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MIDC Act – acquisition of land & Forest Land

July 31, 2025 legaldeli

In 1994, the petitioners were allotted plot No.A-350 on Survey No.130 of ITC Industrial Area, MIDC, Navi Mumbai.

In 2014, the petitioners applied for allotment of adjacent plot for expansion. The allotment order dated 23.7.2015 was issued. The petitioners paid Rs.5 crores.

However, the Forest Department raised an objection that the land Survey No.134 is forest land. MIDC informed the Forest Department that the said land was acquired by the State Government and possession was given to the MIDC. It was part of the notified industrial area of MIDC and requested for its deletion as forest land. The MIDC decided to allot another plot. However, the Forest Department claims that it is forest land.

According to the Forest Department, Survey No.134 is private forest because notice dated 6.3.1957 was issued to the original owners under Section 35 o f the Indian Forest Act, 1927. Once such a notice was issued, then it is private forest under section 2(f)(iii) of the Maharashtra Private Forest (Acquisition) Act, 1975. The land does not change from forest to non forest just because the land was acquired by the MIDC.

HELD that merely because notice issued under the Indian Forest Act, 1927, the land does not become private forest unless it is shown that the said notice was served on the owners. Secondly, the Forest Department did not object to the acquisition of the said land in 1965 for industrial purpose. It is not explained as to why the Forest Department has woken up after 50 years of acquisition.

Judgment dated 25.7.2025 of the Bombay High Court in Writ Petition No.706 of 2024 of M/s Jabs International Pvt Ltd Vs. State of Maharashtra and others

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