Bombay High Court
VIJAYKUMAR S KHEMKA SINCE DECD. THR AS PER WILL ADITYA TIBRIWALversusSTATE OF MAHARASHTRA THR SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The mutation of land as "Private Forest" without compliance with Section 35 of the Indian Forest Act, 1927 is invalid, and the grievances must be addressed by a Scrutiny Committee as directed by the Court.
Summary
The Bombay High Court heard a series of writ petitions filed by various petitioners alleging that their lands had been erroneously mutated as "Private Forests" without compliance with the procedure prescribed under Section 35 of the Indian Forest Act, 1927. The petitioners sought redress and appropriate directions to correct the mutation. The Court, recalling its earlier directions in Writ Petition No.1536 of 2017 and Writ Petition No.5344 of 2026, ordered that the petitioners may file representations before the Deputy Conservator of Forests and that the matters be referred to a Scrutiny Committee established under the Government Resolution of 13 August 2026. The Court mandated that the Scrutiny Committee adjudicate the grievances expeditiously, ensuring compliance with the statutory procedure. Consequently, the Court disposed of all the pending writ petitions, directing that they be treated as representations to the Committee.
Issues considered
- Whether the mutation of land as "Private Forest" without following the procedure under Section 35 of the Indian Forest Act, 1927 is legally valid.
- What remedial directions are appropriate for petitioners whose lands have been wrongly mutated?
Legislation cited
- Indian Forest Act, 1927 — s. 35
Subjects
- Indian Forest Act
- Section 35
- private forest
- land mutation
- scrutiny committee
- writ petition
- environment law
- forest law
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(SR. NO. 18) WRIT PETITION NO. 1875 OF 2026
Tushar Chintamani Mengale & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
WITH
(SR. NO. 18) WRIT PETITION NO. 1879 OF 2026
Bhimsen Pandurang Jadhav & Ors. .. Petitioners
Versus
State of Maharashtra Thr Its
Secretary Forest & Ors. .. Respondents
WITH
(SR. NO. 18) WRIT PETITION NO. 1877 OF 2026
Shripati Rama Patil & Ors. .. Petitioners
Versus
State of Maharashtra Thru. Secretary
& Ors. .. Respondents
WITH
(SR. NO. 18) WRIT PETITION NO. 2754 OF 2026
Yashodhara Arun Deshpande & Ors. .. Petitioners
Versus
State of Maharashtra Thr Sec. Forest
Dept. & Ors. .. Respondents
WITH
Rushikesh
2/8 18-wp-1875-2026 Forest matters.doc
(SR. NO. 21) WRIT PETITION NO. 8999 OF 2026
Vinayak Govind Dhole & Ors. .. Petitioners
Versus
State of Maharashtra Throu. Its Sec.
Forest Dept & Ors. .. Respondents
WITH
(SR. NO. 23) WRIT PETITION NO. 10428 OF 2026
Nilesh Shubhash Mundada & Ors. .. Petitioners
Versus
State of Maharashtra Thr Its
Secretary & Ors. .. Respondents
WITH
(SR. NO. 24) WRIT PETITION NO. 10434 OF 2026
Rohidas Dattatray Chavan & Ors. .. Petitioners
Versus
State of Maharashtra Thorou. Its Addl
Chief Sec. & Ors. .. Respondents
WITH
(SR. NO. 25) WRIT PETITION NO. 10435 OF 2026
Sanjeev Sawlaram Janjire & Ors. .. Petitioners
Versus
State of Maharashtra Thr Its
Secretary & Ors. .. Respondents
WITH
(SR. NO. 28) WRIT PETITION NO. 8149 OF 2026
Rushikesh
3/8 18-wp-1875-2026 Forest matters.doc
Hazoor Multi Projects Ltd Thr
Vijendra Ishwardas Garg .. Petitioner
Versus
State of Maharashtra Thr Its
Additional Chief Secretary & Ors. .. Respondents
WITH
(SR. NO. 30) WRIT PETITION NO. 8727 OF 2026
Keshavdev Tibriwal (Since Decd
Throu. Legal Heirs) .. Petitioners
Versus
State of Maharashtra Throu. Sec.
Revenue and Forest Dept & Ors. .. Respondents
WITH
(SR. NO. 31) WRIT PETITION NO. 8729 OF 2026
Vinod Bajranglal Dalmiya .. Petitioner
Versus
State of Maharashtra Throu. Sec.
Revenue and Forest Dept & Ors. .. Respondents
WITH
(SR. NO. 32) WRIT PETITION NO. 8731 OF 2026
Vijaykumar S Khemka Since Decd.
Thr As Per Will Aditya Tibriwal .. Petitioner
Versus
State of Maharashtra Thr Secretary &
Ors. .. Respondents
WITH
(SR. NO. 33) WRIT PETITION NO. 8733 OF 2026
Rushikesh
4/8 18-wp-1875-2026 Forest matters.doc
Keshavdev Tibriwal (Since Decd
Throu. Legal Heirs) .. Petitioners
Versus
State of Maharashtra Throu. Sec.
