Maharashtra Land Development ... vs State Of Maharashtra & Anr

7. On 30th August, 1975, the Maharashtra Private Forests (Acquisition) Act, 1975 came into force under which allegedly land bearing Survey No. 345-A stood acquired and vested in the State Government on the appointed day i.e. August 30, 1975. Accordingly, on October 8, 1975, the Sub- Divisional Officer, Bombay Sub-urban District, in exercise of power under Section 5 of the Act, issued notice to the company to hand over possession of the entire land of Survey No. 345-A admeasuring 209 acres. The company filed a reply to the said notice contending that the land bearing Survey No. 345-A was not "forest", much less a "private forest". The company also called upon the Collector to hear and decide the question as to whether or not the land was "forest" or "private forest" and whether it vested in the State Government under the Act. An inquiry was conducted under Section 6 of the Act by the Sub-Divisional 5 Officer, Bombay Suburban District, wherein notices were issued to the company, being the owner of the land as well as to the Court Receiver. Subsequently, by an order dated 12th November, 1975, the Sub-Divisional Officer held the land to be "private forest" and also held that the land stood acquired and vested in the State of Maharashtra. The company was, therefore, called upon to hand over possession of the land within 10 days to the Collector of Bombay.

8. The company challenged the said order passed by the Sub- Divisional Officer by filling an appeal before the Maharashtra Revenue Tribunal and the Maharashtra Revenue Tribunal vide its order dated 20th March, 1976 dismissed the appeal, upholding and confirming the order passed by Sub-Divisional Officer and observing that the land in question was "forest" within the meaning of Section 2(c-i) of the Act of 1975. It was also held to be "private forest" falling under Section 2(f) of the Act and as such, stood acquired and vested in the State of Maharashtra. The 6 said order was never challenged in further proceedings by the company and became final, conclusive and binding on the parties.

10. The appellant-Corporation herein objected to handing over possession of the land which was with it. It filed Miscellaneous Petition No. 512 of 1976 in the Bombay High Court challenging the notice issued by Sub-Divisional Officer. It also challenged an order dated November 12, 7 1975 passed by Sub-Divisional Officer, holding the land to be "forest" as also judgment and order dated March 20, 1976 passed by Revenue Tribunal confirming the order passed by Sub-Divisional Officer. The orders were not challenged by the aggrieved party and they had become final. The appellant-Corporation herein challenged the above decisions, contending that they were inter alia in violation of principles of natural justice. The said Miscellaneous Petition No. 512 of 1976, however, came to be settled on the basis of consent terms arrived at between the parties on 19th April, 1984. The consent terms, inter alia, provided that fresh inquiry will be conducted under Section 6 of the Act regarding vesting of the property admeasuring 53 acres in possession of the appellant- Corporation. It was also ordered that in case the authority comes to the conclusion that the land in possession of appellant-Corporation is a "forest" and "private forest" and that it stood acquired and vested in the Government of Maharashtra, the appellant-Corporation would hand over possession of the land to the Sub-Divisional Officer. 8

11.In pursuance of the consent terms arrived at between the parties, the Sub-Divisional Officer conducted fresh inquiry under Section 6 of the Act, after issuing necessary notice to the appellant-Corporation herein. After hearing the appellant-Corporation, the Sub-Divisional Officer, by an order dated 23rd April, 1985, held that land admeasuring 53 acres out of Survey No. 345-A in possession of the appellant-Corporation was neither a forest nor "private forest" and as such did not stand acquired and vested in the Government of Maharashtra in accordance with the provisions of the Act.

With respect, the above approach of the Maharashtra Revenue Tribunal is not in consonance with law and cannot be approved. It is not open to the Tribunal to proceed on the basis that since "there is no fresh material to disturb the finding" of the MRT as given in its judgment dated 4th December, 1992, the said finding called for no interference. Once a petition was filed against the said judgment in the High Court and the High Court set aside that judgment and the 13 Supreme Court allowed the appeal directing the Tribunal to consider and decide the matter afresh, in the eye of law, it cannot be said that there were "findings" by the Tribunal in its earlier judgment and in absence of "fresh evidence", those findings need not be disturbed. To us, therefore, it is clear that this is a jurisdictional error committed by the Maharashtra Revenue Tribunal and the order is indeed vulnerable.

...104. On various grounds discussed by us in earlier part of the judgment, the Maharashtra Revenue Tribunal has committed an error of law apparent on the face of the record by holding that the land bearing Survey No. 345-A of village Dahisar was neither "forest" nor "private forest" and by taking such view, it exceeded jurisdiction and hence, the said decision deserves to be quashed by this Court by exercising powers under Articles 226 and 227 of the Constitution and accordingly, the said decision is quashed and set aside.

105. For the aforesaid reasons, in our opinion, the petition (Writ Petition No. 1052 of 1998) deserves to be allowed and is accordingly allowed. The order passed by the Maharashtra Revenue Tribunal on 21st February, 1998 in Appeal No. Forest-3 of 1997 is quashed and set aside and the land bearing Survey No. 345-A situate at Dahisar is held to be "private forest" under the provisions of the Maharashtra Private Forests (Acquisition) Act, 1975 and deemed to have vested in the State Government. Rule is accordingly made absolute. In the facts and circumstances, however, there shall be no order to costs."

52.Therefore, after giving thoughtful consideration to the issues, we find that the appellant has failed to make out any case before us for interference with the orders passed by the High Court. Hence, in the light of the aforesaid issues, principles and precedents in question, we are of the considered opinion that the appeal is without merit and deserves to be dismissed.

Civil Appeal No. 2148 of 2004

53.Civil Appeal No. 2148 is filed by K.N. Shaikh [appellant herein] against the State of Maharashtra seeking to challenge the judgment and order of the Bombay High Court dated October 8, 2003 in Writ Petition No. 1383 of 2002. The said Writ Petition was preferred against the decision of the Maharashtra Revenue Tribunal upholding the order of the Sub-Divisional Officer declaring that the survey No. 345-A constitutes a private forest in terms of 45 Section 2(f) of the Maharashtra Private Forest Act, 1975 and that it stood vested in the State Government in terms of Section 3(1) thereof. The Bombay High Court, while dismissing Writ Petition No. 1383 of 2002, held: