Forest dept. records 80 fresh ownership claims following SC ruling

A senior official from the forest department said that the SC verdict has encouraged individuals and entities to assert claims over lands earlier categorised as ‘private forests’

After the Supreme Court (SC) on November 8, 2025, struck down a 2018 judgement of the Bombay high court (HC) treating several privately-owned lands in Maharashtra as ‘private forests’ vested in the state, the state forest department has reported a surge in fresh ownership claims, particularly from western Maharashtra. Nearly 80 new applications have been filed before the Bombay HC, prompting the forest department to prepare an extended round of legal proceedings.

According to forest department data, Maharashtra has approximately 1.69 lakh hectares of land classified as ‘private forests’. (REPRESENTATIVE PIC)

A senior official from the forest department said that the SC verdict has encouraged individuals and entities to assert claims over lands earlier categorised as ‘private forests’. The official said, “Since November 2025, we have received around 80 fresh applications. More are expected in the coming weeks. All these matters will now be heard before the Bombay HC.” Officials said that the SC judgement is now being cited as a base document in the fresh ownership claims being filed. “The verdict has strengthened the position of applicants seeking formal recognition of ownership,” an official said.

According to forest department data, Maharashtra has approximately 1.69 lakh hectares of land classified as ‘private forests’. Of this, around 15,000 hectares of land is located in Pune district while the remaining land is concentrated in districts such as Alibaug, Nashik, Mumbai, Palghar, Satara and Kolhapur. A significant portion of the land falls in the ecologically sensitive western ghats’ region.

Officials said that following the apex court’s ruling, construction activity on such land has increased. “It is becoming difficult to restrain ongoing construction. We are also seeing a rise in building permission applications for these lands,” a forest official said, adding that the department is closely monitoring the situation.

On November 8, 2025, the SC held that the government cannot claim ownership of ‘private forests’ without strictly following the procedural requirements laid down under forest laws. An SC bench comprising justices Vikram Nath and Prasanna B Varale allowed 96 appeals filed by landowners from Mumbai, Pune, Thane and other districts. The court observed that the HC had overlooked mandatory legal procedures, and had not properly applied the principles laid down in the landmark Godrej & Boyce case. Clarifying the legal position, the SC ruled that merely issuing or publishing a notice in the government gazette during the 1950s or 1960s does not automatically convert private land into state-owned forest land. Such notices must be duly served on landowners, who should then be given an opportunity to file objections. Only after completing this statutory process can a final decision be taken under the Indian Forest Act. In the 96 cases under consideration, the SC noted that there was no evidence that the notices had been properly served, no record of objections being heard, and no final notification declaring the land as vested forest. The apex court further observed that the state had never taken physical possession of these lands, which had remained under the use and control of private owners for decades.

While the SC verdict has provided significant relief to landowners, it has come as a setback for the state forest department. The department had expected a ruling in its favour which would enable it take formal possession of thousands of hectares of private forest land, much of it located in the western ghats.

Forest department to file a review petition

The forest department has decided to file a review petition before the SC, challenging aspects of the judgment. According to senior officials, the forest department within three days of the apex court ruling, initiated the process of filing a review plea. However, the court directed that the petition be routed through the state government.

Accordingly, around November 24, 2025, the forest department submitted a draft review petition to the state government, including the chief minister’s office (CMO) and the legal and technical departments. The CMO granted approval earlier this month, and clearance from the legal and technical department is awaited. “Once we receive the final approval, the review petition will be filed immediately,” a senior forest official said.

The proposed review petition will primarily argue that ownership of the disputed lands should be determined in accordance with the statutory definition of private forest land. Mahdev Mohite, deputy conservator of forests, Pune forest department, said that the review will cover 96 cases involving approximately 1,200 to 1,300 hectares of land. “In case of the remaining lands, there are several technical issues such as non-availability of information about legal heirs, lack of supporting documents and other procedural gaps. These lands may still fall under the category of private forests, but the department needs to obtain formal possession to avoid future complications and prevent encroachments,” he said.