Revenue and Forest Dept & Ors. .. Respondents
WITH
(SR. NO. 34) WRIT PETITION NO. 8734 OF 2026
Subhashchandra Tibriwal (since
Deceased Thru Legal Heirs) .. Petitioners
Versus
State of Maharashtra Thru Secretary
& Ors. .. Respondents
WITH
(SR. NO. 35) WRIT PETITION NO. 8736 OF 2026
Sharadchandra Tibriwal & Anr. .. Petitioners
Versus
State of Maharashtra Through Sec.
Revenue and Forest Dept. & Ors. .. Respondents
WITH
(SR. NO. 36) WRIT PETITION NO. 8966 OF 2026
Sumitra J. Khemka .. Petitioner
Versus
State of Maharashtra Thr Sec.
Revenue and Forest Dept. & Ors. .. Respondents
WITH
(SR. NO. 37) WRIT PETITION NO. 9027 OF 2026
Rushikesh
5/8 18-wp-1875-2026 Forest matters.doc
Swami Pandurang Bangar & Ors. .. Petitioners
Versus
State of Maharashtra Throu. Its Sec.
Forest Dept & Ors. .. Respondents
WITH
(SR. NO. 38) WRIT PETITION NO. 9032 OF 2026
Ashok Dattatraya Mankar & Ors. .. Petitioners
Versus
State of Maharashtra Thr Sec. Forest
Dept. & Ors. .. Respondents
WITH
(SR. NO. 39) WRIT PETITION NO. 9035 OF 2026
Dhnyeshwar Namdeo Mohite & Ors. .. Petitioners
Versus
State of Maharashtra Thru Secretary
& Ors. .. Respondents
WITH
(SR. NO. 40) WRIT PETITION NO. 9036 OF 2026
Shashikant Kashiram Shinde .. Petitioners
Versus
State of Maharashtra Thru Secretary
& Ors. .. Respondents
WITH
(SR. NO. 41) WRIT PETITION NO. 9038 OF 2026
Rushikesh
6/8 18-wp-1875-2026 Forest matters.doc
Balu Alias Balasaheb Jagganth
Tamboli & Ors. .. Petitioners
Versus
State of Maharashtra Thr Sec. Forest
Dept. & Ors. .. Respondents
WITH
(SR. NO. 42) WRIT PETITION NO. 9043 OF 2026
Anandi Dattu Gaikwad & Ors. .. Petitioners
Versus
The State of Maharashtra Thr. Its
Principal Secretary Revenue And
Forest Department & Ors. .. Respondents
----------
Mr. Swapnil Telang, for the Petitioners in Serial Nos. 18, 21, 24,
25, 37, 38, 39, 40 and 41.
Mr. Swapnil Telang i/b Mr. Atharva Bhingardeve, for the
Petitioners in Serial No. 28.
Mr. Suyash Sule, for the Petitioners in Serial No. 23.
Mr. V. A. Gangal a/w Ms. Shweta Parab, for the Petitioners in
Serial Nos. 30, 31, 32, 33, 34, 35 and 36.
Mr. Prithviraj S. Gole, for the Petitioners in Serial No. 42.
Ms. Kavita N. Solunke, Addl.G.P., a/w Smt. Shruti D. Vyas,.
Addl.G.P, Mr. B. V. Samant, Addl.G.P, Mr. A. I. Patel, Addl.G.P, Mr.
Karan S. Thorat, ‘B’ Panel Counsel and Mr. M. M. Pabale, AGP,
for the State in Serial. No. 18 in all the Petitions.
Mr. Vaibhav Charalwar, ‘B Panel’ Counsel, for the State in Serial
No. 21, 25, 31, 39, 40 and 42.
Mr. Karan S. Thorat, ‘B Panel’ Counsel, for the State in Serial
No. 23, 30, 32 and 41.
Ms. Leena Patil, ‘B Panel’ Counsel, for the State in Serial Nos.
24.
Ms. Savita Prabhune, AGP for the State in Serial Nos. 28, 33, 36
Rushikesh
7/8 18-wp-1875-2026 Forest matters.doc
and 38.
Mr. M. M. Pabale, AGP, for the State in Serial No. 34.
Mr. S. H. Kankal, AGP, for the State in Serial No. 35.
Mr. P. P. Kakade, Addl.G.P a/w Mr. Karan S. Thorat, ‘B Panel’
Counsel, for the State in Serial No. 37.
----------
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATED : 03rd 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 the directions issued in
Writ Petition No.5344 of 2026, decided on 24 th August 2026,
we deem it appropriate to permit the Petitioners to prefer a
representation to the Deputy Conservator of Forests and permit
the Petitions 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,
streamlining for redressal of grievance of those who claim that
their lands have been wrongly mutated as ‘Private Forests’
without following the procedure laid down in Section 35 of the
Indian Forest Act, 1927.
All the proceedings shall be adjudicated by the Scrutiny
Committee in an expeditious manner.
Rushikesh
8/8 18-wp-1875-2026 Forest matters.doc
With the aforesaid directions, the Writ Petitions stand
disposed of.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.09.07
19:01:52
+0530
Rushikesh
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