906-WP10010-2026.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10010 OF 2026 Pinni Co-op. Housing Society Ltd. ...Petitioner Versus The Chairman National Commission for Schedule Tribes & ors. …Respondents Mr. R. D. Soni, i/b Ram & Co., for the Petitioner. Mr. Atharva Dandekar, a/w Prabhakar Narwane and Harshal Belekar, for Respondent No.5. Mr. N. C. Walimbe, Addl. GP, a/w Dr. Dhruti Kapadia, AGP for the State. Mr. Sanjeev Gorwadkar, a/w Shrirang Katneshwarkar, Suresh Palande, Dhairyasheel Palande and Saurabh Palande, for Respondent Nos.7,11,16 and 17. CORAM: N. J. JAMADAR, J. DATED: 6th AUGUST, 2026 Oral Order:- 1. Heard the learned Counsel for the parties. 2. The challenge in this petition is to an order dated 15th June, 2026 passed by the National Commission for Scheduled Tribes inter alia directing the Collector, Sub-Divisional Of>cer, Pune and the concerned Tahsildar to prohibit the transfer of the subject land under Section 36A of the Maharashtra Land 1/4 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.08.08 11:17:40 +0530 906-WP10010-2026.DOC Revenue Code and also make an entry in the record of rights of the subject land. 3. Pursuant to the aforesaid order, the Additional Collector, Pune, has passed an interim order dated 23rd June, 2026 in the review application >led by the Respondent Nos.6 to 21, thereby directing status quo as to the development of the subject land and transfer thereof. The subsequent order dated 28th July, 2026 is also challenged in this petition. 4. The principal ground of challenge is that, the National Commission for Scheduled Tribes has no adjudicatory power and, thus, the order dated 15th June, 2026 directing the revenue authorities to effect the mutation in the record of rights of the subject land and take consequential action were wholly without jurisdiction. Both the impugned orders are also assailed on the ground of non-observance of the principles of natural justice and fundamental principles of judicial process. 5. Attention of the Court is invited to the judgment of the Supreme Court in the case of Mumbai Port Authority vs. National Commission for Scheduled Caste and Others1, wherein the Supreme Court has clari>ed that the powers entrusted to National Commission for Scheduled Caste (NCSC) are limited in 1 2026 SCC OnLine SC 1398. 2/4 906-WP10010-2026.DOC nature. Clearly NCSC and its other compatriots under Articles 338A and 338B are Constitutional Bodies with a socially bene>cent purpose but quite apparently, the Legislature has prescribed a role that is recommendatory and advisory, but certainly not adjudicatory. They are not meant to be bodies taking over adjudicatory functions. 6. It appears that the Additional Collector has passed the impugned order predominantly inEuenced by the order passed by the National Commission for Scheduled Tribes dated 15th June, 2026. Indeed there is reference to the other aspects of the matter as well. However, since, the order dated 28th July, 2026 is passed primarily on the basis of the order of National Commission for Scheduled Tribes, which, in turn, has the trappings of an adjudicatory order, the impugned order dated 28th July, 2026 cannot be sustained. 7. It would be appropriate to remit the matter back to the Additional Collector to pass a fresh order in the pending review application after providing an effective opportunity of hearing to the Petitioners and Respondent Nos.5 to 21. 8. Hence the following order: 3/4 906-WP10010-2026.DOC : O R D E R : (i) The impugned order dated 28th July, 2026 passed by the Additional Collector in Review Application stands quashed and set aside. (ii) The matter stands remitted back to the Additional Collector to pass a fresh order in Review Application, after providing an opportunity of hearing to the Petitioners and Respondent Nos.5 to 21 (iii) The parties shall appear before the Additional Collector on 10th August, 2026. (iv) The Additional Collector is requested to pass an appropriate order in accordance with law within a period of two weeks thereafter. (v) All contentions of all the parties are kept open for consideration by the Additional Collector. (vi) The petition stands disposed. [N. J. JAMADAR, J.] 4/4