Apex court upholds law against poaching of land owned by SCs
Asserting that the rights of SCs and STs should be protected from influential elements, the Supreme Court has upheld the validity of a Karnataka legislation which prohibits sale or transfer of by scheduled lands without prior permission of the gov...
By PTI |
NEW DELHI: Asserting that the rights of SCs and STs should be protected from influential elements, the Supreme Court has upheld the validity of a Karnataka legislation which prohibits sale or transfer of by scheduled lands without prior permission of the government.
The apex court ruled that even if the land has been transferred or sold the authorities would still be empowered to acquire the land from the so called purchaser.
"The act was introduced to help and protect the right, title and interest of the scheduled castes and scheduled tribes, in respect of the granted lands, whose poverty and status in the society was taken advantage of by some rich and affluent persons who took their lands either by paying a paltry sum or even without paying anything to them," a bench of Justices Tarun Chatterjee and Dalveer Bhandari said.
The bench passed the ruling while dismissing an appeal filed by Dharma Naika, purchaser of a scheduled land in Karnataka's Chitradurga district. His earlier appeal was dismissed by the Karnataka High Court.
Naika's contention was that the Karnataka Scheduled Caste and Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978, came into force from January 1, 1979, whereas he had entered into an agreement for sale on July 6, 1976; and the actual sale deed was executed on October 13, 1986.
The apex court ruled that even if the land has been transferred or sold the authorities would still be empowered to acquire the land from the so called purchaser.
"The act was introduced to help and protect the right, title and interest of the scheduled castes and scheduled tribes, in respect of the granted lands, whose poverty and status in the society was taken advantage of by some rich and affluent persons who took their lands either by paying a paltry sum or even without paying anything to them," a bench of Justices Tarun Chatterjee and Dalveer Bhandari said.
The bench passed the ruling while dismissing an appeal filed by Dharma Naika, purchaser of a scheduled land in Karnataka's Chitradurga district. His earlier appeal was dismissed by the Karnataka High Court.
Naika's contention was that the Karnataka Scheduled Caste and Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978, came into force from January 1, 1979, whereas he had entered into an agreement for sale on July 6, 1976; and the actual sale deed was executed on October 13, 1986.
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