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.62)WRIT PETITION NO.8167 OF 2026
Batul Shabbir Nuruddidn Alias
Batul Aliasager Ezzuddin & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
8/21
11-WP-5344-2026.odt
WITH
(SR.NO.63)WRIT PETITION NO.8168 OF 2026
Chetan Gulab Jedhe & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.64)WRIT PETITION NO.8170 OF 2026
Rekha Ajay Khemka ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.65)WRIT PETITION NO.8177 OF 2026
Ajay Popatlal Shah ....Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.66)WRIT PETITION NO.8184 OF 2026
Nitin Raghunathrao Somwanshi & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.67)WRIT PETITION NO.8632 OF 2026
Ganesh Dagdu Patil ....Petitioner
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
9/21
11-WP-5344-2026.odt
WITH
(SR.NO.67)WRIT PETITION NO.9770 OF 2026
Chandrakant Balvantray Shah Through PoA ....Petitioner
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(SR.NO.67)WRIT PETITION NO.3696 OF 2026
Prem R Raheja ....Petitioner
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(SR.NO.68)WRIT PETITION NO.8725 OF 2026
Sharadchandra Tibriwal ....Petitioner
V/S
The State of Maharashtra,
Through its Secretary, & Ors. ....Respondents
WITH
(SR.NO.69)WRIT PETITION NO.10066 OF 2026
Vikas Laxman Patil ....Petitioner
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(SR.NO.71)WRIT PETITION NO.10093 OF 2026
Pooja Dipak Kadu & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(SR.NO.70)WRIT PETITION NO.10078 OF 2026
Naresh Aggarwala & Ors. ....Petitioners
10/21
11-WP-5344-2026.odt
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(SR.NO.74)WRIT PETITION NO.10215 OF 2026
Rohan H. Kilachand & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(SR.NO.76)WRIT PETITION(ST) NO.21049 OF 2026
Bharat Ganpathy & Anr. ....Petitioners
V/S
The State of Maharashtra,
Through Principal Secretary, Forest Dept. & Ors.....Respondents
WITH
(NOB TOB) WRIT PETITION(ST) NO.24543 OF 2026
Shehnaz Sagar Shaikh ….Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION(ST) NO.24541 OF 2026
Bilkis Kadir Shaikh ….Petitioner
V/S
Chief Conservator of Forest, Pune & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.10426 OF 2026
Harvinder Singh Anand ….Petitioner
V/S
The State of Maharashtra,
11/21
11-WP-5344-2026.odt
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.13048 OF 2018
Sunanda Sudhir Deshmukh & Ors. ….Petitioners
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.4865 OF 2019
Rekha Ravindra Sawant ….Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.3146 OF 2026
Gwendoline Maria Fernandes ….Petitioner
V/S
The State of Maharashtra,
Through Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.8276 OF 2026
Satish Vasant Mhatre & Ors. ….Petitioners
V/S
The State of Maharashtra,
Through Mantralaya & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.9173 OF 2026
Magpie Chemulzans
Through Proprietor Satish Mhatre ….Petitioner
V/S
The State of Maharashtra,
Through Secretary, Revenue & Forest Dept. & Ors. ....Respondents
12/21
11-WP-5344-2026.odt
WITH
(NOB TOB) WRIT PETITION NO.4330 OF 2026
Bharat Sudam Bradwade & Ors. ….Petitioners
V/S
The State of Maharashtra,
Through its Secretary, & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.4332 OF 2026
Vanita Siddharth Bhandari & Ors. ….Petitioners
V/S
The State of Maharashtra,
Through its Secretary, & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.4333 OF 2026
Niranjan Umeshchandra Joshi ….Petitioner
V/S
The State of Maharashtra,
Through its Secretary, & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.3695 OF 2026
Bhagwan Shankar Gaikwad & Anr. ….Petitioners
V/S
The State of Maharashtra,
Through its Secretary, & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION NO.4329 OF 2026
Nirmal Surya Through PoA ….Petitioner
V/S
The State of Maharashtra,
Through its Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION (ST) NO.24162 OF 2026
13/21
11-WP-5344-2026.odt
Amit Goyal ….Petitioner
V/S
The State of Maharashtra,
Through its Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION(ST) NO.24164 OF 2026
Amit Goyal & Ors. ….Petitioners
V/S
The State of Maharashtra,
Through its Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION (ST) NO.24169 OF 2026
Shridhar Shantaram Geete & Ors. ….Petitioners
V/S
The State of Maharashtra,
Through its Secretary, Forest Dept. & Ors. ....Respondents
WITH
(NOB TOB) WRIT PETITION (ST) NO.24505 OF 2026
Abdul Razzak Mohd. Yasin Qadri & Ors.
