AIR 2009 MADHYA PRADESH 26 ::2009 (1) AKAR (NOC) 168 (MP) ::2009 (1) AIR Kar R 168 ::2009 A I H C (NOC) 155 (MP) ::2009 (3) MPLJ 529 ::(2009) 2 MPHT 142

Madhya Pradesh High Court

Hon'ble Judge(s): A. K. Patnaik , C.J. AND Ajit Singh , J

(A) Madhya Pradesh Land Revenue Code (1959) , S.165— Coal Bearing Areas (Acquisition and Development) Act (20 of 1957) , S.4— Land Acquisition Act (1 of 1894) , S.4— Rights of transfer - Acquisition of land of tribals in Scheduled Areas and transfer of such land under Coal Bearing Areas Act 1957, or Land Acquisition Act, 1894, to Govt. company in Scheduled Area - Not prohibited by subs.(6) of S.165. It will be clear from a plain reading of subsection (6) of Section 165 of the M. P. Land Revenue Code, 1959, that this provision cannot and does not prohibit the acquisition of land belonging to an aboriginal tribe under law, such as the Coal Bearing Areas (Acquisition and Development) Act, 1957 or the Land Acquisition Act, 1894 and it applies only to the transfer of a right of a bhumiswami belonging to a tribe by way of sale, lease, mortgage etc. to a person not belonging to the aboriginal tribe. Moreover, sub-section (6) of Section 165 of the M. P. Land Revenue Code, 1959 does not prohibit, in any manner, the Government to transfer any land belonging to aboriginal tribe acquired by it under law such as 1957 Act or 1894 Act to a Government Company.(Para 8) (B) Constitution of India , Art.243ZC— Provisions of the Panchayats (Extension to the Scheduled Areas) Act (40 of 1996) , S.4— Coal ....