Rajendra Digambar Aagale vs State of Maharashtra

Grievance in this application is that forest land at Ahmednagar, Maharashtra has been illegally allotted by the Education Department to Mula Educational Society for non forest purposes and a Saw Mill was being illegally run in forest area. Vide order dated 15.11.2018, the Tribunal sought a factual report in the matter from the concerned Divisional Forest Officer and the Maharashtra State Pollution Control Board. Accordingly, report was received which confirmed the allegation about illegal allotment of forest land for non forest purposes. Accordingly, vide order dated 01.03.2019, the Tribunal directed further action, following due procedure of law. It was further directed that compensation be recovered for the illegality involved. Operative part of the order is reproduced below:

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In view of admitted position stated in the report that the lease has been given on Forest land for non-forest activity in violation of law, we direct the Collector, Ahmednagar to forthwith take necessary steps according to law without waiting for any further orders from any other authority and furnish an action taken report within one month by email at [email protected]. The Deputy Conservation of Forest may take over the possession of the forest land in accordance with the prescribed procedure and furnish an action taken report within one month by email at [email protected] .

The Collector and the Deputy Conservation of Forest may jointly make an assessment of compensation to be recovered from the beneficiary for the illegality involved.”

Against the above order, Civil Appeal No. 3270/2019, Mula Educational Society vs. The State of Maharashtra & Anr. was filed before the Hon’ble Supreme Court with the grievance that the appellant before the Hon’ble Supreme Court had not been heard and infact the land was not the forest land. The appeal has been allowed vide order dated 23.11.2022 to the extent of direction that Mula Educational Society may be heard by the Tribunal and their stand examined. The operative part of the order of the Hon’ble Supreme Court is as follows:-

“The learned counsel for the appellant has drawn our attention to the additional documents enclosed with the affidavit dated 30.09.2022. As per the appellant, the land in question was de-reserved as forest land way back in the year 1935 under the Indian Forest Act, 1927. The learned counsel for the State of Maharashtra, however, is unable to guide us on the said aspect as he has not been able to get the instructions. Similar plea is also raised by the learned counsel appearing for Rajendra Digambar Aagale, respondent no.2, on whose complaint/application the impugned order dated 01.03.2019 was passed by the National Green Tribunal, Principal Bench, New Delhi (NGT).

It is also an accepted and agreed position that the impugned order dated 01.03.2019 was passed without giving notice to the appellant, namely, Mula Education Society, which claims that it has been running the educational institution on the said land for over 30 years. It claims having perpetual lease hold rights on the land.

In view of the aforesaid position, we set aside the impugned order dated 01.03.2019 and remit the matter to the NGT for fresh decision without being influenced by the earlier order. However, the pleadings and the reports received by the NGT can be taken into consideration and will form part of the record. Equally, the appellant before us, namely Mula Education Society, would be entitled to file pleading, reply and documents, including the documents relied upon by them before this court. These, that is, reply and documents, may be filed before the NGT within a period of six weeks from today.

Recording the aforesaid, the appeal is allowed, and the impugned order dated 01.03.2019 is set aside. We clarify that the observations made in this order are for disposal of the present appeal. The NGT will examine the issues and contentions on merits without being influenced by any observation in the present order.”

In pursuance of above, the PP has filed an affidavit on 06.12.2022 stating as follows:-

“5. In these circumstances, the Mula Educational Society viz. the Appellant in the Civil Appeal No. 3270 of 2019 is filing the present Affidavit to bring on record the orders passed by the Hon’ble Supreme Court with regards to the Original Application No. 734 of 2018 filed before the Hon’ble National Green Tribunal. Also, vide the present Affidavit, the Mula Educational Society seeks liberty of this Hon’ble Tribunal to appear in the Original Application No. 734 of 2018 listed before this Hon’ble Tribunal on 08.12.2022 and in their interregnum file their Reply/Documents before this Hon’ble Tribunal in terms of the direction passed by the Hon’ble Supreme Court.”

We have heard learned counsel for the parties. Since none appears for the State of Maharashtra and order of this Tribunal is based on the report of the State which is disputed by the Society, the issue needs to be examined after looking into the record and hearing the parties, including the Society by the State authorities in the first instance.

Accordingly, we direct that the Revenue Secretary, Maharashtra may hear the concerned parties and take a decision about the nature of the land and validity of lease granted to the Society, within three months.

The parties are directed to appear before the Revenue Secretary, Maharashtra for further proceedings on 10.01.2023 at 11.00 AM so that further proceedings can be taken in the matter at that level.

It is made clear that if the parties are aggrieved by the decision taken by the Revenue Secretary, it will be open to them to take remedies as per law.

The application is disposed of.

A copy of this order be forwarded to the Revenue Secretary, Maharashtra by email for compliance.