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Sandu (D) by Lrs. v. Gulab (D) by Lrs.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3470 of 2006)Decided 4 Sept 2015
Civil Appeal No. 3470 of 2006
Justice M.Y. Eqbal · Justice Kurian Joseph

Background

This order sends the case back; it does not decide the dispute. A tribal landholder sold land to a non-tribal buyer in 1971. The dispute was whether the land should be restored to the seller, vest in the State or stay with the buyer under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, and the High Court held that the revisional authority's 1985 proceedings were time-barred.

Decision Breakdown

This is not a final decision on the dispute. The Court reversed the High Court on limitation, holding that the 1985 proceedings were started within a reasonable time given the State Government's 1982 sanction. It did not decide what should happen to the land. It set aside the High Court's judgment and sent the writ petition back for fresh consideration in accordance with law, directing that the State of Maharashtra and the revenue authorities be added as parties.

Lesson Learnt

There is no final ruling yet on whether the land is restored to the tribal family, vests in the State or stays with the buyer. The Court settled only that the 1985 revisional proceedings were not time-barred.

Official source (sci.gov.in)View Judgment (PDF)

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