Bombay High Court Remands Tribal Land Case to Tehsildar for Review
The Nagpur bench of the Bombay High Court has ordered a review of a tribal land restoration case, emphasizing the importance of the Gond community's Scheduled Tribe status date.
The court has directed the tehsildar to reassess the tribal land restoration claim based on the Gond community's recognition date.
Petitioner Prashant Sangidwar claims rightful ownership of the land, which was granted to his father for a dam project.
The case hinges on whether the Gond community was recognized as a Scheduled Tribe before the land transfer in 1973.
The Nagpur bench of the Bombay High Court has sent a significant tribal land restoration dispute back to the tehsildar in Deori. This decision underscores the necessity of determining the exact date when the Gond community was recognized as a Scheduled Tribe (ST), a factor critical to resolving whether agricultural land transferred in 1973 can be restored under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
Justice Nandesh Deshpande quashed previous rulings from the tehsildar and the Maharashtra Revenue Tribunal, which had ruled on the matter in 2020 and 2021 respectively. The judge instructed the tehsildar to re-evaluate the claim, taking into account the relevant recognition date of the Gond community and the legal precedents established by an earlier full bench judgment.
The case was brought forth by Prashant Sangidwar, who asserts legal ownership of the disputed agricultural land. The respondents, seeking restoration under the 1974 Act, argued that the land was granted to their father after his agricultural property was appropriated for the Shirpur Dam project. Initially, the tehsildar ruled in favor of Sangidwar in August 2020, but this decision was overturned by the tribunal in December 2021, leading to Sangidwar's appeal to the High Court.
Central to the dispute is a registered sale deed dated February 7, 1973. Sangidwar contended that the Gond community was only recognized as a Scheduled Tribe in 1976, which would mean the respondents do not qualify as tribals under the 1974 Act. The judge noted that the tribunal had acknowledged the community's recognition in 1976, referencing a full bench ruling that established that subsequent recognition does not grant rights to land transferred to non-tribals prior to that recognition.
The High Court refrained from making a final decision on the claim and instead remanded the case to the tehsildar for a fresh hearing. The tehsildar is required to consider the full bench judgment and ensure both parties have the opportunity to present their arguments, thus paving the way for a thorough re-examination of the case.
