Smt. Venutai Vishnu Bhadange vs the State of Maha. Thr. Prin. Sec. Revenue and Forest Dept. and Ors. — Bombay HC (2026) — LawSathi Research

Smt. Venutai Vishnu Bhadange vs the State of Maha. Thr. Prin. Sec. Revenue and Forest Dept. and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the petitioner to submit an application along with the Management Plan for Gut No. 141 (Old Survey No.53/1 & 53/3), area 4.85 ha, Village Waki, Taluka Vikramgad, District Thane, for the period 2023-24 to 2032-33, for due consideration by respondent nos.5 and 7.

Issue for consideration

Under what provision can the State Government insist on obtaining permission from the Central Government for cutting of trees, given that the working plan for Jawahar Forest Division (for the year 2009-10, in force for 10 years) expired on 31/03/2019 and there is no working plan of the Central Government under implementation? +1 more

Ratio / Principle

The option available to the petitioner is to submit an application along with the Management Plan in respect of Gut No. 141 (Old Survey No.53/1 & 53/3), area 4.85 ha, of Village Waki, Taluka Vikramgad, District Thane, for the period 2023-24 to 2032-33, which shall receive due consideration at the end of respondent nos.5 and 7; with this direction the petition stands disposed of.

Detailed headnote1 paragraphs

Bombay High Court (Bharati Dangre & Manjusha Deshpande, JJ.) disposed of W.P. No. 3771 of 2024 filed by Smt. Venutai Vishnu Bhadange seeking to cut trees on Gut No. 141 (Old Survey No.53/1 & 53/3), area 4.85 ha., Village Waki, Taluka Vikramgad, District Thane. Her online application of 2018-2019 lapsed after the Management Plan for Jawahar Forest Division (2009-10, in force 10 years) expired on 31/03/2019; a new Management plan (2023) has come into force till 2033. Recording that the Deputy Director General of Forests (Central) had been requested to extend the plan duration, the Court directed the petitioner to submit an application along with the Management Plan for the period 2023-24 to 2032-33, which respondent nos.5 and 7 shall duly consider; the legal question framed in the interim order of 27/01/2026 on the provision requiring Central Government permission was not adjudicated.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3771 OF 2024

Smt. Venutai Vishnu Bhadange

.. Petitioner

Versus

The State of Maharashtra Thr. Prin. Sec. .. Respondents Revenue and Forest Dept. and Ors

Mr. Jagdish Reddy for the petitioner.

Ms. Kavita Solunke, Additional Government Pleader for Respondent State.

Mr. B.R. Sanap, Regional Forest Officer, Palghar, present in Court.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. DATED : 2^nd FEBRUARY, 2026

P.C:-

1. On 27/01/2026, the following order was passed:-

“1 Heard the learned counsel for the Parties.

2 We want clarity on two aspects i.e. i) the number of trees to be cut by the Petitioner and ii) whether on expiry of the working plan for Jawahar Forest Division as claimed by the Forest and Environment Department for the year 2009-10 and which was in force for 10 years, having expired on 31/03/2019, under what provision the State Government to insist to obtain permission from the Central Government, as at present there is no working plan of Central Government under implementation.

3 Let the instructions be sought on the above points.

Re-notify to 02/02/2026, on Supplementary Board.”

In compliance with the above order, Ms. Solunke, learned Additional Government Pleader, had offered clarification.

Ashish

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At the outset, she would submit that the Petitioner had made an online application for cutting of trees in the year 2018-2019; however, on 26/01/2020, the Petitioner informed that due to financial crisis and some unexpected issues, she was unable to cut the trees and, therefore, sought extension of time.

In the meantime, the Management Plan formulated by the Ministry of Environment, Forests and Climate Change for Jawahar Forest Division expired in 2019, and steps were taken to formulate a new plan.

Ms. Solunke has submitted that a new Management plan (2023) has now come into force and shall remain in operation till 2033.

The Petitioner was specifically intimated about this by the Additional Principal Chief Conservator of Forests on 2/05/2023, stating that, with reference to the Management Plan of Gut No. 141, (Old Survey No.53/1 & 53/3), area 4.85 ha., of Village – Waki, was already sanctioned for the period 2009-10 to 2018-19. However, the felling operations as per the approved plan could not took place, and the Petitioner Smt. Venutai Bhadange had requested to extend the duration of the Management Plan for the period 2023-24 to 2032-33. As per her request, the Deputy Director General of Forests (Central), Ministry of Environment, Forests and Climate Change, was requested to extend the duration of the Management Plan for Gut No. 141, as prayed for by the Petitioner.

In the wake of the aforesaid, the option available to the petitioner is to submit an application along with the Management

Ashish

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Plan in respect of Gut No. 141 (Old Survey No.53/1 & 53/3), area 4.85 ha, of Village Waki, Taluka Vikramgad, District Thane, for the period 2023-24 to 2032-33, which shall receive due consideration at the end of respondent nos.5 and 7.

With this direction, the petition stands disposed of.

(MANJUSHA DESHPANDE) (BHARATI DANGRE, J.)

Ashish