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HC scraps order on CNT Act

-The Telegraph

The deputy commissioner’s permission will now be mandatory for transfer of land belonging to other backward classes across the state, as Jharkhand High Court today set aside a controversial order of the government that had overturned provisions of the Chotanagpur Tenancy (CNT) Act.

A division bench of Chief Justice Prakash Tatia and Justice Aparesh Singh scrapped the December 11, 2010, order of the land and revenue department that was challenged in a PIL by former Mayurbhanj MP Salkhan Murmu.

The order asked DCs to suspend directions on a directive issued seven days ago. That directive, issued on December 4, 2010, had asked DCs to ensure that Section 46(1)(b) of the CNT Act be implemented with immediate effect and that land belonging to ST/SC/Backward Castes not be transferred without their permission.

With the second letter overriding the earlier, the DCs, despite having powers under the Act, had no authority to prevent or scrutinise transfer of land of an OBC.

Murmu challenged the second order in February 2011, alleging that Munda and land and revenue minister Mathura Prasad Mahto had exerted their influence to facilitate illegal transfer of tribal land.