Court Upholds Invalidity of 99-Year Lease Agreement Lacking Requisite Permissions
In a significant ruling, the Bombay High Court has dismissed the writ petition filed by Suka Mahadu Khade and others, challenging the alleged transfer of Adivasi land in Nashik without requisite permissions. The division bench comprising Justices A.S. Gadkari and Kamal Khata concluded that the purported 99-year lease agreement for the land in question was a sham document lacking evidentiary value and dismissed the petition as well as the revision application to prevent further litigation.
The case involved a land dispute over the property bearing Gat No. 57, located in Village Chakore, Trambakeshwar, Nashik, which both the petitioners and respondents claimed as ancestral property. The petitioners contended that they had entered into a lease agreement with the respondents in 1997 for a consideration of Rs. 90,000. However, the court found the agreement to be merely notarized without any substantial proof of payment, thereby lacking legal standing.
The court emphasized the necessity of obtaining appropriate permissions for land transactions involving Adivasi lands, underscoring the impermissibility of such transfers without authority consent. The judgment noted that the mutation entries and possession orders were challenged by the petitioners but were ultimately deemed invalid by the authorities, including the Additional Divisional Commissioner, Nashik.
Advocate Nikhil M. Pujari, representing the petitioners, argued that the petitioners had been in continuous possession of the land since before 1991 and claimed that the respondents had never challenged the agreement or the subsequent sale deed. However, the court noted the absence of any substantial evidence supporting the petitioners' claims and upheld the previous orders favoring the respondents.
The bench remarked that the orders passed by the Additional Divisional Commissioner were well-reasoned and did not warrant interference. The decision also included directions to implement the impugned order within four weeks and dismissed the revision application filed by the petitioners, further curtailing potential litigation.
This judgment reinforces the legal framework protecting Adivasi land rights and highlights the critical importance of adhering to procedural requirements for land transactions involving indigenous communities.
Bottom line:-
Transfer of land belonging to an Adivasi without requisite permission from the concerned authority is impermissible under law.
Statutory provision(s): Article 226 of the Constitution of India
Suka Mahadu Khade v. Bababai Tukaram Shevre, (Bombay)(DB) : Law Finder Doc id # 2935674
