Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Restoration of Lands to Scheduled Tribes Act SA and 7 - Proceedings u/s. 4 dropped by orderdated-31.12.1975 on the ground that the tribal was not prepared to purchase the land - In 1985 initiation of proceedings u/s. 7 by revisional authority after the Government accorded sanction - Revisional authority held that the tribal land was liable to be restored- Writ petition by transferee challenging order of revisional authority - High Court allowed the petition on the grou 197 4 - ss. 4 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Restoration of Lands to Scheduled TribesAct, 197 4 - ss. 4, SA and 7 - Proceedings u/s. 4 dropped byorder dated-31.12.1975, on the ground that the tribal was notprepared to purchase the land - In 1985 initiation ofproceedings u/s. 7 by revisional authority after theGovernment accorded sanction - Revisional authority heldthat the tribal land was liable to be restored- Writ petition bytransferee challenging order of revisional authority - HighCourt allowed the petition on the ground that the revisionaljurisdiction u/s. 7, having been exercised beyond a periodof 3 years, was barred by limitation- On appeal, held: Whenthe proceedings uls. 7 are initiated on getting sanction fromthe State Government, the same can be initiated beyond theperiod of 3 years- In the circumstances of the case, the powerexercised by the revisional authority is within reasonableperiod and hence not barred by limitation- The proceedingsuls. 4 cannot be dropped even if the tribal-transferor is notinterested in getting back his land- The Collector is requiredto proceed further to divest the non-tribal transferee and passorder for vesting the land in the State Government - Matterremitted to High Court to decide the matter on merit -Limitation.Practice and Procedure - Writ petition challenging theorder passed under Maharashtra Restoration of Lands toscheduled Tribes Act - Non-impleadment of State or itsauthorities - Held: In litigation on welfare legislations, the Acourt should see that the Government and the authoritiesconcerned are impleaded for proper defence and effectiveassistance - Maharashtra Restoration of Lands to ScheduledTribes Act, 1975. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2015 INSC 639 |
Petitioner | Sandu (d) By Lrs. |
Respondent | Gu Lab (d) By Lrs. And Others |
SCR | [2015] 10 S.C.R. 334 |
Judgement Date | 2015-09-04 |
Case Number | 3470 |
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