PERCY JAMSHED DRIVER Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-5-17
HIGH COURT OF BOMBAY
Decided on May 04,2021

Percy Jamshed Driver Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

MILIND N.JADHAV,J. - (1.)Heard Mr. Jamsheed Master, learned counsel for the Petitioners, Ms. R.M. Shinde, learned AGP for Respondent Nos. 1 and 3 and Mr. A.M. Sethna, learned counsel for Respondent No. 2.
(2.)By the present Petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for the following reliefs:-
"(a) That this Hon'ble Court be pleased to quash and set aside the recommendations made in the impugned letter dated 17th October, 2019 and 10th February, 2021 by Respondent No. 3 and direct Respondent No. 1 not to act on the said recommendations;

(b) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or such other writ as this Hon'ble Court may deed fit to Respondent Nos. 1 and 2 to expeditiously decide the pending application under section 2 of the Forest (Conservation) Act, 1980."

(3.)The Petitioners have challenged the validity and legality of two communications dated 17.10.2019 and 10.02.2021 issued by Respondent No.3 i.e the Principal ChiefConservator of Forest, Nagpur (through its Nodal Officer) to Respondent No. 1 i.e the Principal Secretary, Revenue and Forest Department, State Government of Maharashtra recommending withdrawal of the recommendation made by the State Government vide letter dated 01.06.2007 to the Central Government for seeking approval under section 2(ii) of the Forest (Conservation) Act, 1980.


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