Land acquired by collector

Question asked on: 02/02/2016

I am resident of a district dominated by tribals in Maharashtra. My grand father purchased a land from tribal member on consideration in year 1963. We have been on possession of the land till year 1982 but collector of our district sent a notice for acquisition of that land and acquired it without giving due price of the land. 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?

Advised by: Shivendra Pratap Singh,

According to section 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.

Collector is empowered under said act to acquire the land and restore in in the name of 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, land shall be vested in the State Government.

Present land owner is entitled to get compensation about 48 times of the land revenue fixed for the land. That compensation shall be paid by the government if land is vested in 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.

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Shivendra Pratap Singh

Advocate, Lucknow

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