TMI Blog2002 (12) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... the State Legislature enacted the Madhya Pradesh Land Revenue Code (Amendment) Act 1980 (Act No.59 of 1980) whereby certain amendments were incorporated and a few new provisions were inserted into the body of the Code. One such amendment is the insertion of Section 170-B which read as under:- 170-B. Reversion of land of member of aboriginal tribe which was transferred by fraud.__ (1) Every person who on the date of commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (hereinafter referred to as the Amendment Act of 1980) is in possession of agricultural land which belonging to a member of a tribe which has been declared to be an aboriginal tribe under sub-section (6) of section 165 between the period commencing on the 2nd October, 1959 and ending on the date of the commencement of Amendment Act of 1980 shall, within one year of such commencement, notify to the Sub-Divisional Officer in such form and in such manner as may be prescribed, all the information as to how he has come in possession of such land; (2) If any person fails to notify the information as required by sub-section (1) within the period specified therein it shall be presumed that such per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs was owned by Bhikala and Thanwaria who are members of a tribe which has been declared to be an aboriginal tribe under sub-Section (6) of Section 165 of the Code as contemplated by Section 170-B(1). The appellant too claims to be a similar aboriginal tribal. It appears that the land was sold by the aboriginal tribal bhumiswamis through registered sale deeds and it came to be purchased by the appellant. All these transactions have taken place between 2nd October 1959 and the date of the commencement of the Amendment Act of 1980, meaning thereby, during the period attracting applicability of Section 170-B(1). The appellant did not furnish the information in the form and in the manner prescribed within the period of two years. In the year 1982- 83, the Sub-Divisional Officer, Thandla Petlawad, Distt. Jhabua, within whose jurisdiction the land is situated, initiated proceedings under Section 170-B of the Code by calling upon the appellant to show cause in response to the notice issued by the SDO. Soon on service of the notice the appellant filed a writ petition in the High Court of Madhya Pradesh submitting that the appellant and the vendor bhumiswamis, both being aboriginal tribals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then was) speaking for the Division Bench, upheld the constitutional validity of Section 170-A and Section 170-B both. The history of legislation resulting in enactment of Section 170-B has been succinctly set out by the Division Bench in paras 2 to 4 of its judgment and it is not necessary to restate the same hereat and if needed the reference can be had to the reported decision. Suffice it to observe that the Division Bench, by tracing the legislative history, concluded vide para 10 that the impugned provisions form a part of the principles of distributive justice by avoidance of illegal transactions of transfers of agricultural lands by members of the aboriginal tribes who were unequals and the legislation is also in implementation of the directive principle contained in Article 46 of the Constitution, which enjoins the State to protect the Scheduled Castes and Scheduled Tribes from all social injustice and from all forms of exploitation. It is true that the Division Bench of the High Court has made a reference to illegal transactions of transfers of agricultural land by members of the aboriginal tribes to non-tribals in these transactions. But that is so because the Division Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as enacted in 1980, there is the least indication of confining the applicability of the provision to such transactions of transfer as were entered into by a member of aboriginal tribe in favour of a member not belonging to aboriginal tribe. No exception has been enacted by the Legislature so as to exclude from the purview of Section 170-B transactions of transfer between two persons both of whom are members of aboriginal tribes. Had it been so, the Legislature would have specifically said so. The language of the Section as drafted in 1980 is clear and unambiguous and does not admit of any doubt so far as this aspect is concerned. Sub-Section (2-A) came to be enacted in 1998. An attempt at placing construction on the language of a statute enacted in the year 1980 and trying to find out its meaning and extent of operation by reference to the words employed in drafting a piece of legislation in the year 1998 may not be countenanced by principles of interpretation. Sub-Section (2-A) contemplates a limited category of cases where (i) any person other than a member of an aboriginal tribe is in possession of any land of a bhumiswami belonging to an aboriginal tribe, and (ii) without an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... possession of the land would be deprived of means of livelihood necessary for his existence without any enquiry and that would contravene Article 21 of the Constitution. It was submitted before the Division Bench by the learned Additional Advocate General appearing for the State that the practice which was being followed by the Sub-Divisional Officers of the State was to hold an enquiry under sub-Section (3) and then pass a final order irrespective of the fact whether the person in possession has notified the information as required by sub-Section (1) or not. The Division Bench held that the fact that an order contemplated by sub-Section (3) has to be passed even in cases falling within the ambit of sub-Section (2) it is sufficient to indicate that there is no usurpation of judicial function thereby and there is no arbitrariness in the procedure nor is there the vice of absence of enquiry. This was further explained by another Division Bench of Madhya Pradesh High Court in Atmaram Ors. Vs. State of M.P. Ors., 1995 MPLJ 633. Reference to the Statement of Objects and Reasons is permissible for understanding the background, the antecedent state of affairs, the surrounding circu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