Through PoA ….Petitioners
V/S
The State of Maharashtra,
Through its Secretary, Forest Dept. & Ors. ....Respondents
Mr.Drupad Patil a/w Suyash Sule, Mr.Balasaheb Ligade, Srushti
Chalke, and Namit Pansare for the Petitioner in WP No.5344/2026,
WP No.5346/2026, WP No. 5347/2026, WP No. 5352/2026, WP
No.5332/2026, WP No.4008/2026, WP No.5381/2026, WP
No.5834/2026, WP No.5837/2026, WP No.7235/2026, WP
No.7625/2026, WP No.7630/2026, WP No.10078/2026, WP(ST)
no.24543/2026, WP(ST) No.24541/2026, WP No.10426/2026.
Mr.Sukand Kulkarni for the Petitioner in RC No.1708/2017 a/w WP
No.11487/2015, WP No.1295/2020, WP No.1297/2020.
Mr.Swapnil Telang for the Petitioners in WP No.3597/2026, WP
No.3600/2026, WP NO.3598/2026, WP No.3599/2026, WP
14/21
11-WP-5344-2026.odt
No.8108/2026, WP No.8167/2026, WP No.8168/2026, WP
No.8170/2026, WP No.8177/2026, WP No.8184/2026, WP(ST)
NO.24162/2026, WP(ST) No.24164/2026, WP(ST) No.24169/2026,
WP(ST) No.24505/2026
Mr.V.A. Gangal for the Petitioners in WP(ST) No.5580/2026, WP
No.13048/2026, WP No.4865/2019, WP No.3146/2026, WP
No.8725/2026.
Ms.Shweta Parab for the Petitioners in WP No.8276/2026, WP
No.9173/2026.
Mr.Atharva R. B. for the Petitioners in WP No.2921/2026, WP
No.2915/2026, WP No.2903/2026, 2906/2026, WP NO.2910/2026, WP
No.2908/2026, WP NO.2899/2026, WP No.2904/2026, WP
NO.2924/2026, WP No.2925/2026, WP No.2905/2026, WP
No.2902/2026, WP No.2920/2026, WP No.2922/2026, WP
No.5422/2026, WP No.9770/2026, WP No.10215/2026, WPST
No.21049/2026.
Mr.Yash Naik for the Petitioners in WP No.5545/2026.
Mr.Atharva R.B. i/b Ms.Saniya Patki for the Petitioner in WP
No.3694/2026, WP No.4330/2026, WP No.4332/2026, WP
NO.4333/2026, WP NO.3695/2026, WP NO.4329/2026.
Mr.Aashit Kankariya a/w Ms.Sheetal Mishra for the Petitioners in WP
No.8632/2026.
Mr.Saket Mone a/w Ms.Srushti Thorat and Mr.Archit Rao i/b Vidhii
Partners for the Petitioners in WP NO.3696/2026.
Mr.Prithviraj Gole for the Petitioner in WP No.10066/2026, WP
No.10093/2026.
Mr.Amarlal Ramrakhiani i/b Mr.Vaibhav Shinde for the Petitioners in
WP No.7382/2026.
