Akash Nandkishor Kagliwal v. The State of Maharashtra Thr Sec. Forest Dept. and Ors

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 Through Secretary, Forest Dept. & Ors. (SR.NO.12)WRIT PETITION NO.5346 OF 2026 Akash Nandkishor Kagliwal ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.13)WRIT PETITION NO.5347 OF 2026 Akash Nandkishor Kagliwal ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.14)WRIT PETITION NO.5352 OF 2026 Sweta Akash Kagliwal ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.29)WRIT PETITION NO.5332 OF 2026 Rajeshwari Vedvyas Pai & Anr. RAJSHREE KISHOR MORE by RAJSHREE KISHOR MORE Date: 2026.08.29 18:19:48 +0530 Through Secretary, Forest Dept. & Ors. (SR.NO.42)REJECTED CASE NO.1708 OF 2017 Sanjay Chhotalal Ajmera & Anr.. Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.42)WRIT PETITION NO.11487 OF 2015 Madhu Ashokkumar Gad & Anr. Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.44)WRIT PETITION NO.1295 OF 2020 INTERIM APPLICATION (ST) NO.4363 OF 2021 Shilpa Pankaj Kothari ....Petitioner Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.44)WRIT PETITION NO.1297 OF 2020 Pankaj Navinchandra Kothari ....Petitioner Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.46)WRIT PETITION NO.3597 OF 2026 Gyandrakumar Das & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION(ST) NO.5580 OF 2026 Devendra Mukund Dewasthal ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.3600 OF 2026 Bharat Narsu Pawar & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.3598 OF 2026 Balu Narayan Garud & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.3599 OF 2026 Shamrao Laxman Palekar & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2921 OF 2026 Jerestin Bomi Hansotiya & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2915 OF 2026 Ashutosh Arora Through POA ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.3597 OF 2026 Gyandrakumar Das & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2903 OF 2026 Mahadev Damji Patel ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2906 OF 2026 Jagdish Anant Kamat & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2910 OF 2026 Manoj Sainani ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2908 OF 2026 Sandip Kisan Bhaye ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2899 OF 2026 Shehnaaj Gustaabji Jhariri Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2904 OF 2026 Somnath Bhiku Kalekar ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2924 OF 2026 Shehnaaj Gustaabji Jhariri Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2925 OF 2026 Shankar Baburao Kalekar & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2905 OF 2026 Nidhi Rakesh Mehta & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2902 OF 2026 Rajesh Subhash Mehta ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2920 OF 2026 Vimla Motilal Oswal & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.46)WRIT PETITION NO.2922 OF 2026 Vanita Siddharth Bhandari ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.48)WRIT PETITION NO.3694 OF 2026 Prime Estate Pvt. Ltd. ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.49)WRIT PETITION NO.4008 OF 2026 Shanti Chopra ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.52)WRIT PETITION NO.5381 OF 2026 Karan Kadir Shaikh & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.54)WRIT PETITION NO.5422 OF 2026 Majihar Yakub Contractor & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.54)WRIT PETITION NO.5545 OF 2026 Mangesh Kisan Murhe ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.55)WRIT PETITION NO.5834 OF 2026 Nitin Shamrao Palekar & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.56)WRIT PETITION NO.5837 OF 2026 Narayan Pandudrang Patil Deceased through LRs & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.57)WRIT PETITION NO.7235 OF 2026 Paresh Indravan Mujumdar & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.58)WRIT PETITION NO.7382 OF 2026 Santoshkumar Ramrichpal Gupta ....Petitioner Through Principal Secretary, Revenue & Forest Dept. & Ors ..Respondents (SR.NO.59)WRIT PETITION NO.7625 OF 2026 Saurabh Joma Tandel & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.60)WRIT PETITION NO.7630 OF 2026 Narendra Lakshmanprasad Sharama & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.61)WRIT PETITION NO.8108 OF 2026 Pralhad Laxman Jadhav ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.62)WRIT PETITION NO.8167 OF 2026 Batul Shabbir Nuruddidn Alias