Legal Advice

Land acquired by collector

Question: I am a resident of a district dominated by tribals in Maharashtra. My grandfather purchased land from a tribal member on consideration in the year 1963. We have been on possession of the land till the year 1982 but a collector of our district sent a notice for acquisition of that land and acquired it without giving a due price of the land and without our permission. No other tribal is ready to buy this from the government so I filed a case for regaining of it from the government. My request is rejected by the collector and that property vested in the government. What should I do for getting it back?

Advise

According to section 4 and 5-A of Maharashtra Restoration of land to Scheduled Tribes Act, 1974 a land purchased from tribal owner by a non-tribal between 1957 to 1974 is entitled to restore in the tribal person by the order of collector.

The collector is empowered under said act to acquire the land and restore in in the name of the previous owner if that owner is no more alive or reluctant to take it collector may transfer it to any other tribal person of the area. If no person comes forward or not interested to take it, the land shall be vested in the State Government.

The present landowner is entitled to get compensation about 48 times the land revenue fixed for the land. That compensation shall be paid by the government if the land is vested in the government.

You have no right to regain that land except compensation. your any litigation towards that purpose will not be maintainable. So forget that land because no rule is made in this regard i.e. to re-transfer to the person to whom it is acquired.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Civil Law

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