12-WP-10885-2026.odt rajshree IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10885 OF 2026 Koviur Pattabiraman Sekaran & Anr. ..Petitioners V/S The State of Maharashtra, Through Secretary, Revenue & Forest Dept. & Ors. ..Respondents Mr.Rohan Kadam i/b Mr.Vishwajeet Mohite, Mr.Ketan Joshi and Ms.Rucha Vaidya for the Petitioners. Mr.Karan S. Thorat, B Panel counsel for the State. CORAM : BHARATI DANGRE & ASHISH S. CHAVAN, JJ DATE : 25th AUGUST 2026 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 & 1/5 RAJSHREE KISHOR MORE Digitally signed by RAJSHREE KISHOR MORE Date: 2026.08.29 18:18:31 +0530 12-WP-10885-2026.odt 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 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.Rohan Kadam representing the Petitioners, 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 1 (2014) 3 SCC 430 2 (2026) 2 SCC 182 2/5 12-WP-10885-2026.odt 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. 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 3/5 12-WP-10885-2026.odt 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 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 4/5 12-WP-10885-2026.odt (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. 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 Petition in the aforesaid terms. Interim Applications, if any, also stand disposed of. [ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.] 5/5