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    Bombay High Court has ordered to ensure the title of lands of around 50,000 SC/STs landless families after HRLN PIL

    Date : 28/03/2014

    PUBLIC INTEREST LITIGATION NO 204 OF 2010

    R. V. Bhuskute, Versus State of Maharashtra & Anr.

    The Petitioners has filed a Petition under Article 226 of the Constitution of India, for an issuance of a Writ of Mandamus directing the Respondents to implement the aforesaid Government Resolutions. The Petition raises issues of public interest in respect of the landless tillers who are SC/ST and their right to life under Article 21 and right to equality under Article 14 of the Constitution of India.

    This Petition pertains to the inaction of state authorities in implementing the Government Resolution dated 27th December, 1978, 28th November, 1991, and subsequent Government Resolutions whereby tillers of land from the Scheduled Castes, Scheduled Tribes, Nomadic Tribes, Vimukta Jati and the Nav Bauddha community were to be given title of the land in their possession.

    By Order dated 28th March 2014, the Bombay High Court directed that the State of Maharashtra give effect to its government Resolutions of 1978 and 1991 and in effect transfer title of lands being cultivated by landless tillers. This order when given effect to, will ensure title of lands to well over 50,000 landless families.

    The 1978 and subsequently 1991 Government Resolution of the State of Maharashtra provides for transfer of title of land being cultivated by marginalized communities if the tiller has cultivated the lands for atleast one season prior to the cutoff date of 1991.

    Vide interim orders the High Court, had directed for the list of landless tillers who were found, to be in possession of lands, should be displayed at the website, the village panchayat as well as in twice in three local newspapers. This would enable those whose names did not appear on the government lists, to apply and make a case to have their names entered on these lists. These directives have been repeated in the Final Order of the High Court, which has drawn out a time bound schedule for the State Government to implement its own Government Resolutions.

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