Mr. Balnath Dharma Patil v. the State of Maharashtra through the Secretary, Revenue and Forest Dept. and Ors.
Case brief
What is this about?
Bombay High Court, Civil Appellate Jurisdiction; decided 13 January 2025; batch W.P. Nos. 2662, 2664, 2665, 2666, 2667, 2668 of 2024 (lead: 2665 of 2024); Coram G.S. Kulkarni & Advait M. Sethna, JJ. (judgment per Advait M. Sethna, J.); FRA 2006 Ss 2(g), 2(o), 3(1)(a); Forest Rules 2007 Rr 13, 13(3); rejection of individual forest rights claim for no cultivation/management; non-speaking order; breach of natural justice; documentary evidence not considered; order quashed; de novo remand to District Level Committee, Collector Office, Alibag, Raigad; compliance within eight weeks; rule made absolute; no costs.
What did the court decide?
Petitions allowed: the impugned order dated 25 June 2021 passed by respondent no.2 (Office of Collector and District Magistrate, Raigad, Alibag) is quashed and set aside; proceedings remanded to respondent no.2 for de novo consideration and determination of the petitioners' claims on all issues in accordance with law; respondent no.2 to pass appropriate orders after hearing the parties, not later than eight weeks from the date the order is made available to it; all rights and contentions of parties expressly kept open; rule made absolute; no order as to costs.