Bombay High Court

LATA VITHAL KATKARIversusSTATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided: 22 June 2026
Disposal: Disposed Off
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The petition is dismissed as the petitioner failed to establish a right to restrain the Forest Department’s erection of the boundary wall.

Summary

The petitioner, Lata Vithal Katkari, claimed a 4,500 sq. m. parcel of land allotted to her under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2008, located in Survey/Gat No.219. The Forest Department proposed to erect a boundary wall around Gat No.219, which the petitioner alleged would interfere with her possession, cultivation, and enjoyment of the forest rights. The Court examined the allotment records and found that the petitioner’s original allotment was in Gat No.228, not Gat No.219, and that the fence concerned land outside her allotted area. The petitioner was advised to seek rectification of her allotment documents if she wished to claim rights over Gat No.219. Since the petitioner failed to establish a clear entitlement to restrain the Forest Department’s activity, the Court found no basis to grant relief. Consequently, the writ petition was dismissed.

Issues considered

Whether the petitioner is entitled to restrain the Forest Department from erecting a boundary wall on the land she claims under the Forest Rights Act.
Whether the petitioner can obtain rectification of the allotment document to establish her right over the disputed parcel.

Legislation cited

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2008

Subjects

Forest Rights Act
boundary wall
land allotment
rectification
possession
cultivation rights
writ petition

Judgment

                                                                                   2-WP-7752-2026.odt


               rajshree


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO.7752 OF 2026
                              Lata Vithal Katkari                             ..     Petitioner
                                           V/S
                              State of Maharashtra & Ors.                     ..     Respondents


                              Ms.Priyanka Dable for the Petitioner.
                              Ms.Savita Prabhune, AGP for the State.
                              Mr.Amol Chirame, Assistant Conservator of Forest, Bhiwandi,
                              Thane Division, present.

                                                       CORAM : BHARATI DANGRE &
                                                               MANJUSHA DESHPANDE, JJ

                                                       DATE    : 22nd JUNE 2026

                              P.C. :
                              1      The Petitioner, who is allotted a land for agricultural
                              purpose in the wake of implementation of the provisions of the
                              Scheduled      Tribes   and   Other   Traditional    Forest   Dwellers
                              (Recognition of Forest Rights) Act, 2008, (for short ‘the Act of
                              2008), has approached this Court being aggrieved by the
                              proposed construction activity of the Forest Department by
                              erecting a boundary wall/fencing, in a manner, which affect the
                              Petitioner’s    right of being in possession, cultivation, access,
                              ingress, egress and enjoyment of the forest rights recognized in
                              her favour     in Survey/Gat No.219, admeasuring 4500 sq. mtr.
                              situated at Village Mauje Kasane, Taluka Bhiwandi, District
           Digitally signed
RAJSHREE   by RAJSHREE
KISHOR
MORE
           KISHOR MORE
           Date:
           2026.06.29
           10:39:51 +0530
                              Thane.


                                                                                                  1/2
                                                  2-WP-7752-2026.odt



2    On hearing the learned counsel for the Petitioner and the
learned AGP whom we had directed to obtain necessary
instructions, we Dnd that the claim of the Petitioner is as regards
allotment of land in her favour in Survey/Gat No.219, whereas,
alongwith the Petition,   Appendix 2 issued by the Additional
Commissioner, Tribal Development, Thane, is enclosed, reFecting
that Lata Vithal Katkari, the Petitioner, is allotted area of 4500
sq. mtr. from Gat No.228 in the year 2011.
3    We Dnd that belatedly in the year 2026 for the Drst time, the
Petitioner made a grievance to the Sub Divisional OfDcer that
what is allotted to her is land from Gat No. 219 and the letter of
allotment shall be corrected accordingly.
     It is too late in the day for the Petitioner to seek
rectiDcation, but according to the State what is allotted to her is
4500 sq. mtr. from Gat No.228 and the fencing which is proposed
by the Forest Department is surrounding Gat No.219.
     In any case, if the Petitioner want a rectiDcation and it is
her case that she is carrying out cultivation activity in
Survey/Gat No.219, she shall Drst        seek rectiDcation of her
Adhikar Patra / document conferring a right of cultivation upon
her from the year 2011, in Gat No.228.
     In absence of the Petitioner clearly establishing her
entitlement to restrain the Forest Department from carrying out
the act of protecting forest by erecting a wall/boundary wall, we
do not Dnd any reason for issuance of any direction.
     In the wake of above, Writ Petition is dismissed.


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

                                                               2/2

Continue reading with your account

Checking your session…