Plea in SC seeks abolition of Acts which restrict sale of tribal land to non-tribes in Jharkhand

New Delhi [India], June 1 : A resident of Jharkhand has approached the Supreme Court seeking direction to the Centre and state governments to abolish the Chotanagpur Tenancy (CNT) and Santhal Pargana Tenancy (SPT) Acts which restrict the sale of tribal land to non-tribes.
Shyam Prasad Sinha, a resident of Jharkhand, sought the abolition of the CNT and SPT Acts and asked governments to bring out a new legislature for the purpose of equity at par with other States of the Union.
The petitioner said by the CNT or SPT Acts even the government can't acquire the land for the purpose of development. "The Acts prove to be disastrous for the public at large for state," the plea said.
The plea said, "Few laws enacted and promulgated by the Britishers for their advantage and curse for the original nationals like Schedule Tribes of few districts of the state of Jharkhand has still not been amended after seventy-four years of Independence."
CNT Act was brought by the British government in 1908 and another Act SPT Act in 1949, in the name of protection of the land of tribunals and other backward caste peasants, said the plea.
"The Act says that the land will not be taken by the businessman in the name of interest. It is the law that no other than the same caste person can purchase the land, only the peasants from the same subcaste could purchase the land who will never come in the status of doing so. Even the peasants from the same caste could sell or purchase the land after the permission of District Magistrate/Collector under the previous section 46 of the Act," it added.
There are ample anomalies in the Act as the land can't be given on even lease for the period of more than six years and its use also is restricted meaning thereby that it cant be used for any commercial purpose, the plea said.
There is no legal way to sell or purchase the land whereas about seventy per cent of the land has been transferred illegally and used illegally by the occupants violating the CNT on SPT Act, the petition further said.
"Both the two tenancy Acts are not only against the non-tribal raiyats but also not beneficial for the tribal community also," added the plea. Both the acts are old and need amendment and withdrawal from certain areas due to efflux of time and modern-day needs and also present population of tribals in different areas of Jharkhand, it stated.
The plea stated, "Due to these Act tribals in Municipality area are not able to either use the land for agriculture neither they can sale the same on the market value and lands of tribals are being illegally transferred by way of Chhaparbandi in Jharkhand area and by way of simple agreement like Bhhuktbanda in Santhal Parganas area, where the landowners get less sale value than the prevalent market rate and as such, they are suppressed in their progress in various fields. The tribals cannot get a loan from the bank nor mortgage the land due to the embargo laid down in the above two Acts."
Areas in Chhotanagpur and Santhal Parganas were declared Scheduled tribe area due to the existence of two Acts, said the plea.
"Tribals and non-tribals are sufferers and become poor and poor because they have no right to sale their land to other persons who are ready to give the market value so that they can be benefitted. Restrictions have been made under CNT Act to transfer the land of the tribe to any other tribe of same Police Station and of District too with the proper sanction that Commissioner," the petition added.