JUDGEMENT
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(1.) Since the issues raised and argued in these matters are
inter-connected, we propose to dispose both of them by this
Order. Civil Appeal No. 2147 is filed by the Maharashtra
Land Development Corporation against the State of
Maharashtra seeking to challenge the judgment and order
of the Bombay High Court dated October 8, 2003 in Writ
Petition No. 1052 of 1998. Civil Appeal No. 2148 is filed by
K.N. Shaikh against the State of Maharashtra seeking to
challenge the judgment and order of the Bombay High
Court dated October 8, 2003 in Writ Petition No. 1383 of
2002.
(2.) At the first stage we will deal with Civil Appeal No. 2147,
and after pronouncing the judgment herein we shall deal
with Civil Appeal No. 2148.
(3.) By the judgment in Writ Petition No. 1052 of 1998, the High
Court reversed the order and concurrent findings recorded
by the Sub-Divisional Officer on 23rd April, 1985 and the
Maharashtra Revenue Tribunal on 21st February, 1998
wherein it was held that the land in question is neither
"forest" nor "private forest" as referred to in the
Maharashtra Private Forests (Acquisition) Act, 1975
(hereinafter referred to as "the Act").;
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