IMPORTANT POINT
Transfer of land by one aboriginal tribal to another aboriginal tribal also attracts the applicability of Section 170-B of M.P. Land Revenue Code, 1959.

Headnote:M.P. Land Revenue Code, 1959-Section 170-B-Reversion of land of member of aboriginal tribe which was transferred by fraud-Scope-Effect of amendment in 1998 by insertion of sub-section (2A)-Case of a tribal in possession of agricultural land of another tribal-Contention that what Section 170-B proposes to embrace within its fold are such transactions as are fraudulent and entered into by aboriginal tribals in favour of non-tribals-Rejected by High Court-Appeal to Supreme Court-Whether High Court was right? (Yes)-Appeal dismissed (Interpretation of statutes-Objects and reasons of amendment-How far can be used).
       Held : Nowhere in the entire scheme of sub-Sections (1), (2) and (3) of Section 170-B, as enacted in 1980, there is the least indication of confining the applicability of the provision to such transactions of transfer as were entered into by a member of aboriginal tribe in favour of a member not belonging to aboriginal tribe. No exception has been enacted by the Legislature so as to exclude from the purview of Section 170-B transactions of transfer between two persons both of whom are members of aboriginal tribes. Had it been so, the Legislature would have specifically said so. The language of the Section as drafted in 1980 is clear and unambiguous and does not admit of any doubt so far as this aspect is concerned. (Para 8)
       Sub-Section (2-A) came to be enacted in 1998. An attempt at placing construction on the language of a statute enacted in the year 1980 and trying to find out its meaning and extent of operation by reference to the words employed in drafting a piece of legislation in the year 1998 may not be countenanced by principles of interpretation. Sub-Section (2-A) contemplates a limited category of cases where (i) any person other than a member of an aboriginal tribe is in possession of any land of a bhumiswami belonging to an aboriginal tribe, and (ii) without any lawful authority. The power is conferred on the Gram Sabha. It contemplates a summary and quick remedy for restoration of possession so as to provide quick relief at the hands of a local body to an aboriginal tribe on the twin conditions being satisfied. The very fact that the language employed by the Legislature in 1998 while drafting sub-Section (2-A) is materially different from the language employed by it in 1980 while drafting sub-Sections (1), (2) and (3) of Section 170-B, is rather suggestive of the fact that the Legislature was conscious of the wide scope of the original provision and therefore kept the scope of sub-Section (2-A) confined to a limited category of transactions as the power was being conferred on Gram Sabha. The essential ingredient vitiating the transaction of transfer under Section 170-B as enacted in 1980 is fraudulent nature of transaction resulting in deprivation of legitimate right of an aboriginal tribal while all that is required to be seen for the purpose of sub-Section (2-A) as inserted in 1998 is transfer by an aboriginal tribal in favour of a non-aboriginal tribal and that transfer being without any lawful authority, without regard to the nature of transaction - whether it is fraudulent or not. Sub-sections (1), (2) and (3) of Section 170-B employ the expressions every person , any person and all such transactions of transfer respectively; Sub-section (2-A) speaks of any person, other than a member of aboriginal tribe . That is a material distinction. (Para 9)
       It is true that in para 10 of Dhirendra Nath s case (supra) the Division Bench makes a casual reference to avoidance of illegal transactions of transfers of agricultural land by members of aboriginal tribes who were unequals with the non-tribes in these transactions , but that observation about the legislative history of the provision is clearly based on the Statement of Objects and Reasons. The Division Bench was not dealing with the question whether the case of a tribal in possession of agricultural land of another tribal would attract applicability of Section 170-B(1) or not; nor was it dealing specifically with the question whether a transaction of transfer, the transferor wherein is a member of aboriginal tribe though made in favour of a similar member would be covered by sub-section (3) or not even if the transaction has resulted in a member of a aboriginal tribe being defrauded of his legitimate right. The expression employed by the Division Bench while dealing with legislative history of the enactment cannot be pressed in service for supporting the submission seeking to restrict and narrow down the application of the provision. (Para 13)
       The petition filed by the writ petitioner before the High Court was entirely misconceived and, in a way, premature. The show cause notice issued by the Sub-Divisional Officer cannot be said to be without jurisdiction. The appellant should have participated in the enquiry after showing cause. Instead he chose to rush post haste to the High Court. The High Court rightly turned down the writ petition. The appeal is held devoid of any merit and is liable to be dismissed. It is dismissed accordingly though without any order as to the costs. (Paras 15 and 16)

