Jharkhand High Court Nullifies 1959 Tribal Land Transfer to Munjal Family
J’khand HC cancels 1959 tribal land transfer to Munjal family
Hindustan Times
Image: Hindustan Times
The Jharkhand High Court ruled against the Munjal family's claim to 2.90 acres of land near Medica Hospital in Booty village, stating the original 1959 sale was void and violated tribal protection laws. This landmark decision reinforces the Chotanagpur Tenancy Act's intent to protect tribal land from exploitation.
- 01The Jharkhand High Court nullified a 1959 land sale to the Munjal family, citing violations of tribal protection laws.
- 02The court emphasized the Chotanagpur Tenancy Act's role in safeguarding tribal lands from exploitation.
- 03The original sale was deemed an 'egregious fraud' and 'void ab initio' by the court.
- 04The ruling restores the land to the legal heirs of the original tribal owner, Bipta Pahan.
- 05The court quashed directions for a criminal investigation against the Munjal family, deeming them unwarranted.
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In a significant ruling on May 1, 2023, the Jharkhand High Court canceled a 1959 land transfer to the Munjal family, involving 2.90 acres of land in Booty village, near Medica Hospital. The court found that the original permission for the sale, granted by the deputy commissioner, was 'void ab initio' and constituted an 'egregious fraud' against the protective measures of the Chotanagpur Tenancy (CNT) Act. Justice Deepak Roshan's bench highlighted that the Act restricts the transfer of tribal land to specific purposes, such as charitable or educational use. The Munjal family had argued their long-standing ownership based on previous court victories, but the court ruled that all claims of ownership were invalid due to the nullification of the original sale. The ruling aims to protect tribal communities from land exploitation and restores the land to the heirs of the original owner, Bipta Pahan. Although the Munjals lost the land, the court dismissed the revenue minister's order for a criminal investigation against them, stating it was beyond the minister's jurisdiction. This decision underscores the court's commitment to uphold the rights of tribal communities in Jharkhand.
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This ruling is a significant victory for tribal rights, ensuring that tribal lands are protected from unjust transfers and exploitation.
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