Jharkhand HC: Land restoration must start within reasonable time

The Story in Brief

The Jharkhand High Court has ruled that restoration proceedings under Section 71A of the Chotanagpur Tenancy Act must be initiated within a reasonable time, even though the law sets no time limit. A single judge, Justice Sanjay Kumar Dwivedi, also held that once a restoration order becomes final, it cannot be reopened in later proceedings.

The court set aside orders by the Additional Collector and Divisional Commissioner that had reopened a 1988 restoration order concerning 1.32 acres in Ranchi. Amar Kumar Choudhary, the petitioner, had complied with the 1988 order by transferring land. Citing Supreme Court rulings, the court said a delay of around 30 years is the outer reasonable limit and that res judicata applies.