JUDGMENT

R.C. Lahoti, J.-The M.P. Land Revenue Code 1959 (Act No. 20 of 1959) was enacted by the Legislative Assembly of Madhya Pradesh to consolidate and amend the law relating to land revenue, the powers of Revenue Officers, rights and liabilities of holders of land from the State Government, agriculture tenures and other matters relating to land and the liabilities incidental thereto in Madhya Pradesh. There were different laws relating to land revenue, land tenure and other matters touching thereto prevalent in the different regions of the State and the Legislature considered it desirable that there should be one uniform law enacted for whole of the State. There are tribal land holders in many a regions of the State of Madhya Pradesh. The Code took care to enact some special provisions taking special care of protecting the interest of such tribals.

2. In the year 1980, the State Legislature enacted the Madhya Pradesh Land Revenue Code (Amendment) Act 1980 (Act No. 59 of 1980) whereby certain amendments were incorporated and a few new provisions were inserted into the body of the Code. One such amendment is the insertion of Section 170-B which read as under:-

"170-B. Reversion of land of member of aboriginal tribe which was transferred by fraud.- (1) Every person who on the date of commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (hereinafter referred to as the Amendment Act of 1980) is in possession of agricultural land which belonging to a member of a tribe which has been declared to be an aboriginal tribe under sub-section (6) of section 165 between the period commencing on the 2nd October, 1959 and ending on the date of the commencement of Amendment Act of 1980 shall, within one year of such commencement, notify to the Sub-Divisional Officer in such form and in such manner as may be prescribed, all the information as to how he has come in possession of such land:

(2) If any person fails to notify the information as required by sub-section (1) within the period specified therein it shall be presumed that such person has been in possession of the agricultural land without any lawful authority and the agricultural land shall, on the expiration of the period aforesaid revert to the person to whom it originally belonged and if that person be dead, to his legal heirs;

(3) On receipt of the information under sub-section (1), the Sub-Divisional Officer shall make such enquiry as may be deemed necessary about all such transactions of transfer and if he finds that the member of aboriginal tribe has been defrauded of his legitimate right he shall declare the transaction null and void and pass an order revesting the agricultural land in the transferor and, if be he dead, in his legal heirs."

Subsequently, there have been a few changes incorporated in the text of Section 170-B abovesaid. For example, the period of one year specified in sub-Section (1) of Section 170-B later on came to be enlarged to one and a half years and then to two years as it now stands. Similarly, sub-Section (3) has been recast by virtue of notification No.1-70-VII-N-2-83 dated 5th January 1984 issued under sub-paragraph 1 of paragraph 5 of the Fifth Schedule to the Constitution of India which amendment we are ignoring for the purpose of this judgment as the language of the essential part of the sub-Section (3) remains as before and what has been amended is the consequential direction required to be made where certain building or structure have come up on the land forming subject matter of enquiry under sub-Section (3). However, sub-Section (2-A) was inserted between sub-Sections (2) and (3) by Act No.1 of 1998 passed by the State Legislature which reads as under:-

(2-A) If a Gram Sabha in the Scheduled area referred to in clause (1) of Article 244 of the Constitution finds that any person, other than a member of an aboriginal tribe, is in possession of any land of a Bhumiswami belonging to an aboriginal tribe, without any lawful autho

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2002 Supreme(SC) 1235

IMPORTANT POINTTransfer of land by one aboriginal tribal to another aboriginal tribal also attracts the applicability of Section 170-B of M.P. Land Revenue Code, 1959.

Cases Referred (3)

IMPORTANT POINT
Transfer of land by one aboriginal tribal to another aboriginal tribal also attracts the applicability of Section 170-B of M.P. Land Revenue Code, 1959.