Adivasi land
Kanti jain
(Querist) 17 March 2014
This query is : Resolved
Kindly agree/disagree with interpretation on the following points.
1.The Adivasi can not transfer the ownership of land through any means as per M.L.R.Code in maharastra but
2.Surely he can develop land for any bonafide industrial use by intimating the collector u/s 44 A of M.L.R.Code.1966. if not why?
3.If yes than surely he can develop the land through the joint venture with the non adivasi partner either on profit sharing basis or on sharing the buildup area basis.
4.If on sharing of buildup area than the non adivasi partner will be able to sell their share of the buildup area to non adivasis at his will.since the both are not selling the land but the buildup area of his share.
4.Once the buildup area is all sold to buyers then obivously the adivasi had to transfer the land to the society formed by the buyers consisting of adivasi/non advasi members as per the law in maharastra.
Kindly correct me if my interpretation is wrong on any of the above point since adivasi do have a right to use the land for the betterment.
I will expect yr detail reasoning on the above.Regards
Kanti jain
(Querist) 18 March 2014
Sorry sir,with all due respect it is not academic query but very serious legal point of view which you may not have an answer.
Hemant Agarwal
(Expert) 18 March 2014
CONTRARY to Theoretical Expectations, of the querist:
1. Agricultural Land is "alloted" to Tribal community is on "Right to Usage", by the Govt., specifically for self-sustanance of the Tribal community, ONLY FOR AGRICULTURAL PURPOSES.
2. However the "Title-Ownership" of such alloted agricultural land is solely vested only with the Govt. Hence such "Tribal Land" is not sell'able by the Tribal themselves, UNLESS & UNTIL, specific permission is sought from the area collectors office, subject to payment of relevant taxes /fines/ penalties /nazarana's and compliance of various documentary procedures.
3. Provision u/s 44A (MLRC), is applicable ONLY to "Free-Hold Title-Holders" of Agricultural Land, and since Tribal Land, is not Free-Hold, the parameter u/s 44A, cannot be exercised by a Tribal, since it would amount to circumventing the objective of alloting land to Tribals for their agricultural sustance.
4. Using of Tribal's "Agricultural Purpose Land", for "bonafide industrial use", CAN be achieved only under LA Act, which has to serve "larger interest of the public" or "Public purposes".
ALSO read the following link, for other basic details:
http://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Kanti jain
(Querist) 19 March 2014
Thanks aggarwalji for valuable informaion but i would love to do a brain storming session on this point bcse i feel that with thses kind of restriction,the adivasis are discriminated and these protection is infact a hindance totheir uplift ment and against the true sprit of constitution of inddia.thnx once again.
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
Mr.Hemant Agarwal's information was very useful and convincing. The author may do his exercise outside instead of posting queries of academic interest, because this portal is platform for all those in distress and really in need of legal solutions/suggestions to mitigate their legal problems and not for somebody's commercial benefits.
Kanti jain
(Querist) 20 March 2014
Sorry mr.kaliselven,i already expressed my desire to do brain storming with mr.aggarwalji outside this forum.By the way my points were for not commercial benfit but for upliftment for adivasi indian againt whom u might have some reservation,i suppose.regards
