The High Court has rested its finding on vesting of the land in Government under Section 5A of the Act mainly on the ground that the Commissioner could not have entertained the revision beyond three years. However, even according to the High Court, the non-tribal transferee is to be divested of his possession and ownership though the land was not liable to be restored to the original tribal transferor. On a proceeding duly initiated under Section 4 of the Act, even if a tribal transferor is not interested to get back his land by refunding the purchase price or for other reasons indicated under Section 5A of the Act, the Collector cannot drop the proceedings, as has been done in the instant case. The Collector has to proceed further and divest the non-tribal transferee of the tribal land and pass a further order vesting the land in the State Government for being distributed to the other deserving tribals. But in the instant case, once it is held that the revision was within time, the High Court has necessarily to see whether land could have been restored to the tribal transferor as held by the revisional authority.
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Supreme Court of India
Sandu (D) By Lrs vs Gulab (D) By Lrs. & Ors on 4 September, 2015
Citation;(2015) 9 SCC 405