Petitioners challenged a notification rehabilitating a village on former grazing lands. The court held no vested rights were affected and dismissed the petition.
Petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Writ Petition No.6175/2013 (Narendra G Dadmal and another .vs. State of Mah. Through its Chief
Secretary and others. )
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Mr. M.R. Kalar, Advocate for Petitioners. Mrs. B.H. Dangre G.P. For Respondents 1 & 2.
CORAM : B.R. Gavai &
Mrs. Mridula Bhatkar, JJ. DATED : January 14, 2015.
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forest, is being rehabilitated at a place in which earlier grazing rights were given to the villagers of Sonegaon. However, the perusal of the order dated 23.6.2014 passed by the Collector would reveal that though the grazing rights in Survey Nos. 94,95,96 and 97 are being withdrawn, the grazing rights are given in Survey No.31 admeasuring 25.00 hectares.
“In view of the aforesaid facts it is most respectfully stated that compartment No.29 is reserved forest Notified in 1879 and no rights were given in the said compartment and the said land was diverted in 2003. The grazing and other rights given by the respondent are merely concession as is evident from Nistar Patrak and copy of the same is annexed and marked at Annexure R 4-1 . The concession given in Khasra Nos. 94, 95 and 97 are in no way concerned to the compartment No.29 of reserve forest which is diverted for rehabilitation purpose.”
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an equal area as it was having earlier.
JUDGE
JUDGE
halwai
2 issues framed by the court
Whether the rehabilitation of village Navegaon at former grazing lands of Sonegaon violates vested rights.
Whether the petitioners have any vested right in the grazing rights of the resurveyed area.
Narendra G Dadmal and another
State of Mah. Through its Chief Secretary
B.R. Gavai
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
