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KULDIP SINGH, M. H. KANIA, RANGANATH MISRA
Pandey Oraon – Appellant
Versus
Ram Chander Sahu – Respondent
What is the applicability of Section 71A of the Chhotanagpur Tenancy Act to a transfer of land involving a member of a Scheduled Tribe? What is the scope of "transfer" as contemplated in Section 71A of the Chhotanagpur Tenancy Act? What compensation is payable to a transferee for improvements made to property transferred in contravention of the Chhotanagpur Tenancy Act?
Key Points: - Section 71A of the Chhotanagpur Tenancy Act, added in 1969, authorizes the Deputy Commissioner to recover possession of land belonging to a Scheduled Tribe raiyat if transferred in contravention of Section 46, any other provision of the Act, or by fraudulent methods (!) (!) . - The Act did not apply to a case where the transfer was deemed not to fall under Section 71A by a Full Bench of the Patna High Court (!) . - The term "transfer" in Section 71A, in the absence of a specific definition, should be interpreted broadly to include situations where possession has physically passed from a Scheduled Tribe member to a non-member (!) . - The legislative intention behind Section 71A is to provide beneficial protection to Scheduled Tribe citizens (!) . - The court acknowledged that improvements were made to the property by the respondent (!) . - In cases where a transferee uses fraudulent methods to overreach the law and make improvements, compensation may not be payable (!) . - However, in this specific case, it was deemed appropriate to direct compensation for the improvements made by the respondent (!) . - The Deputy Commissioner was required to value the improvements and fix the compensation payable to the respondent (!) . - The appellant was ordered to pay the compensation within a reasonable period fixed by the Deputy Commissioner (!) . - Dispossession should not be a condition precedent to the deposit of money, but payment must be ensured (!) .
JUDGMENT
The appellant is a member of one of the Scheduled Tribes. Appellants ancestor was admittedly a raiyat of certain lands of which the transferor of respondent No. 1 was the landlord. On the plea that the land had been surrendered and thus resumed the transferor of respondent No. 1 alienated the same in favour of the respondent. To the provisions of Chhotanagpur Tenancy Act by amendment S. 71A was added in the year 1969 which authorise possession to be recovered in three eventualities:-
"If at any time it comes to notice of the Deputy Commissioner that transfer of land belonging to a raiyat who is a member of the Scheduled Tribes has taken place in contravention of S. 46 or any other provision of this Act or by any fraudulent method (including decrees obtained in suit by fraud and collusion) he may, after giving reasonable opportunity to the transferee who is proposed to be evicted, to show cause and after making necessary enquiry in the matter, evict the transferee from such land without payment of compensation........
2. A proceeding for evicting the respondent was taken by the authorities under the Act and on being satisfied that respondent No. 1 exposed himself to the liabil
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