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1984 Supreme(SC) 350

A.P.SEN, E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY
Lingappa Pochanna Appelwar: Kalu Gopya Banjari – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
M.N.SHROFF, V.B.JOSHI, V.S.DESAI

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The legislation in question, the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, is a remedial measure aimed at protecting the rights of Scheduled Tribes against exploitative land transfers. It seeks to restore lands transferred from tribal members to non-tribals during a specified period, considering the historical context of exploitation and inequality (!) (!) .

  2. The Act is placed in the Ninth Schedule of the Constitution, thereby enjoying protection from challenge on the grounds of constitutional inconsistency, particularly concerning fundamental rights such as equality, property, and freedom of practice (!) (!) .

  3. The legislative history indicates that the Act was enacted to address the inadequacy of existing land laws in protecting tribal landholders. It was motivated by the need to rectify past injustices caused by unequal and unconscionable transactions, often driven by poverty, ignorance, and exploitation (!) (!) .

  4. The Act's provisions authorize the Collector to suo motu or upon application initiate proceedings for the annulment of transfers made by tribal members to non-tribals within the specified period. It provides detailed mechanisms for restoring lands, including valuation of improvements, payment of compensation, and conditions for possession restoration (!) (!) .

  5. The legislation is justified on the grounds of distributive justice, aiming to rectify economic and social inequalities faced by tribal communities. It emphasizes the importance of protecting vulnerable groups from exploitation and restoring their land rights, which are closely linked to their culture and livelihood (!) (!) .

  6. The law relates specifically to transfers and alienations of agricultural land by members of Scheduled Tribes and falls within the legislative competence granted by the Constitution’s Entry 18 of List II. It does not encroach upon the Union's powers under Entries 6 and 7 of List III, as it deals with restrictions on land transfer and alienation, including the reopening of such transactions (!) (!) (!) .

  7. The Act's retrospective application, establishing a cut-off date, is rational and has a reasonable nexus with its objectives. The date was chosen based on historical land reforms and legal frameworks relevant to land transactions involving tribals (!) (!) .

  8. The differentiation in treatment between various classes of non-tribal transferees, such as those who diverted land to non-agricultural purposes versus those who continued agricultural use, is considered reasonable and based on policy considerations. The law aims to prevent unjust enrichment and protect tribal land rights (!) (!) .

  9. The Act's placement in the Ninth Schedule shields it from constitutional challenges related to fundamental rights, including equality and property rights, under Article 31-B (!) .

  10. The restriction on advocates' rights to practice under the Act, specifically the prohibition of legal practitioners appearing before certain authorities, is upheld as constitutionally valid. The legislation's design aims to facilitate swift proceedings and prevent delays caused by legal representation, especially given the vulnerable status of tribal claimants (!) (!) (!) .

  11. The law does not violate the right to legal representation or the fundamental rights of litigants, as the right to legal counsel is not absolute and is subject to reasonable restrictions for public interest and administrative efficiency (!) (!) .

  12. Overall, the legislation is viewed as a legitimate exercise of the State's legislative powers, consistent with constitutional provisions, and aimed at achieving social justice and protecting the rights of marginalized tribal communities (!) (!) .

Please let me know if you need further analysis or specific legal advice.


Judgment

A. P. SEN, J.:- These two appeals by special leave are directed against the judgments and orders of a Division Bench of the Nagpur Bench of the Bombay High Court dated June 21 and 27, 1984 and raise a common question relating to the constitutional validity of Ss. 3 and 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. The question is whether Ss. 3 and 4 of the impugned Act which provided for annulment of transfers made by members of Scheduled Tribes and for restoration of lands to them on certain conditions were ultra vires the State Legislature as being beyond the purview of Entry 18 of List II of the Seventh Schedule or were otherwise violative of Art. 14, Art. 19(1)(f) and Art. 31 of the Constitution.

2. Facts in these two appeals are more or less similar. In Civil Appeal No. 4384 of 1984, the appellant Lingappa Pochanna Appelwar had by a registered sale deed dated November 30, 1965 purchased agricultural land bearing Survey No. 27 having an area of 20 acres 39 gunthas from Raju Meshram, father of respondent No. 2 Sonerab Raju Meshram who being a gond was a tribal within the meaning of S. 2(1)(j) of the Act for a consideration of Rs. 1300/- with the





























































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