KOLKATA, 3 JULY: Plots belonging to the tribals in north Bengal have been occupied by non-tribals but the state backward classes welfare department is unable to restore them because of legal complications coming in the way. According to an official of the department, land in Jalpaiguri and Malda and few tracts in the tea gardens that belong to tribals have been occupied by non-tribals by duping them. It has been observed that non-tribals occupying tribal lands do have the requisite papers though the tribal who had given his consent had actually done it without understanding the issue clearly. As a result of this, the tribal is left landless and vulnerable to hunger and malnutrition, said the official. The figures of tribal land transferred during the last three years are as follows: in 2007-08 – 31.55 hectares, in 2008-09 – 45.28 hectares and in 2009-10 – 61.14 hectares Handling cases where the land is illegally occupied by non-tribals is easier but the problem arises where the land has been transferred as per the norms, said an official of the backward classes welfare department. To begin with, the issue has to be raised with the block level officer of the department who is designated as the revenue officer and entrusted to handle problems relating to tribal landholding. In most cases the matter goes to the court, which is a time-consuming process, he added. According to the West Bengal Land Reforms Act, tribal land can be sold only to a person belonging to the same community, said an official of the land and land reforms department. It can be sold to a non-tribal only after failing to get a prospective tribal buyer. In order to sell the tribal land to a non-tribal, one has to get a No-Objection Certificate (NOC) from the revenue officer who is the block level officer of the backward classes welfare department. The revenue officer issues the certificate only after a close scrutiny. However, it has been observed that since it is difficult to get prospective buyers in his own community, the tribal is easily duped into selling to non-tribals. Again, at times NOCs are issued without proper inspection, thereby worsening the condition of the tribals further, said the official. The officials of the backward classes welfare department are left in trouble as safeguarding the rights of the tribals becomes a difficult matter.