(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 Municipal Corporation, the Inspector General of Registration and Collector to initiate proceedings in respect of lands belonging to tribals where development agreements or agreements to sell have been executed together with a power of attorney by tribals in favour of non-tribals in violation of the provisions of Section 36A, in order that lands are restored back to the tribals. Consequential directions have been sought for mutation of the revenue records. Section 36A(1) provides as follows:

“36A. Restrictions on transfers of occupancies by Tribals (1) Notwithstanding anything contained in sub-section (1) of Section 36, no occupancy of a tribal shall, after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974, be transferred in favour of any non-tribal by way of sale (including sales in execution of a decree of a Civil Court or an award or order of any Tribunal or Authority), gift, exchange, mortgage, lease or otherwise, except on the application of such non-tribal and except with the previous sanction -

(a) in the case of a lease, or mortgage for a period not exceeding 5 years, of the Collector; and

(b) in all other cases, of the Collector with the previous approval of the State Government: Provided that, no such sanction shall be accorded by the Collector unless he is satisfied that no tribal residing in the village in which the occupancy is situate or within five kilometres thereof is prepared to take the occupancy from the owner on lease, mortgage or by sale or otherwise.” Sub sections (4) and (5) of Section 36A provide as follows:

“(4) Where, on or after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974, it is noticed that any occupancy has been transferred in contravention of sub-section (1) the Collector shall, notwithstanding anything contained in any law for the time being in force, either suomotu or on an application made by any person interested in such occupancy, within thirty years from the date of the transfer of occupancy hold an inquiry in the prescribed manner and decide the matter.

(5) Where the Collector decides that any transfer of occupancy has been made in contravention of sub-section (1), he shall declare the transfer to be invalid, and thereupon, the occupancy together with the standing crops thereon, if any, shall vest in the State Government free of all encumbrances and shall be disposed of in such manner as the State Government may, from time to time, direct.”

2. Section 36A has been amended by the Maharashtra Land Revenue Code and the Maharashtra Restoration of Lands to Scheduled Tribes (Amendment) Act 2010 to substitute the words “within thirty years from the 6th July 2004” for the words “within thirty years from the date of the transfer of occup