Case Note & Summary
The petitioners, non-tribals, purchased agricultural land in Mouza-Vilam, Taluka Nagbhid, District Chandrapur, by a registered sale deed dated 8.2.1972 from one Shri Raje Fattelal Shah Ranshahbapu Sayyam (Deceased), who was a tribal. In the year 1975-76, the Additional Tahsildar, Bramhapuri initiated suo-motu proceedings under Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (the Act) on the ground that the transfer was by a tribal to a non-tribal. However, those proceedings were dropped by an order dated 7.12.1976 passed by the Sub-Divisional Officer, Bramhapuri, based on a report that the tribal transferor expressed inability and reluctance to personally cultivate the land and was not ready and willing to pay the price and compensation. Subsequently, Section 5A was introduced into the Act by Maharashtra Act No.30 of 1977, which deals with lands that cannot be restored and provides for their vesting in the State Government. On 22.4.2002, the Sub-Divisional Officer, Bramhapuri, exercising powers under Section 5A, passed an order holding that the land in question is deemed to have been acquired and stands vested in the State Government free from all encumbrances. The petitioners appealed to the Maharashtra Revenue Tribunal (M.R.T.), Nagpur, which dismissed the appeal and confirmed the order on 19.4.2010. Hence, the petitioners filed the present writ petition. The court noted that the only contention raised by the petitioners was that since the earlier proceedings under Section 3 were dropped, the subsequent proceedings under Section 5A could not be initiated. The court rejected this contention, holding that Section 5A is a separate and independent provision that operates automatically to vest lands in the State Government where restoration is not possible. The court found no merit in the petition and dismissed it, upholding the orders of the authorities below.
Headnote
A) Land Laws - Restoration of Lands to Scheduled Tribes - Section 5A of Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 - Deemed Acquisition - The court considered whether land transferred by a tribal to a non-tribal in 1972, where earlier suo-motu proceedings under Section 3 were dropped in 1976 due to the tribal transferor's unwillingness, could later be deemed acquired under Section 5A introduced in 1977. The court held that the subsequent introduction of Section 5A operates to vest such lands in the State Government, and the earlier dropping of proceedings does not bar such vesting. (Paras 2-5)
Issue of Consideration
Whether the order passed by the Sub-Divisional Officer under Section 5A of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, declaring that the land in question is deemed to have been acquired and vested in the State Government, is valid and sustainable in law.
Final Decision
The writ petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Section 5A of Maharashtra Restoration of Lands to Scheduled Tribes Act
- 1974
- Deemed acquisition
- Vesting of land in State Government
- Non-Tribal purchaser
- Suo-motu proceedings
- Dropped proceedings
- Subsequent legislation