Batul Aliasager Ezzuddin & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.63)WRIT PETITION NO.8168 OF 2026 Chetan Gulab Jedhe & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.64)WRIT PETITION NO.8170 OF 2026 Rekha Ajay Khemka ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.65)WRIT PETITION NO.8177 OF 2026 Ajay Popatlal Shah ....Petitioner Through Secretary, Forest Dept. & Ors. (SR.NO.66)WRIT PETITION NO.8184 OF 2026 Nitin Raghunathrao Somwanshi & Anr. Through Secretary, Forest Dept. & Ors. (SR.NO.67)WRIT PETITION NO.8632 OF 2026 Ganesh Dagdu Patil ....Petitioner Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.67)WRIT PETITION NO.9770 OF 2026 Chandrakant Balvantray Shah Through PoA ....Petitioner Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.67)WRIT PETITION NO.3696 OF 2026 Prem R Raheja ....Petitioner Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.68)WRIT PETITION NO.8725 OF 2026 Sharadchandra Tibriwal ....Petitioner Through its Secretary,& Ors. (SR.NO.69)WRIT PETITION NO.10066 OF 2026 Vikas Laxman Patil ....Petitioner Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.71)WRIT PETITION NO.10093 OF 2026 Pooja Dipak Kadu & Ors. Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.70)WRIT PETITION NO.10078 OF 2026 Naresh Aggarwala & Ors. Through Secretary, Forest Dept. & Ors. (SR.NO.74)WRIT PETITION NO.10215 OF 2026 Rohan H. Kilachand & Ors. Through Principal Secretary, Forest Dept. & Ors.....Respondents (SR.NO.76)WRIT PETITION(ST) NO.21049 OF 2026 Bharat Ganpathy & Anr. Through Principal Secretary, Forest Dept. & Ors.....Respondents (NOB TOB) WRIT PETITION(ST) NO.24543 OF 2026 Shehnaz Sagar Shaikh ….Petitioner Through Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION(ST) NO.24541 OF 2026 Bilkis Kadir Shaikh ….Petitioner Chief Conservator of Forest, Pune & Ors. (NOB TOB) WRIT PETITION NO.10426 OF 2026 Harvinder Singh Anand ….Petitioner Through Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION NO.13048 OF 2018 Sunanda Sudhir Deshmukh & Ors. ….Petitioners Through Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION NO.4865 OF 2019 Rekha Ravindra Sawant ….Petitioner Through Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION NO.3146 OF 2026 Gwendoline Maria Fernandes ….Petitioner Through Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION NO.8276 OF 2026 Satish Vasant Mhatre & Ors. ….Petitioners Through Mantralaya & Ors. (NOB TOB) WRIT PETITION NO.9173 OF 2026 Magpie Chemulzans Through Proprietor Satish Mhatre ….Petitioner Through Secretary, Revenue & Forest Dept. & Ors. ....Respondents (NOB TOB) WRIT PETITION NO.4330 OF 2026 Bharat Sudam Bradwade & Ors. ….Petitioners Through its Secretary, & Ors. (NOB TOB) WRIT PETITION NO.4332 OF 2026 Vanita Siddharth Bhandari & Ors. ….Petitioners Through its Secretary, & Ors. (NOB TOB) WRIT PETITION NO.4333 OF 2026 Niranjan Umeshchandra Joshi ….Petitioner Through its Secretary, & Ors. (NOB TOB) WRIT PETITION NO.3695 OF 2026 Bhagwan Shankar Gaikwad & Anr. ….Petitioners Through its Secretary, & Ors. (NOB TOB) WRIT PETITION NO.4329 OF 2026 Nirmal Surya Through PoA ….Petitioner Through its Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION (ST) NO.24162 OF 2026 Amit Goyal ….Petitioner Through its Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION(ST) NO.24164 OF 2026 Amit Goyal & Ors. ….Petitioners Through its Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION (ST) NO.24169 OF 2026 Shridhar Shantaram Geete & Ors. ….Petitioners Through its Secretary, Forest Dept. & Ors. (NOB TOB) WRIT PETITION (ST) NO.24505 OF 2026 Abdul Razzak Mohd. Yasin Qadri & Ors. Through PoA ….Petitioners Through its Secretary, Forest Dept. & Ors. 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 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. 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 thDATE : 24 AUGUST 2026

ORDER (PER BHARATI DANGRE, J) : 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. Today, the Additional Government Pleader has placed before

(2014) 3 SCC 430

(2026) 2 SCC 182 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. 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. 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 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. 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. 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. 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. 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.]