In a recent legal case, the court’s analysis emphasized the significance of scheduled tribe verification in the context of land restoration. The case delves into the complexities of verifying claims under welfare legislation, highlighting the importance of authenticity in determining eligibility for benefits. This summary focuses on the legal intricacies of the court’s decision, shedding light on the implications for future cases of a similar nature.
Facts
- The appellant filed I.A. No 71779 of 3 2022 to place on record the order dated 24 February 2020 by the Caste Scrutiny Committee invalidating respondent No.9-Dinesh Kishan Komb’s claim.
- The validity of this order is challenged in the present appeal.
- During the appeal’s pendency, the Caste Scrutiny Committee, through a 24 February 2020 order, invalidated respondent No.9-Dinesh Kishan Komb’s caste certificate.
- The appellant challenged the State Government’s order in the High Court.
- The High Court’s Single Judge dismissed the writ petition filed by the appellant.
- The order passed by the State Government on 18 April 2016 was upheld by the High Court.
- The State Government, in its order dated 18 April 2016, decided that the land should be restored to the legal heirs of deceased Hira Komb.
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Arguments
- The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 is in place to scrutinize claims of Scheduled Tribes.
- The Act aims to verify the genuineness of claims by individuals asserting to belong to the Scheduled Tribe.
- The legislation is designed to benefit genuine tribals by restoring lands that were taken by land grabbers.
- The Act is considered a beneficial and welfare legislation with the intention of providing relief to tribals.
- Even if one legal heir’s claim is invalidated, it should not prevent other legal heirs from availing the benefits of this welfare legislation.
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Analysis
- The land in question originally belonged to Hira Komb and changed hands before coming into the possession of the present appellant.
- An application for restoration of the land in favor of the legal heirs of Hira Komb was filed under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
- The appellant has prayed for allowing the appeal as the foundation of the respondents’ claim no longer exists since no other legal heir of Hira Komb has a Scheduled Tribe certificate.
- The validation of the claim by the Caste Scrutiny Committee is essential for a person to be considered part of the Scheduled Tribe.
- Only respondent No.9, Dinesh Kishan Komb, had a certificate belonging to the Scheduled Tribe among the legal heirs of Hira Komb.
- The legal heirs of deceased Hira Komb do not wish to challenge the order of the Caste Scrutiny Committee.
- No purpose would be served in keeping the matter pending as per the learned counsel.
- The Caste Scrutiny Committee’s order found the foundation of respondent No.9- Dinesh Kishan Komb’s Scheduled Tribe status to be invalid.
Also Read: Remand of Writ Petition for Restoration and Decision on Merits
Decision
- Pending application(s) stand disposed of.
- No orders as to costs.
- Application I.A. No 71779 of 2022 is allowed.
- Respondent Nos. 4 to 18 no longer belong to the Scheduled Tribe.
- The appeal is allowed.
- High Court’s order dated 15 December 2016 and State Government’s order dated 18 April 2016 are quashed and set aside.
- Caste Scrutiny Committee’s order dated 24 February 2020 is placed on record.
Case Title: TERRAFORM MAGNUM LIMITED (FORMERLY KNOWN AS EVEREST BUILDCON LTD) Vs. THE STATE OF MAHARASHTRA (2022 INSC 631)
Case Number: C.A. No.-004500-004500 / 2022
