RAOJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Constitutionality of section 36-A of the Maharashtra Land Revenue Code, 1966 (the Code) is questioned in this batch of petitions.

(2.) The petitioners are all "non-Tribals" who have purchased occupancies from "the Tribals"-a term within the meaning of explanation to sub-section (4) of section 36 of the Code as amended by Act No. XXXV of 1974 (The Act) which was brought into force with effect from 6th July, 1974. All the transfers are subsequent to that date and are undisputedly in violation of section 36-A. The transactions are declared invalid on merits after enquiry. Though feeble attempt was made to challenge these orders there is nothing on record to justify interference under Article 226. What really survives is multi headed attack on section 36-A under Articles 14, 15(4), old Articles 19(1)(f) and 31 and new Article 300-A of the Constitution.

(3.) Section 36 before its amendment by the Act had put a restriction on transfer of occupancies belonging to certain declared Tribals in favour of non-Tribals. Previous sanction by Collector was a must and in its absence the transaction became voidable at the instance of a tribal who was given a right to apply within 2 years for restoration of land. Additional and more stringent restrictions were considered urgently necessary. Governor of the State promulgated the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Ordinance, 1974 on 6th July, 1974 and to convert the said Ordinance into an Act a bill was introduced in the State Legislature setting out the following as its objects and Reasons :