ADIVASEE SARVANGIN VIKAS SAMITEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In these proceedings the Petitioner before the Court is a registered Adivasi Sarvangin Vikas Samitee which claims to be working for the welfare and upliftment of the tribal population in the State. The grievance of the Petitioner is that despite the provisions of Section 36A of the Maharashtra Land Revenue Code in which there is a specific bar to the transfer of land from a tribal to a nontribal without the permission of the appropriate authorities, builders and developers cheat tribals out of their rights by executing a development agreement together with a power of attorney. Thereupon plans are submitted to the Municipal Corporation or local body for sanction and permission is obtained without any verification of whether the lands have been transferred to the developer in breach of the mandatory provisions of law. Moreover, the Talathis and Revenue Officers record the names of the builder in the 7/12 extract. Flats are sold to third party purchasers in the development and as a result of which the common citizens are induced to invest monies in such schemes. The relief that has been sought in these proceedings is a direction to the State, the Municipal Corporation, the Inspector General of Registration and Collector to initiate proceedings in respect of lands belonging to tribals where development agreements or agreements to sell have been executed together with a power of attorney by tribals in favour of non-tribals in violation of the provisions of Section 36A, in order that lands are restored back to the tribals. Consequential directions have been sought for mutation of the revenue records. Section 36A(1) provides as follows :

(2.) Section 36A has been amended by the Maharashtra Land Revenue Code and the Maharashtra Restoration of Lands to Scheduled Tribes (Amendment) Act 2010 to substitute the words "within thirty years from the 6th July 2004" for the words "within thirty years from the date of the transfer of occupancy". Similar amendments have been made to the Maharashtra Restoration of Lands to Scheduled Tribes Act 1974.

(3.) An affidavit has been filed by the Additional Chief Secretary (Revenue) on 28 March 2013 in these proceedings. The affidavit discloses in a tabular chart information which is collected from the Divisional Commissioners in the Revenue Divisions of the State and from all the District Collectors in response to an order of the Court dated 26 February 2013 disclosing the number of transactions effected and registered with registration authorities in respect of tribal land across the State of Maharashtra. The chart shows that there were 756 transactions which had taken place of the transfer of tribal land to non tribal persons across the six Revenue Divisions. The affidavit further states that a Government Resolution was issued on 17 March 2012 making it mandatory that while recording entries in the 7/12 extracts maintained by the Talathi, there should be an entry or remark indicating that the land belongs to the tribal. A circular has also been issued on 15 September 2010 and on 2 April 2012 to all Collectors directing them to ensure that when permission has to be granted under Section 36A of the Maharashtra Land Revenue Code for the sale of tribal land to a non-tribal, precaution shall be taken to ensure that the tribal is not rendered landless. Instructions have been given by the Inspector General of Registration in a circular dated 25 March 2013 directing all the Registration Officers in the State not to register documents including development agreements and powers of attorney which are prohibited under Section 36A of the Maharashtra Land Revenue Code. A further government circular has been issued on 26 March 2013 to the Collectors, Municipal Councils, Municipal Corporations and other development authorities not to allow non-agricultural permission and development permission where the tribal land is transferred without prior permission under Section 36A.