Mumbai, Dec 16: The tehsildar of Akkalkuwa in Maharashtra’s Nandurbar district has ordered the reversion of tribal agricultural land allegedly transferred illegally to the Nandurbar-based Jamia Islamia Ishaatul Uloom (JIIU) Trust, directing that it be restored to the original tribal owners. The educational institution, which earlier came under the scanner for alleged financial irregularities and violations linked to foreign funding and faced Enforcement Directorate (ED) action, has suffered another legal setback. The ruling adds to the institution’s mounting legal and administrative challenges.
Order Passed Under Maharashtra Scheduled Tribes Land Reversion Act
The order was passed by Akkalkuwa tehsildar Vinayak Ghumre, exercising powers under the Maharashtra Scheduled Tribes Land Reversion Act, 1974 (Act No. 14 of 1975). The order specifically states that the tribal agricultural land, which had come under the possession of the JIIU Trust and was allegedly transferred illegally to non-tribals, must be restored to the original tribal family. The tehsildar also directed that revenue records be corrected to reflect the restoration of ownership.
Details of the Land in Question
The case concerns agricultural land located at Pimpri Pada in Akkalkuwa taluka of Nandurbar district, comprising Survey No. 4/1 measuring 1.21 hectares and Survey No. 4/2 measuring 0.78 hectares. The land originally belonged to the late Rodtya Gimba Vasave, a member of the Scheduled Tribes community, and was sold for Rs 7.50 and Rs 5.10 respectively. Over the years, the land was transferred to non-tribal parties, with the transactions now held to be illegal under the provisions of the Maharashtra Scheduled Tribes Land Reversion Act, 1974.
Revenue Records Trace Chain of Transfers
According to revenue records examined during the proceedings, after Vasave’s death in 1965, his son Mundya Gimba sold the land in 1966 to Shafi Mohammad Ismail, who subsequently transferred it to Ruhabja Bap A. Majit in 1967. In 1985, Majit transferred the land in two stages to Gulam Mohammad Vistanvi, the managing trustee of JIIU.
Petition Filed by Tribal Resident Led to Proceedings
Reversion proceedings were initiated after Sunil Chamariya Vasave, a resident of Kelapani village in Dhadgaon taluka, filed a petition with the tehsildar’s office in Akkalkuwa seeking restoration of the land. In his petition, Vasave alleged that the transfers violated statutory protections for tribal land and were carried out without the mandatory approval of the competent authority. He argued that the land had remained agricultural in nature and originally belonged to economically weaker members of the tribal community, and that revenue authorities were allegedly misled to facilitate multiple transfers in disregard of their rights. These transactions, he claimed, were executed without approval under the Maharashtra Scheduled Tribes Land Reversion Act, 1974. Over the decades, the property changed hands several times, eventually coming under the control of the JIIU Trust.
Act Mandates Restoration of Illegally Alienated Tribal Land
The Act empowers revenue authorities to annul land transfers made between April 1, 1957, and July 6, 1974, where tribal land was alienated to non-tribals in violation of protective laws, and mandates restoration to the original tribal owners or their legal heirs.
All Transactions Declared Illegal
After examining revenue records and transaction histories, the tehsildar, Vinayak Ghumre, in an order dated November 28, declared all transactions on the land illegal and directed that it be restored to the original tribal owners.
Land Allegedly Used for Commercial Purposes
Officials said the land, which was under the control of the JIIU Trust, had reportedly been used for commercial purposes despite continuing to be classified as agricultural, with no lawful sanction for conversion or institutional use.
Trust’s Claim Nullified, Appeal Option Open
The order effectively nullifies the trust’s claim over the land and reinforces statutory safeguards intended to protect tribal land rights, officials familiar with the proceedings said.
The JIIU Trust has the option to challenge the order before the Revenue Tribunal in Chhatrapati Sambhajinagar. However, officials indicated that any appeal is likely to be closely scrutinised in the backdrop of the institution’s existing regulatory history.
Central investigating agencies are also examining whether the trust had acquired or attempted to acquire other parcels of land through similar arrangements, raising concerns about a broader pattern of regulatory non-compliance.
Multi-Agency Scrutiny Intensifies
The land reversion comes amid heightened scrutiny of the JIIU institution following ED action related to alleged hawala-linked fund movements, violations of the Foreign Contribution (Regulation) Act (FCRA), and allegations of unlawful sheltering of foreign nationals. The Ministry of Home Affairs had earlier cancelled the trust’s FCRA registration, citing alleged diversion of foreign funds to unauthorised entities.
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Further Action May Follow
Officials said the cumulative impact of the ED probe, the FCRA cancellation, and the land reversion order has placed the institution under multi-agency scrutiny covering finances, land assets, and compliance with tribal protection laws.
Further action, authorities said, would depend on documentary evidence and statutory violations that may emerge from ongoing investigations.
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