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2013 Supreme(Bom) 1279

D.Y.CHANDRACHUD, S.C.GUPTE
Adivasee Sarvangin Vikas Samitee – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioner:Anil V. Anturkar, Sandeep S. Salunkhe, Advocates.
For the Respondents:R1, R3 & R4, D.J. Khambata, Advocate General with A.B. Vagyani, AGP, R2, R.S. Apte, Senior Advocate with Mandar Limaye, R5, Rakesh Misar i/b S. Mohammedbhai & Co., R6, Shivaji P. Yadav, R7, Ms. Shiksha Puri i/b Vidhi Partners, Advocates.

Judgment :

(Dr. D.Y. Chandrachud, J.)

In these proceedings the Petitioner before the Court is a registered Adivasi Sarvangin Vikas Samitee which claims to be working for the welfare and upliftment of the tribal population in the State. The grievance of the Petitioner is that despite the provisions of Section 36A of the Maharashtra Land Revenue Code in which there is a specific bar to the transfer of land from a tribal to a nontribal without the permission of the appropriate authorities, builders and developers cheat tribals out of their rights by executing a development agreement together with a power of attorney. Thereupon plans are submitted to the Municipal Corporation or local body for sanction and permission is obtained without any verification of whether the lands have been transferred to the developer in breach of the mandatory provisions of law. Moreover, the Talathis and Revenue Officers record the names of the builder in the 7/12 extract. Flats are sold to third party purchasers in the development and as a result of which the common citizens are induced to invest monies in such schemes. The relief that has been sought in these proceedings is a direction to the State, the Mu













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