RAIPUR: In a significant judgment, the Jashpur collector’s court in Chhattisgarh ruled in favour of the Pahari Korwa tribal community, ordering the restoration of ancestral lands "illegally purchased" by members of the converted community between 1955 and 1966.
The ruling overturns a previous decision by the Sub-Divisional Officer (SDO) and reinforces the stringent protections provided under the Land Revenue Code for indigenous tribes.
The case originated when members of the Pahari Korwa community—a primitive tribe—filed an application before the SDO Jashpur under Section 170(B) of the Chhattisgarh Land Revenue Code. They challenged land transactions made decades ago, alleging they violated statutory rules. The SDO had initially dismissed the plea, citing that the transactions were "tribal-to-tribal" and occurred before 1959, thus placing them outside the scope of current scrutiny.
However, upon appeal, the Jashpur collector’s court conducted an extensive review of the circumstances and the evolution of land laws. The court clarified that even "tribal-to-tribal" transactions fall within the ambit of Section 170(B) to prevent the exploitation of more vulnerable groups. Significantly, the court noted that even prior to the 1959 Code, the Madhya Pradesh Land Revenue Code of 1954 was in effect. Under that law, any buyer was legally mandated to inform the competent authorities of the transaction within a prescribed period—a procedure bypassed in this case.
The collector emphasised that for the purchase of land belonging to a primitive tribe (PVTG), explicit permission from an authorised officer is mandatory. Since no such permission was obtained, the court declared all such transfers "null and void", said Satyaprakash Tiwari, lawyer for Pahari Korwa.
Concluding the long-standing dispute, the collector court ordered that revenue records be updated immediately to reinstate the names of the original Pahari Korwa owners. Legal experts felt this verdict will serve as a precedent, offering a new lease of life to tribal families seeking the return of alienated lands through the corrective powers of Section 170(B).