Adivasi - tribal land in maharashtra
kapeed
(Querist) 13 October 2012
This query is : Resolved
I am a tribal from Sinnar ( Nashik Dist.) . In year 1990, I had purchased 3 Acres of agricultural land from a non-tribal, from my hard earned money. This was an investment and the sole purpose of this purchase was to gain profit , subsequently. Revnue Authorities who were knowing my status of being tribal, put the remark on my 7-12 as " tribal land". Now, I am facing big problem in disposing it .
If I have purchased land from non-tribal from my own income how authority can put the stamp of " adivasi Land" on my 7/12? What exactly is the defination of "Tribal Land"? It is not specifically mentioned in sec. 36 of MLRC.
I request experts to suggest me the solution.
Thanx.
ajay sethi
(Expert) 13 October 2012
Section 36A prohibits the transfer of an occupancy of a tribal in favour of non tribal except with the previous sanction of the Collector (where the period of lease or mortgage does not exceed five years) or with the previous sanction of the Collector and the previous approval of the State Government (in other cases). The transfer of occupancy may be by way of a sale, gift, exchange, mortgage, lease "or otherwise". The legislature has designedly used broad language so as to incorporate all the five recognised modes by which property may be transferred under the Transfer of Property Act, 1882. Significantly the legislature has expanded the ambit of the modes in which property can be transferred by using the words "or otherwise". The plain object of the legislature was to reach out to all modes Chandka 10 NM-S-L-581-11 by which the occupancy of a tribal may be conveyed to a non tribal. The legislature was conscious of the fact that devious methods may be employed to divest tribals of their occupancy and the modes of transfer which are taken recourse to may not conform to the conventional modes for the transfer of property such as by sale, gift, exchange, mortgage or lease. Whatever be the mode of transfer, if the consequence is to effect a transfer of the occupancy of a tribal to a non tribal, the requirement of prior permission would be attracted. The Collector, even when he grants his sanction is empowered to do so subject to such conditions as may be prescribed. A transfer in violation of the provisions of Sub Section (1) of Section 36A would be invalid and of no legal consequence.
ajay sethi
(Expert) 13 October 2012
a Division Bench of this Court in Raoji Baliram Urkude vs. State of Maharashtra & Anr.1, held that the provision has been enacted with a view to protecting tribals against invidious discrimination and that the classification which was made by the legislature had a clear nexus to the object sought to be achieved. The Division Bench held as follows: " Historical truth is that the Tribals belong to weaker sections of society which have been subjected to varied and worst types of exploitation by taking undue
advantage of their backwardness, meekness and helplessness
kapeed
(Querist) 15 October 2012
Thanx Sethi Sir,
But the question remains unanswered,
As per my apprehension, Tribal land is the land given by Government to Tribals i.e. Inami Land. Whereas in instant case the land is purchased by me from non-tribal . In such how Govt. can enforce Sec. 36 in my case? If a tribal is wise to purchase land from non-tribal how he can be fooled or deceived or cheated by others?
I again request all experts to show me the exact defination of "Tribal Land" in MLRC .
Is the issue so complicated?
kapeed
(Querist) 16 October 2012
Reply please?
