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Jharkhand High Court Limits Reopening of Tribal Land Disputes under CNT Act

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The Jharkhand High Court has ruled that tribal land restoration proceedings under the Chhotanagpur Tenancy (CNT) Act cannot be reopened after an unreasonable delay if a final order already exists, emphasizing the principle of finality in litigation.

The Jharkhand High Court recently delivered a significant verdict regarding the interpretation of the Chhotanagpur Tenancy (CNT) Act, 1908, specifically concerning the limitation of administrative powers in tribal land disputes. The Court held that proceedings for the restoration of tribal land cannot be reopened after an unreasonable delay, especially when an earlier order has already attained finality. This ruling addresses the tension between the protective intent of the CNT Act—designed to prevent the alienation of tribal land—and the legal principle of 'finality of litigation.' The Court observed that allowing authorities to reopen cases decades after a decision has been rendered creates legal uncertainty and undermines the stability of land titles. While the CNT Act is a vital piece of legislation aimed at safeguarding the interests of the Scheduled Tribes in Jharkhand, the judiciary has clarified that this power is not absolute or perpetual.

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