To,

The Sub-Divisional Registrar Class-1

Pune Rural
Maharahstra

Sub: In reference to the application dated 30.12.2020 filed by Mrs.

Shagufta Rafiq Ruwala for the cancellation of document no.
7336/2020 and 738/2021 registered in the Office of Sub-
Registrar, Maval – 2, Talegaon, Dhabade

Sir,

1. That we are in receipt of your letter dated 03.01.2022 in

regard to the complaint filed by Mrs. Shagufta Rafiq Ruwala
r/o 55/56, Habib Villa, Burhani College Lane, Nesbit Road,
Mazgaon, Mumbai – 90 and further received a letter to appear
before you on 22.05.2023 at 3:00 Pm.

2. That in regard to the allegation of the complainant that the

sale-purchase of land was done without taking the valid and
proper permission of the Forest Department is bereft of any
merit as the concerned land belongs to ‘Afforestation + Private
Forest overlay’ zone and there is no such permission is
required from the forest department as per section 22A of the
‘Maharashtra Private Forests (Acquisition) Act, 1975,

3. That further the respondent is annexing all the zone

certificates relating to the concerned land for the purpose of
showing that the land belongs to ‘Afforestation + Private
Forest overlay’ zone and as per the Maharashtra Government
Order, permission of the Central Government is not required
 for the purpose of Sale-Purchase of the lands belonging to
that category.

4. That further, the Hon’ble Supreme Court in “Godrej & Boyce

Mfg. Co. Ltd. & Anr. Vs. State of Maharashtra” had decided
several questions of law qua the private forest land scenario
in Maharashtra (wherein the points for determination were
slightly different than the present topic although under the
same acts). In furtherance to the aforementioned Supreme
Court’s decision, the Central Government sought to take a
conclusive decision with regards to the restriction on transfer
of the regranted privately owned forest lands in Maharashtra.
The Ministry of Environment, Forest, and Climate Change
(MoEFCC) in its minutes of meeting dated 20 June 2017
opined and clarified that “The Forest (Conversation) Act, 1980
prohibits only the change in land use by the owner
(Government or private) having control over the forest land. The
FC Act does not prohibit the change in ownership of private
forest by way of sale and transfer as per relevant provisions
in the state so long there is no change in land use of forest.
Any change in land use from forest to non-forest after
25.10.1980 shall be as per the provisions of Forest
(Conservation) Act, 1980.”

5. That further, in view of the aforementioned clarification from

the MoEFCC, the forest deparment of Maharashtra
government issued a circular dated 8 December 2017
stating, inter alia, that for those private lands which have
 been regranted (with the approval of central government) by
the state government under section 22A of the Maharashtra
Private Forest (Acquisition) Act, 1975, there is no restriction
on sale-purchase of the same. However, the use of the land
shall continue to be for only forest purpose.

6. That the respondent herein has never used the land for any
other purpose than mentioned in the Zone.

7. That, further, it is also important to mentioned that the Circle

Officer, Mulshi has already decided against the complainant,
in which the appeal is filed by the complainant before the
Sub-Divisional Officer, Mulshi, which is pending for
consideration for the same issues as raised by the
complainant here before this authority.

8. In view thereof, I pray for the dismissal of the present

complaint filed by the complainant.

Rafiq Dawood Ruwala

Sahana Rafiq Ruwala
Ali Asgar Ruwala
Through
Pune
22.05.2023

Counsel
Richa Pidiha
Mohd Farhan Khan,
Advocates
C-63, New Lawyers Chambers
Shivaji Court Complex
Pune