Judgement

Mrs. SUJATA V. MANOHAR, J.:-Delay condoned in view of the statements made in the application for condonation of delay.

2. Leave granted.

3. These appeals relate to proceedings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as the Ceiling Act). The Surplus Land Determination Tribunal held that out of the total land belonging to the family of the appellant the surplus land held were 91.02 acres. The dispute in these appeals is confined to certain lands held by the appellant which he had purchased from one Kisan, a tribal under a registered sale-deed dated 31-1-1958.

4. The Maharashtra Restoration of Lands to scheduled Tribes Act, 1974 (hereinafter referred to as the Restoration Act) came into force w. e. f. 1st of November, 1975. Section 3 of the Restoration Act provides as follows :-

"Section 3 (1) : Where due to transfer -

(a) the land of a Tribal-transferor is held by a non-Tribal transferee of

(b)..........................

and the land so transferred is in possession of the non-Tribal transferee, and has not been put to any non-agricultural use on or before the 6th day of July, 1974, then notwithstanding anything contained in any other law for the time being in force, or any judgment, decree or order of any tribunal or authority, The Collector either suo motu at any time, or on the application of Tribal transferor made within three years from the commencement of this Act shall, after making such enquiry as he thinks fit, direct that-

(i)......................

(ii) the land transferred.....be taken from the possession of the non-Tribal transferee, and restored to the Tribal transferor, free from all encumbrances and the Tribal transferor shall pay such transferee and other persons claiming encumbrance the amount determined under Clause (b) of sub-section (4) :

....................................................... ".

5. Sub-section (4) provides for return of consideration and payment for improvements made on the land to be determined as set out therein. In the present case on 26-11-1976 the Authority under the Restoration Act passed and order any directed that the land which had been purchased by the appellant from the Tribal Kisana which is in Survey No. 15, village Padha, Tehsil Kelapur, District Yavatmal be restored to the heirs of the tribal Kisana who was the original transferor. Pursuant to this order, on 8th of August, 1977 possession of the said land was handed over to the heirs of Kisana.

6. The enquiry under the Ceiling Act for determining the ceiling area of the appellants family unit was held thereafter. The Surplus Land Determination Tribunal held, inter alia, by its order dated 30-5-1987, that the said lands which were restored to the tribal formed a part of the holding of the appellants family unit at the commencement date i. e. 2nd of October, 1975 under the Ceiling Act and had to be included in the holding of the appellants family unit. This view has been upheld by the Maharashtra Revenue Tribunal. It, however, remanded the matters to the Surplus Land Determination Tribunal on other grounds. The writ petition which was filed by the appellant challenging the decision of the Maharashtra Revenue Tribunal was dismissed and a Letters Patent appeal before the Division Bench of the High Court was also dismissed. Hence the present appeal is filed before us.

7. The relevant date under the Ceiling Act is the commencement date. For the lowered ceiling the commencement date is 2nd of October, 1975. Under Section 3 of the Ceiling Act, subject to the provisions of Chapters II and III, no person or family unit shall, after the commencement date, hold land in excess of the ceiling area, as determined in the manner provided in the said Act. The appellant, on and after the commencement date, did hold lands in excess of the ceiling area. For the purpose of determining the total holding of the appellant the lands which he had purchased from the Tribal Kisana