Case Note & Summary
The High Court of Judicature at Bombay, Nagpur Bench, Nagpur heard together a first appeal and a writ petition arising from a dispute over compensation for land acquired under the Coal Bearing Areas (Acquisition and Development) Act, 1957 and restoration of tribal land under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. The land in question was survey No.56 admeasuring 2.20 acres at village Belsani, tahsil and district Chandrapur, sold by Soma, Bala and Sitaram, sons of Laxman Kodape, to Bhiwa Dawre, father of the appellant in First Appeal No.340 of 2021, by registered sale deed dated 30.8.1973. After Bhiwa Dawre's death, his daughter Suman became the owner and possessor. The legal heirs of the vendors, who claimed to belong to the Scheduled Tribe 'Gond', filed an application under Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 before the Tahsildar on 5.1.2011 for restoration of the land. The Tahsildar rejected the application on 17.8.2012 for want of jurisdiction. The claimants preferred a revision under Section 7 of the Act before the Additional Commissioner, Nagpur, who allowed the revision partly on 29.4.2014 and remanded the matter to the Sub Divisional Officer for adjudication. The Sub Divisional Officer by order dated 6.3.2020 allowed the application and directed restoration of the land to the claimants. The appellant challenged this order before the Maharashtra Revenue Tribunal in Appeal/S.T. RESTO/CHA-9/2020, which was pending. Meanwhile, the land was acquired by Western Coalfields Limited under the Coal Bearing Areas Act; Notification under Section 7 was issued on 11.6.2012 and the land vested in the Central Government under Section 9 on 26.3.2014. Western Coalfields Limited filed compensation case No.33/2020 before the Special Tribunal to determine the rightful claimant. The appellant claimed the compensation as owner, while the respondents claimed based on the restoration order. The Special Tribunal by order dated 24.3.2021 held that the respondents were entitled to receive compensation and directed Western Coalfields Limited to provide employment under the R&R Policy 2012. The appellant challenged this order in First Appeal No.340 of 2021. Subsequently, on 24.8.2021, the Maharashtra Revenue Tribunal quashed the Sub Divisional Officer's order and remanded the matter back, which the respondents challenged in Writ Petition No.5017 of 2021. The appellant argued that the Special Tribunal had no jurisdiction to decide title or tribal status, that the Act of 1974 applied only to agricultural lands and the land ceased to be agricultural after vesting, that the vendors were not Scheduled Tribes on the date of transfer because the Gond community's inclusion in the 1950 Constitution (Scheduled Tribes) Order had area restrictions removed only in 1976, and that the later special Act with a non obstante clause should prevail. The respondents contended that the Special Tribunal rightly held them entitled to compensation and that the restoration order was valid. The available excerpt of the judgment ends during the hearing of arguments, and no final decision or ratio decidendi is provided in the text.
Headnote
A) Administrative Law - Tribunal Jurisdiction - Special Tribunal under CBA Act cannot decide title or tribal status; only compensation entitlement - Coal Bearing Areas (Acquisition and Development) Act, 1957, Sections 7 and 9; Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, Section 10 - The appellant contended that the Special Tribunal exceeded jurisdiction by determining title and tribal status when its role is limited to compensation; the court heard arguments on exclusivity of Collector's jurisdiction (Paras 6,8).
B) Statutory Interpretation - Non Obste Clauses and Later Special Act - When two special statutes contain non obstante clauses, the later special Act prevails - Coal Bearing Areas (Acquisition and Development) Act, 1957; Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 - The appellant relied on Solidaire India Ltd. to contend that the later Act prevails; issue whether CBA Act (1957) or Act of 1974 (1975) governs (Paras 8-9).
C) Tribal Land Restoration - Temporal Applicability of Scheduled Tribe Status - Constitution (Scheduled Tribes) Order, 1950; Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, Section 3 - The respondent claimants were required to prove that the transferor was a Scheduled Tribe on the date of transfer; the Gond community was included with area restriction in 1950 and restriction removed in 1976, so transfer in 1973 may not have been by a tribal under the Act (Paras 6,8).
D) Property Law - Agricultural Land Cessation and Vesting - Coal Bearing Areas (Acquisition and Development) Act, 1957, Sections 7 and 9 - Once land vested in Central Government under Section 9 notification on 26.3.2014, it ceased to be agricultural land, and Act of 1974 (applicable to agricultural lands) no longer applied; restoration order dated 16.3.2020 was non est (Paras 5-6,8).
E) Compensation and Employment - Entitlement of Claimants - Coal Bearing Areas (Acquisition and Development) Act, 1957; Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, Section 3 - The Special Tribunal held respondents entitled to compensation and directed WCL to provide employment under R&R Policy 2012; the appellant challenged this, arguing compensation right crystallized on 26.3.2014 before restoration (Paras 6,8).
Issue of Consideration
Whether the Special Tribunal under the Coal Bearing Areas (Acquisition and Development) Act, 1957 had jurisdiction to decide tribal status and title, whether land ceased to be agricultural land after vesting under Section 9 of the CBA Act, and whether the respondents were entitled to restoration of land and compensation.
Final Decision
Not mentioned in the provided excerpt.
