SAU.SUMAN Vs. TARABAI DADAJI TEKAM

JUDGEMENT

(1.) By the first appeal, the appellant has challenged judgment and order dtd. 24/3/2021 passed by the Special Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter is referred as, "the CBA Act") whereby the Special Tribunal directed respondent No.5 the Western Coalfileds Limited (WCL) to pay compensation to respondent Nos.1 to 4 and to provide employment.

(2.) By the writ petition, the petitioners (respondent Nos.1 to 4 in FA No.340/2021) have challenged order dtd. 24/8/2021 passed by learned Member of the Maharashtra Revenue Tribunal, Nagpur in Appeal/S.T. RESTO/CHA-9/2020 remanding the matter back to the Sub Divisional Officer, Chandrapur.

(3.) Brief facts necessary for disposal of the appeal and the petition, are as under: Soma, Bala, and Sitaram, who are sons of Laxman Kodape, sold 2.20 acres of land bearing survey No.56 situated at village Belsani, tahsil and district Chandrapur to Shri Bhiwa Dawre ' the father of the appellant, vide registered sale deed dtd. 30/8/1973. After the death of Bhiwa Dawre, the appellant being his daughter, became an absolute owner of the property and came in exclusive possession of the same. The respondent Nos.1 to 4/petitioners, who are legal heirs of the vendor, who claimed to be persons belonging to the Scheduled Tribe "Gond", filed an application under Sec. 3 of the Maharashtra Restoration of Lands to the Scheduled Tribes Act, 1974 ("the Act of 1974") for restoration of the suit property. The application, by the respondent Nos.1 to 4/petitioners, was filed before the Tahsildar at Chandrapur on 5/1/2011 which was rejected by order dtd. 17/8/2012 for want of jurisdiction. The respondent nos.1 to 4/petitioners, therefore, preferred a revision under Sec. 7 of the Act of 1974 before the Additional Commissioner, Nagpur challenging the said rejection order. The Additional Commissioner has allowed the revision by order dtd. 29/4/2014 partly. The matter was remanded back to the Sub Divisional Officer for adjudication without disturbing finding regarding the jurisdiction. The respondent Nos.1 to 4/petitioners have filed their caste certificates and claimed that they belong to Scheduled Tribe namely "Gond" and relied upon the caste validity certificates issued in favour of Vinod Tekam, the son of the respondent No.2.