Mr.S.D. Vyas, Addl. GP a/w Mr.O.A. Chandurkar, Addl. GP, Mr.P.P.
Kakade, Addl. GP, Mr. Karan Thorat, B Panel counsel, Mr.M.M. Pable,
AGP and Ms.Savita Prabhune, AGP for State in WP No.3597/2026, WP
No.3600/2026, WP NO.3598/2026, WP No.3599/2026, WP
No.5580/2026, WP No.2921/2026, WP No.2915/2026, WP
No.2903/2026, 2906/2026, WP NO.2910/2026, WP No.2908/2026, WP
NO.2899/2026, WP No.2904/2026, WP NO.2924/2026, WP
No.2925/2026, WP No.2905/2026, WP No.2902/2026, WP
No.2920/2026, WP No.2922/2026.
Mr.M.M. Pable, AGP for the State in RC No.1708/2017 a/w WP
No.11487/2015, WP No.1295/2020, WP No.1297/2020, WP
No.5422/2026, WP No.5545/2026.
15/21
11-WP-5344-2026.odt
Ms.Shruti Vyas, Addl. GP a/w Mr.Karan Thorat, B Panel Counsel for
State in WP No.5344/2026, WP No.5381/2026
Ms.Shruti Vyas, Addl. GP a/w Mr.S.H. Kankal, AGP for State in WP
NO.5346/2026.
Mr.A.I. Patel, Addl. GP a/w Mr.M.M. Pable for State in WP
No.5347/2026.
Ms.M.P. Thakur, AGP for State in WP No.4332/2026
Mr.S.H. Kankal, AGP for State in WP No.5352/2026m WP (ST)
No.24543/2026, WP(ST) No.24541/2026, WP(ST) No.24169/2026, WP
No.7382/2026.
Mr.Karan Thorat, B Panel Counsel for State in WP No.5332/2026, WP
NO.4008/2026, WP No.5834/2026, WP No.7235/2026, WP
No.10078/2026, WP No.10426/2026, WP No.8168/2026, WP
No.8177/2026, WP No.10066/2026, WP No.10093/2026, WP
No.10215/2026, WPST No.21049/2026, WP No.13048/2018, WP
No.4333/2026, WP (ST) No.24162/2026, WP(ST) NO.24505/2026, WP
No.4330/2026.
Mr.Karan Thorat, B Panel Counsel a/w Ms.Savita Prabhune, AGP for
State in WP No.8632/2026, WP No.3696/2026, WP No.9770/2026.
Ms.Savita Prabhune, AGP for State in WP No.3146/2026, WP
No.9173/2026.
Mr.M.M. Pable, AGP for State in WP No.5837/2026, WP No.4865/2019,
WP No.4329/2026, WP No.8276/2026, WP(ST) No.24164/2026,
Mr.P.P. Kakade, Addl. GP a/w Mr.Karan Thorat, B Panel Counsel for
State in WP No.7625/2026, WP No.3695/2026,
Mr.P.P. Kakade, Addl. GP for State in WP No.8108/2026.
Mr.S.P. Kamble, AGP for State in WP No.7630/2026, WP
No.3694/2026, WP No.8167/2026.
Mr.Vaibhav Charalwar, B Panel Counsel for State in WP No.8170/2026,
WP No.8725/2026.
Ms.Leena Patil, B Panel Counsel for State in WP No.8184/2026.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 24th AUGUST 2026
16/21
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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
Godrej & Boyce Mfg. Co. Ltd. & Anr. vs. State of Maharashtra &
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
1 (2014) 3 SCC 430
2 (2026) 2 SCC 182
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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.Drupad Patil representing some of
the Petitioners in the Petitions which are listed before us today,
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
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.
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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
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
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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
(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.
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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 Petitions in the
aforesaid terms.
Interim Applications, if any, also stand disposed of.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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