State Government Dutybound To Protect Interest Of Tribal Community: Madhya Pradesh High Court

The petitioner, a member of the Scheduled Tribe (Baiga) community, alleged that the police authorities of the State Government had taken over his land for constructing a police post without adhering to proper land acquisition procedures.

A Bench of Justice Vivek Agarwal said, “It is made clear that looking to the status of the petitioner being a member of the Scheduled Tribe community, it is expected that Principal Secretary, Home Department will take a holistic view, in as much as, the State Government is dutybound by the constitutional provisions to protect the interest of such Tribal community.”

Advocate Suyash Pyasi appeared for the Petitioner and Advocate Harshwardhan Singh Rajput appeared for the Respondents.

The petitioner argued that the completed police post has rendered his land useless and that his rights as a landowner have been adversely affected. The petitioner submitted a representation to the Cabinet Secretary, seeking resolution.

However, the Court clarified that, based on their understanding of Public Administration, the Cabinet Secretary is not the appropriate authority for this matter. The Court said, “To my understanding of aspects of Public Administration, post of Cabinet Secretary has nothing to do with the affairs of the State. The representation is required to be made to the Principal Secretary, Home Department or the Collector, District Balaghat who have already been impleaded as respondent nos. 3 and 4 in the present petition.”

The Court instructed the petitioner to file a fresh representation before the Principal Secretary, Home Department, within fifteen days. The Principal Secretary was then mandated to decide on the representation through a speaking order within thirty days, with communication to the petitioner.

The petition was disposed of in accordance with these terms.

Cause Title: Haresingh Markam (Baiga) v. Union of India & Ors.

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