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Wednesday, February 3, 1999

Yeoor tribal wins 10-year battle for his forefathers' land

Vivian S  
MUMBAI, February 2: Two staccato sentences scribbled on a declaration form, a thumb impression and a crumpled school leaving certificate is all it took Ankush Ragho Mere to prove he is an adivasi. Yet, the state administration, which wasn't convinced of his identity for an entire decade, forced the 30-year-old Warli from Yeoor to move a mountain of red tape before he could wrest his one-acre plot back from the builder who had seized it in 1985.

With a year-long inquiry by the Thane Sub-Divisional Officer now concluding that Ankush is indeed an adivasi and that he owns the land seized from him, it is a milestone for the other 35 other adivasi families still struggling to get their ancestral property back from corporators and other affluent and influential encroachers from Mumbai and Thane, who have systematically plundered the village since 1982.

Ankush's property is but one among 127 other plots in picturesque Yeoor seized by corporators, politicians, advocates and others, who built plush but unauthorisedfarmhouses worth crores of rupees on the land over the last 16 years. These bungalows, many of them mere weekend getaways for the rich and infamous, were in the spotlight in December last year, when former chief minister Manohar Joshi stayed their demolition by the Thane Municipal Corporation (TMC). Hence, even though Ankush has now officially been deemed owner of his property, it will be a while before the Meres can actually take possession of their land. The Thane Sub-Divisional Officer, B B Thakre, who concluded his inquiry into Ankush's case on December 27, 1998, confirms in his inquiry report that the Mere property had been illegally seized by Hari Jassumal Thakur, a builder from Mulund, in 1985. Thakur, whose 10-year battle with the Meres pivoted around a single detail - that Ankush was not a tribal - had taken advantage of the fact that the adivasi had no documents to prove his tribal status.

Purchase of land from adivasis is an offence as per the Tribal Act, 1975.When Thakur seized the plot in 1985,he therefore claimed Ankush was a non-tribal and to pressurise him, Thakur told Ankush that his mother had gifted him the property. The Gram Panchayat's records indicate that the plot was registered in the name of Ankush's father, Ragho Jettya Mere. But the property was transferred to Ankush's name after his father's death in the 1970s. However, being a minor at the time, Ankush's mother, Kashi Ragho Mere, was named caretaker till her son turned 18. It was during this period that Thakur seized the land.

The Meres, who cultivated paddy on their 30 guntas, were thus stripped of their only means of livelihood. Rice fields soon gave way to a bungalow called `Ram Mandir', a swimming pool, 50 mango trees, 25 coconut trees and flowering plants, all built by Thakur.

However, in 1989, Ankush, just 20 then, filed a case before the Resident Deputy Collector to reclaim his land. The inquiry, conducted by the Assistant Collector and the Resident Deputy Collector, concluded that Ankush was indeed an adivasi on thebasis of oral testimony provided by the then Yeoor sarpanch, Nathu Dhaji Jadhav (1965-1982). He was named as the sole owner of the property and Thakur was deemed an encroacher. The plot was finally sealed by the then collector in 1991. However, in 1994, Thakur went in appeal to the Bombay High Court, which directed that the case be heard by the Additional Collector within two weeks. The court also ordered the Collector to release the property and institute a fresh inquiry.However, Thakur filed an appeal before the Additional Collector. Thakur lost the case and this inquiry too concluded that Ankush was a tribal on the basis of the former sarpanch's testimony. Thakur's occupancy of the land was thereby declared invalid.

Twisting a technicality to suit his case, Thakur then approached the Additional Commissioner, Konkan Division, in 1996, on the ground that the Additional Collector had not issued him any notice during the hearing and the verdict had been delivered in his absence. This time too Thakur went inappeal, claiming Ankush was a non-tribal though he had no proof to substantiate his charge.

In December 1997, the Additional Commissioner said that since there were no records to prove Ankush's tribal status, he ordered a fresh inquiry by the Thane Sub-Divisional Officer (SDO), B B Thakre. However, this time too Ankush was unable to produce documentary proof confirming he was a Warli. Having never enrolled in school (neither had his father), Ankush thus produced his uncle's school leaving certificate to endorse his tribal status. This sufficed for the SDO, whose inquiry also concludes that the land in question belongs to the adivasi on the basis of three vital documents. On November 25, 1998, Ankush signed a declaration form stating that he is a tribal and that the Yeoor property belongs to him. On December 23, he submitted an affidavit to the SDO, climaxing a decade-long quest for his ancestral property.

Thakre told Express Newsline: ``As per the village records (village form nos 6 and 7), it isindicated that Ankush Mere is a tribal and since he is an adivasi, he should get back his land.'' The written order is awaited. With the plot now officially declared as his, Ankush says he is anxious to return home. The 30-year-old Warli, who is now a farm hand, says he simply cannot believe he has emerged the victor.Currently residing at Valsind in Bhiwandi, he says: ``I can't believe it. After 10 years, my ancestral property has finally been returned to me. But I hope nobody takes it back.''

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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