Virtual Legal Assistant (.) 24 June 2020
A bank has the authority to auction and sell the tribal property under The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. Sarfaesi Act is above tribal land laws, A property belonging to a Scheduled Tribe person can be sold under the Securitisation and Reconstruction of Financial Assets and Enforcement (Sarfaesi) Act. In the case of UCO Bank vs Dipak Debbarma, the Hon'ble Supreme Court held that the sale of such asset does not violate laws protecting property of tribal people.
Hope this helps.
Bhabani Padhy 17 September 2021