Wednesday, June 8, 2011

[ZESTCaste] High court rules that SC/ST's cannot repeatedly sell their lands in Karnataka

 

http://www.dnaindia.com/bangalore/report_high-court-rules-that-sc-st-s-cannot-repeatedly-sell-their-lands-in-karnataka_1552612

High court rules that SC/ST's cannot repeatedly sell their lands in Karnataka
Published: Wednesday, Jun 8, 2011, 16:10 IST
By DNA Correspondent | Place: Bangalore | Agency: DNA

The high court on Tuesday ruled that, from now on, the original
grantees of the land allotted to them under the provisions for the
Scheduled Caste and Scheduled Tribe communities can be prosecuted by
the government for criminal offence if they sell their land
repeatedly. The purchasers of land can recover the money from the
original grantees.

A division bench headed by chief justice JS Khehar gave these
directions. The ruling came during the hearing of a case pertaining to
Cheluvaiah, who was granted with four acres by the government under
the provisions of land grants to SC/ST in 1955.

He then sold the land twice and thereafter got the land restored to
him under the provisions of Karnataka Scheduled Caste and Scheduled
Tribe (Prohibition of Transfer of Certain Lands) Act, 1978.

The bench observed that it amounts to cheating if the granted land is
repeatedly sold. The division bench further observed that in many
instances when the land is sold more than once, the original grantee
is aware he or she cannot sell the granted land due to prohibition as
per the act.

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