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Praveen Varma (Director)     26 April 2012

Transfer of tribal land

While reading the MP LRC 1959 Section 165 (6) and other documents on transfer of tribal land, I look forward the guidance along with supporting citation / orders / judgement for following questions

1. MP LRC 1959 refers to the prior permission of revenue officer not below the rank of collector for transfer of Tribal land in tribal notified area. Suppose in tribal notified area the land belong to Non-tribal then also for transferring of such land the prior permission of collector is required?
 
2. The MP LRC 1959 talk about agricultural land belong to tribal. So in case of non-agricultural land / diverted land the permision of collector is required?
 
3. Somebody has informed that the restriction on transfer of tribal land came into force since 1 st Oct 1959. Since this date the permission of collector is required for transfer of tribal land. Suppose a land was originally belonging to tribal and before 1959 the land has been transferred to non-tribal and since that the non-tribal is in possession of land. So in such case the land transfer will require any permission or not?
 
4. Suppose some company enter into Joint Development agreement with a non-tribal person for a land located in tribal notified area. The JV Agreement has been entered after the diversion of the land by land owner for the purpose of colony development. So in such case for selling the plots in such colony do the company require permission from collector?
 
5. In MP LRC 1959, the lease of the land is excluded for transfer of tribal land. So as mentioned in point 4, the company can lease out (long term lease) the plots to end user?

Look forward for a good discussion on the above. The link for MP LRC 1959 is given below

https://www.scribd.com/doc/58430315/The-Madhya-Pradesh-Land-Revenue-Code-1959



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