ISSUE:
Whether the notices issued by the Block Development Officer under the Chhotanagpur Tenancy Act, as amended by the Bihar Scheduled Areas Regulation, 1969, to restore possession of land to members of Scheduled Tribes are valid and within the jurisdiction of the respondents?
RULE:
Legislative Authority in Scheduled Areas: The court recognized the Governor's power to legislate for Scheduled Areas as conferred by Paragraph 5 of the Fifth Schedule. This includes making regulations that govern land transfers, particularly those affecting members of Scheduled Tribes.
Power to Restore Possession: Section 71-A of the Chhotanagpur Tenancy Act empowers the Deputy Commissioner to restore possession of land to members of Scheduled Tribes if it was unlawfully transferred, regardless of when that transfer occurred.
Validity of Legislative Amendments: The court upheld the validity of amendments made to include certain areas as Scheduled Areas, emphasising that such legislative actions are within the scope of the Governor’s powers under the Constitution.
Non-Retrospective Application: While Section 71-A was not retroactive, it could still apply to transfers made before its enactment if those transfers violated existing laws or were fraudulent. This principle was critical in determining the Deputy Commissioner's jurisdiction over past land transfers.
Interpretation of Legislative Intent: The court interpreted legislative provisions broadly to ensure that protections for Scheduled Tribes were upheld, reinforcing that legislative changes aimed at safeguarding tribal rights must be enforced effectively.