Jharkhand HC says six-decade-old tribal land dispute cannot be reopened under CNT Act
Ranchi, July 8: In a ruling that could have implications for several land restoration cases under the Chhotanagpur Tenancy (CNT) Act, the…
Ranchi, July 8: In a ruling that could have implications for several land restoration cases under the Chhotanagpur Tenancy (CNT) Act, the Jharkhand High Court has held that proceedings seeking restoration of tribal land cannot be reopened after an unreasonable delay if an earlier order has already attained finality.
Allowing a writ petition filed by Amar Kumar Choudhary, Justice Sanjay Kumar Dwivedi set aside the orders of the Additional Collector, Ranchi, and the Divisional Commissioner, South Chhotanagpur Division, which had directed restoration of the disputed land nearly two decades after an earlier settlement. The court restored the validity of the 1988 order passed by the Special Area Regulation (SAR) Officer.
Land dispute traced back to 1947
According to the court, the petitioner’s father had purchased the land in 1947 and remained in possession. A title suit filed in 1962 ended in a compromise in 1965.
In 1986-87, the original landowner’s family initiated restoration proceedings under Section 71A of the CNT Act. The SAR Officer, while disposing of the case in 1988, directed that an equivalent area of land in the same village be transferred to them. A registered sale deed was subsequently executed, and the land was also mutated in their favour. The 1988 order was never challenged.
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Fresh restoration case filed after 19 years
Despite the earlier settlement, another restoration case was filed in 2006-07.
Although the SAR Officer rejected the fresh claim, the Additional Collector, Ranchi, allowed the appeal and set aside both the 1988 and 2007 SAR orders. The Divisional Commissioner, South Chhotanagpur Division, later upheld the Additional Collector’s decision.
High Court cites delay and finality of earlier order
The High Court held that the authorities had overlooked two important legal principles.
First, it observed that the 1988 SAR order had attained finality because it was never challenged. Second, it held that a fresh restoration case filed nearly 19 years later was barred by the principle of constructive res judicata, which prevents the same dispute from being reopened after it has already been decided.
The court also noted that the appellate and revisional authorities had not given adequate reasons for ignoring these principles while overturning the earlier order.
Reasonable time limit applies under CNT Act
The High Court referred to Supreme Court judgments in Situ Sahu v. State of Jharkhand and Fulchand Munda v. State of Bihar, which held that although Section 71A of the CNT Act does not prescribe a specific limitation period, restoration proceedings must nevertheless be initiated within a reasonable time.
The court observed that allowing claims to be reopened after several decades would defeat the principle of legal certainty and could unsettle disputes that had already been resolved.
The High Court set aside the orders passed by the Additional Collector, Ranchi, and the Divisional Commissioner, South Chhotanagpur Division, restored the 1988 SAR order, and allowed the writ petition.
