IT Benami Unit Uncovers Systematic Tribal Land Law Violations In Madhya Pradesh

Bhopal (Madhya Pradesh): The Income Tax Department’s Benami Unit in Bhopal has unearthed more than a dozen cases involving systematic violations of tribal land protection laws in Madhya Pradesh through the execution of benami transactions.

According to the department, benami transactions involving tribal land in the state are not random violations, but are driven by strong economic incentives linked to the location and future potential of these lands. For instance, land around national parks and tiger reserves, including Bandhavgarh, Pench, Kanha and Satpura, has become extremely valuable for resort, homestay and safari lodge projects.

Non-tribal businessmen knew that Section 165(6) of the Madhya Pradesh Land Revenue Code (MPLRC), 1959 legally bars them from purchasing tribal land in notified areas unless specifically permitted by the Collector, a permission that is very difficult to obtain. They allegedly started using tribal employees, drivers or villagers as name lenders (benamidars) , to secretly acquire prime plots near park gates and core and buffer zones. A similar pattern has emerged in large swathes of mining reserves located on mineral-rich tribal lands, especially in the Mahakaushal region of the state.

219 properties attached under PBPT Act

Since the implementation of the Prohibition of Benami Property Transactions (PBPT) Act, 1988 in November 2016, the Benami Prohibition Unit (BPU), Bhopal, has attached 219 immovable properties totalling 105.951 hectares ( 261.81 acres), in 14 cases. These properties were bought for a total consideration of Rs 36.78 crore.

All the cases that have come up for further judicial scrutiny before the Adjudicating Authority or the Tribunal so far have been confirmed. The BPU, which has jurisdiction over all 55 districts of Madhya Pradesh, is headed by Joint Commissioner of Income Tax (JCIT) Saagar Srivastava, with Anjan Kumar and Kamal Joshi as other key team members. The unit works under the supervision of Director General (Investigation) Bijoy Kumar Panda and Principal Director of Income Tax (Investigation) Amaresh Singh.

59 properties seized in Jabalpur-Katni case

In one case, 59 properties around Jabalpur and Katni were attached. The properties were spread over 7.885 hectares and the consideration amount was Rs 3.52 crore, including cash payments totalling Rs 2.30 crore. In this case, the tribal benamidar was a person of meager means living below the poverty line. He did not have a PAN card and had no stable income apart from earnings from labour work.

In another case in Bhopal, one immovable property spread across 1.27 hectares, with a market value of Rs 5 crore to Rs 6 crore, was attached. The property was purchased in a fictitious name and the benamidar was found to be a non-existent person.

In a recent case, 12 acres of tribal land near Bandhavgarh Tiger Reserve was attached. It had allegedly been purchased in the name of a tribal driver by relatives of his employer for construction of a homestay and resort.