In a major relief to a Thane-based family, the Bombay High Court has set aside a government action that classified their land in Ambernath as “private forest” land for nearly two decades.
The case was filed by Sandhya Gurung and her family, who own several plots in Mulgaon village in Ambernath taluka of Thane district. The family told the court that the land had been legally purchased through registered sale deeds during the 1990. At the time of purchase, official land records did not show any forest reservation, government ownership or restrictions on the properties. The family said they believed the land had a clear title and that no disputes were attached to it.
Dispute over old forest notices
Years later, however, the Maharashtra government entered its own name in the land records and began treating the property as “private forest” land under forest laws.
The family said they were never informed about any such proceedings and only learned of the issue later. After obtaining documents through the Right to Information Act (RTI), they discovered that the government was relying on old forest notices and notifications issued in the 1950s under the Indian Forest Act, 1927.
The government argued before the court that the lands were covered under old forest proceedings and that notices had been issued to the original landowners several decades ago. State authorities also said the revenue records were updated later during a drive to correct old entries related to forest lands.
Court cites SC ruling
However, when the court asked the government to produce proof that the notices had actually been served on the original landowners, officials admitted that no acknowledgement or proof of service was available in official records.
The HC observed that merely claiming notices had been issued was not enough. A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande said the law requires proper notice to landowners before land can be declared forest land.
The judges relied on the Supreme Court ruling in Godrej and Boyce Manufacturing Company Limited v. State of Maharashtra, which states that the government must prove not only that notices were issued, but also that they were properly served.
The court noted that the forest notification had been issued nearly 70 years ago and that the land had changed hands several times since then. It also pointed out that when the Gurung family purchased the property, official records showed no forest-related entry.
Holding that the government had failed to prove proper service of notices, the High Court ruled that the land could not automatically be treated as private forest land. The court subsequently quashed the government’s entry and granted relief to the family.
