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SCs, STs being exploited to part with allotted land: court

Legal Correspondent

Powerful sections take advantage of poverty, ignorance

New Delhi: Influential persons cannot grab or take away land allotted by the government to the Scheduled Castes and the Scheduled Tribes by paying a meagre sum as sale consideration even if alienation is allowed after a specified period, the Supreme Court held on Tuesday.

It gave this ruling while upholding a Karnataka High Court judgment setting aside alienation of land allotted to the SCs/STs by the government under State legislation.

A Bench consisting of Justices Tarun Chatterjee and Dalveer Bhandari pointed out that the government of India had urged State governments to enact law, on the lines of its model legislation, to prevent alienation of land.

Writing the judgment, Justice Chatterjee said: “From the objects and reasons of this law, it was evident that ignorance and poverty of the SCs/STs were exploited by persons belonging to the affluent and powerful sections to get sales or mortgages, either for a nominal consideration or for no consideration at all.” On account of this, the SCs/STs became victims of circumstances.

“It is for this reason and to fulfil the purposes of the grant, it was thought fit by the [Karnataka] legislature that the land, even if it has been alienated, must be restored to the original grantee or his heirs and legal representatives who are admittedly SCs and STs,” the Bench said.

In the instant case, Tejyanaika was allotted two acres and 20 guntas in Chitradurga district in September 1955 with a condition that the land be not alienated for 15 years. In July 1976, his legal heirs executed an agreement to sell the land. Meanwhile, the State enacted the law prohibiting sale of such land without government permission and it came into force from January 1, 1979. When the government wanted to take back the land allotted to Tejyanaika, citing the prohibition in the 1979 law, it was contended that alienation was permitted after 15 years and that the sale agreement was executed before the new legislation came into force.

Dharma Naika, who purchased the land challenged the government’s move but the High court rejected his plea.

Dismissing his appeal against this judgment, the apex court said: “From an overall consideration of the objects and reasons for which this Act was introduced viz. to protect the right and interests of the SCs and the STs in respect of the granted lands and the relevant provisions of the Act, it is pellucid that the definition of ‘transfer’ under the Act includes an agreement for sale also.”

‘Null and void’

The sale deed was executed in October 1986 without prior permission of the government. That being the position, the transfer was “null and void” and no right, title [on] or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer,” the Bench said.

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