[Civil Appeal No. 3470 of 2006]. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as 'the Act') was introduced to provide for the restoration of certain lands to persons belonging to the scheduled tribes. It has been notified on 01.11.1975. Under Section 4 of the Act, the restoration is contemplated in respect of transactions on or after 1st day of April, 1957. Section 4 reads as follows: "4. Restoration of lands of persons belonging to Scheduled Tribes. Where any land of a Tribal is, at any time on or after the 1st day of April 1957 and before the 6th day of July 1974, purchased or deemed to have been purchased or acquired under or in accordance with the provisions of the relevant tenancy law by a non-Tribal-transferee or where any acquisition has been regularised on payment of penalty under such law and such land is in possession of a non-Tribal transferee and has not been put to any non- agricultural use on or before the 6th day of July 1974, then the Collector shall, notwithstanding anything contained in any law for the time being in force, either suo motu at any time or on an application by the Tribunal made 1 [within thirty years from the 6th July 2004] and after making such inquiry as he thinks fit, direct that the land shall, subject to the provisions of subsection (4) of section 3, be restored to the Tribal free form all encumbrances and that the amount of purchase price or a proportionate part thereof, if any, paid by such non-Tribal-transferee in respect of such lands in accordance with the relevant tenancy law shall be refunded to such non-Tribal-transferee either lump sum or in such annual installments not exceeding twelve (with simple interest at 4 1/2 per cent. per annum) as the Collector may direct.
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