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The Supreme Court has stayed a Bombay High Court ruling that had set aside the acquisition of 193 acres in Thane’s Manpada-Chitalsar area, which was earlier treated as private forest land. The High Court had upheld a tribunal order favouring the landowner, citing procedural lapses in the state’s acquisition process and directing compensation through Transferable Development Rights. The long-pending dispute revolves around the classification of the land and legality of acquisition. With the stay now in place, implementation of the High Court’s directions remains on hold until further hearings.
The Supreme Court has stayed the Bombay High Court’s decision that had released 193 acres of land in Thane from acquisition under the Maharashtra Private Forests (Acquisition) Act, bringing the matter back under judicial review. Advertisement
The land parcel is located in the Manpada-Chitalsar area of Thane and has been under dispute for several decades. The core issue has been whether the land qualifies as “private forest” and whether the state government had followed due process while acquiring it in the 1970s.
The Bombay High Court, while dismissing the state government’s appeal, had upheld a 2017 order of the Maharashtra Revenue Tribunal. The tribunal had found that the acquisition proceedings were not legally valid due to lapses in the process followed by authorities.
The High Court had observed that the notice issued at the time of acquisition was not properly authorised and had not been duly served on the landowner. It stated that such procedural defects made the acquisition unsustainable in law. The court conveyed that compliance with statutory requirements is essential before classifying land as private forest and taking control of it.
Another key aspect noted by the High Court was the extent of development already carried out on the land. A substantial portion, over 100 acres, had reportedly been used over the years for public infrastructure such as roads and other civic amenities. This factor was considered while examining the status and use of the land.
Based on its findings, the High Court had directed the Thane Municipal Corporation to compensate the landowner by granting Transferable Development Rights (TDR) within a specified period. This direction was linked to the land that had been utilised for public purposes.
The state government, however, challenged this decision before the Supreme Court. It argued that the land qualified as deemed forest under applicable laws and should remain under government control. The state also raised concerns related to environmental protection and preservation of forest land in urban regions.
On the other hand, the landowner maintained that the land did not meet the legal criteria of a private forest and highlighted that it had been used for non-forest purposes, including agriculture and development activities, over a long period.
With the Supreme Court granting a stay, the High Court’s order will not be implemented for now. This means that the direction to grant TDR and any related actions will remain paused until the matter is heard further.
The case also fits into a larger pattern of disputes in Maharashtra where land classified as private forest has been challenged due to procedural gaps in acquisition. Courts in the past have stressed that proper notice, clear classification, and adherence to legal provisions are necessary before such land can be vested with the state.
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