LI Network
Published on: November 18, 2023 at 18:19 IST
The Madhya Pradesh High Court, in a case involving the acquisition of tribal land for a police post, emphasized that the state government is constitutionally obligated to protect the interests of the tribal community.
The single-judge bench, presided over by Justice Vivek Agarwal, made this observation while disposing of a petition filed by a member of the tribal community.
The court explicitly stated that considering the petitioner’s status as a member of the Scheduled Tribe community, the Principal Secretary of the Home Department should adopt a comprehensive approach.
It emphasized that the state government, in accordance with constitutional provisions, has a duty to safeguard the interests of the tribal community affected by such actions.
The petitioner had alleged that his land, belonging to the ‘Baiga’ tribe, was acquired by the state authorities without adhering to the proper procedures outlined in the Land Acquisition Act. According to the petitioner, the state government had already constructed a police post on his land, rendering it unusable.
Justice Agarwal instructed the Principal Secretary of the Home Department to carefully consider and issue a well-reasoned order on the petitioner’s representation within thirty days if submitted within fifteen days from the pronouncement of the order.
The court clarified that the Cabinet Secretary has no authority to decide the state’s affairs in this matter, as the initial representation was made to the Cabinet Secretary.
The case is titled Haresingh Markam v. Union of India Through Principal Secretary Ministry of Tribal Affairs & Ors.