Law Points
- Special Tribunal under Coal Bearing Areas (Acquisition and Development) Act
- 1957 determines compensation and rightful claimant
- Collector under Maharashtra Restoration of Lands to Scheduled Tribes Act
- 1974 has exclusive jurisdiction over tribal restoration claims
- later special Act with non obstante clause prevails over earlier special Act
- Act of 1974 requires order for restoration and does not automatically invalidate transfer
- Act applies to agricultural lands only and ceases when land vests in Central Government under CBA Act
- tribal status determined by Constitution (Scheduled Tribes) Order
- 1950 with area restrictions at time of transfer
Case Details
2023 LawText (BOM) (07) 153
First Appeal No.340 of 2021 and Writ Petition No.5017 of 2021
Shri Rohit Joshi, Shri Madhur Deo, Shri L.H.Kothari, Shri M.B.Turankar, Shri Rohan Chandurkar
Sau.Suman w/o Sudhakar Patil (Appellant in First Appeal No.340 of 2021; Respondent No.1 in Writ Petition No.5017 of 2021)
Sau.Tarabai Dadaji Tekam, Sau.Girija Yadav Tekam, Sau.Powra Madhukar Tekam, Sau.Goura Maroti Tekam, Office of Area General Manager Western Coalfields Ltd. (Respondents in First Appeal); Sub Divisional Officer Chandrapur (Respondent No.2 in Writ Petition)
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Nature of Litigation
Civil dispute combining first appeal and writ petition involving compensation for land acquired under Coal Bearing Areas Act and restoration of tribal land under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
Remedy Sought
In First Appeal No.340 of 2021, appellant sought to quash the Special Tribunal order dated 24.3.2021 directing WCL to pay compensation and provide employment to respondent Nos.1-4; in Writ Petition No.5017 of 2021, petitioners sought to quash the Maharashtra Revenue Tribunal order dated 24.8.2021 remanding the restoration matter to Sub Divisional Officer.
Filing Reason
Dispute arose over ownership of survey No.56 after vendor's legal heirs claimed Scheduled Tribe status and sought restoration, while land was acquired by WCL and compensation became payable.
Previous Decisions
Tahsildar rejected restoration application on 17.8.2012 for want of jurisdiction; Additional Commissioner allowed revision on 29.4.2014 and remanded matter; Sub Divisional Officer allowed restoration on 6.3.2020 (also mentioned as 16.3.2020); Special Tribunal ordered compensation to respondent Nos.1-4 on 24.3.2021; Maharashtra Revenue Tribunal quashed SDO order and remanded on 24.8.2021.
Issues
Whether the Special Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957 has jurisdiction to decide tribal status and title, or only to determine compensation and the rightful claimant.
Whether land acquired and vested in the Central Government under the Coal Bearing Areas Act ceases to be agricultural land, thereby excluding the application of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
Whether the vendors were members of a Scheduled Tribe on the date of transfer (30.8.1973) given that the Gond community was included in the Constitution (Scheduled Tribes) Order, 1950 with area restrictions that were removed only in 1976.
Whether the right to compensation crystallized on the date of vesting (26.3.2014) before any restoration order was passed, and whether the later restoration order could affect compensation entitlement.
Whether the non obstante clauses in two special statutes require that the later Act prevail over the earlier Act.
Submissions/Arguments
Appellant argued that the Special Tribunal exceeded its jurisdiction by deciding title and tribal status; the Collector under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 alone had jurisdiction over restoration claims.
Appellant contended that the Act of 1974 does not provide for automatic restoration; it requires an order, and the right to claim compensation stood crystallized on 26.3.2014 when the land vested in the Central Government and before any restoration order was passed.
Appellant further submitted that the vendor was not a tribal on the date of transfer because the Gond community was included in the 1950 Scheduled Tribes Order with area restrictions removed only in 1976, and therefore the transfer was not covered by Section 3 of the Act of 1974.
Appellant argued that the Act of 1974 applies only to agricultural lands, and after vesting under Section 9 of the Coal Bearing Areas Act the land ceased to be agricultural, making the Sub Divisional Officer's restoration order non est and a nullity.
Respondents claimed that they belonged to the Scheduled Tribe 'Gond' and relied on caste validity certificates issued in favour of Vinod Tekam; they contended that the Special Tribunal rightly held them entitled to compensation and employment under the R&R Policy 2012.
Ratio Decidendi
Not mentioned in the provided excerpt.
Judgment Excerpts
The Special Tribunal decided the compensation application in favour of respondent Nos.1 to 4/petitoners and held that they are entitled to receive the compensation and directed the WCL to provide employment to Vinod Girija and Yadav Tekam in accordance with R&R Policy of 2012.
The Act of 1974 does not provide for automatic restoration of the land transferred by a tribal to a non-tribal. There has to be an order for restoration of land.
As on this date, the appellant was owner of the property and the restoration order was also not passed and, therefore, the compensation ought to have been granted to the appellant.
Procedural History
The land was sold by the original owners to the father of the appellant on 30.8.1973. The legal heirs of the vendors filed an application for restoration under Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 before the Tahsildar on 5.1.2011. The Tahsildar rejected the application on 17.8.2012 for want of jurisdiction. A revision under Section 7 was filed before the Additional Commissioner, who allowed it partly on 29.4.2014 and remanded the matter to the Sub Divisional Officer. The Sub Divisional Officer by order dated 6.3.2020 allowed restoration. The appellant challenged this order before the Maharashtra Revenue Tribunal, Nagpur in Appeal/S.T. RESTO/CHA-9/2020, which was pending. Meanwhile, Notification under Section 7 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 was issued on 11.6.2012, and the land vested in the Central Government under Section 9 on 26.3.2014. Western Coalfields Limited filed compensation case No.33/2020 before the Special Tribunal. The Special Tribunal by order dated 24.3.2021 held the respondent Nos.1-4 entitled to compensation and directed employment under R&R Policy 2012. The appellant filed First Appeal No.340 of 2021 challenging this order. On 24.8.2021, the Maharashtra Revenue Tribunal quashed the Sub Divisional Officer's order and remanded the matter, which the respondents challenged in Writ Petition No.5017 of 2021.
Acts & Sections
- Coal Bearing Areas (Acquisition and Development) Act, 1957: Section 7, Section 9
- Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974: Section 3, Section 7, Section 10
- Constitution (Scheduled Tribes) Order, 1950:
