Odisha Chief Minister Naveen Patnaik has been urged to immediately challenge a High Court judgment that could weaken efforts to restore land to tribals from whom it was fraudulently taken away by others in the past.
“The High Court of Odisha in one of its judgments in April 2019 has made section 3 (B) of Odisha Scheduled Area Transfer of Immoveable Property (OSATIP) Regulation ineffective. This section had been designed to restore land back to tribals which had been taken away from them through clever manipulation,” said activist Prafulla Samantara, in his letter to the CM.
Under sub-clause 3 of section 3(B) of the law, the sub-collector is empowered to make an enquiry about all land transactions from October 4, 1956 to September 4, 2002 and if he finds that a tribal has been defrauded, he can declare the transaction null and void.
To control and check transfers of immoveable property belonging to Scheduled Tribes in Scheduled Areas, the Odisha Governor had promulgated a regulation (Regulation 2 or OSATIP regulation of 1956) by forbidding any transfer of immovable property by a member of a ST to non-STs, except by way of mortgage in any public financial institution for securing a loan granted by such institution for any agricultural purpose in 2000, Mr. Samantara said.
As an implication of the High Court order, all land deals cannot be examined retrospectively, he said.
“The High Court came to this conclusion because the government officials failed to put forth strong arguments during the 16 years of legal battle. Those who had purchased tribal lands had hired 45 lawyers,” alleged the activist.
Besides, the State government should prepare to approach the Supreme Court challenging the verdict of the High Court.
The Tribal Advisory Council should be convened immediately to discuss the matter and to take urgent steps to check tribal land alienation in Scheduled Areas, they said.
