In a Democratic
Country, welfare of the poor, depressed, have-nots is one of the concerns of
the Government. To mitigate the
suffering of such people, government often grants land so that they cultivate
the land and earn their livelihood and
imposes restriction on transfer of such granted land for certain period to
ensure that the desired welfare objectives are not defected. Members of
Scheduled Castes and Schedule Tribes are the most exploited.
As discussed many times
the sale and purchase of agricultural land in Karnataka has various
restrictions. Government of Karnataka
has put severe restrictions on transfer of lands granted to Schedule Castes and
Schedule Tribes. The relevant
legislation is ‘The Karnataka Schedule Castes and Scheduled Tribes (prohibition
of transfer of certain lands) Act 1978 and Rules 1979.
This is a social
agrarian legislation to empower the down trodden and also to prevent
exploitation. This act has overriding
effect and takes control of all granted lands, irrespective of law under which
they were granted be it under Karnataka Land Reforms Act, Karnataka Land
Revenue Act, Mysore Land revenue Code, or those of erstwhile provinces
like Bombay , Coorg, Hyderabad ,
Madras and
prohibits transfer of such lands without the permission of the Government. This
act has come into force from 01.07.1979.
However, the Act covers lands granted even before the commencement of
the Act.
Granted Land
Granted land is any
land granted by the Government of Karnataka to the person belonging to any of
the Schedule Castes or Schedule Tribes.
It also includes lands granted to such persons under any relevant law in
force for time being pertaining to agrarian reforms, land ceiling, abolition of
Inams except those relating to hereditary offices or rights, that is the lands
granted under hereditary offices like thoti, Neeruganti etc., which are not
covered under this act.
The Presidential orders
1950, under articles 341 and 342 of the Constitution of India have proclaimed
the state-wise list of Schedule Castes and Schedule Tribes. The list has
relevance to the State in which the members of the community reside. A caste categorized as Schedule Caste in one
State may not be so in another State. Persons who do not follow the religion of
Hindu, Sikh, Buddhists, are not deemed as members of scheduled castes.
Transfer Prohibited
The Act prohibits any
type of transfer of land; not limited to sale without prior permission of the
government. The word transfer as used in
this act encompasses sale, gift, exchange, mortgage, lease or any other similar
transaction. It prohibits mortgage
whether with or without possession. It
includes creation of charge, or an agreement to sell, exchange, mortgage. But partition among family members and
disposition by will are not covered.
Transfer of granted land to another member of Schedule caste or tribe is
violation under this act.
Section 4 of this act
is more crucial and important. It spells
out that transfer of any land granted before commencement of the act or after,
in contravention of terms of grant is null and void, which means such transfer
is inoperative. The transferee will not
get legally valid title, interest or right to such property.
Further, it clearly
mandates that any transfer of granted land needs prior permission of
Government. Permission of the Government
is also necessary for sale of the land in execution of any decree or order of a
civil court or any authority. This makes
it very clear that any transfer of granted land even after complying with terms
of grant needs the prior permission of Government. Even entering into agreement to sell needs
prior permission of the Government.
The land might have
been granted free of cost, or at reduced price (up set price). Reduced price means the price based on land
revenue and not market price. In many
cases, the grantee that is the person to whom the land was granted will be
asked to pay price equal to land revenue of some years.
Land is granted to the
members of Schedule Castes and Tribes with certain conditions like,
1) The grantee shall not transfer the land for a period of 15
years from the date of taking possession
2) The land should be brought under cultivation within three years
from taking possession.
3) The grantee shall cultivate the land personally
4) The land shall be used for the purposes for which it was
granted and any change of use requires prior permission of the Government.
5) The grantee shall plant within a period of one year one tree
for every ten guntas or 10 trees for one hectare.
The
land may be granted not only for agricultural purpose but also for constructing
residential accommodation with restrictions on transfer. Though the restrictions on transfer of the
granted land is 15 years or more, the government may permit the transfer after
a lapse of five years depending upon the circumstances and the needs of the
grantee. The procedure for grant of lands are governed by Karnataka Land
Government Mistake Back
Now
we shall discuss about the transfer of land granted to the members of /Schedule
castes and tribes within the period of restriction on transfer or without the
prior permission of the Government. As
stated earlier the transferee will not get any legally valid title, interest,
right in such property. Further the
Government, represented by the Assistant Commissioner, after an enquiry may
take possession of such land; by evicting the persons who are in possession of
land. However sufficient opportunity
will be provided to the transferee to present his version of the case. After taking the possession of such
transferred grant land the Government may restore the land to the original
grantee or his legal heirs. If it is
practically not possible to restore such land to the grantee or legal heirs,
the land will vest with the government free of all encumbrances. The Government may grant such land to any
other member of Schedule Caste or Schedule Tribe eligible for grant. If the enquiring authority finds that the
transfer of land has not violated any provisions of the Karnataka Schedule
Caste and Schedule Tribes Act 1978, orders will be passed accordingly. The Government has got powers to initiate
action by the mere fact that the granted land is in the possession of the
persons other than original grantee or his legal heirs. It is not necessary that the original grantee
or his legal heirs to lodge the complaint. A interested person or on
information provided by any person or the government on its own may initiate
action. The act also provides for appeal
by the aggrieved persons who have lost the possession of the land
purchased. He may appeal to the Deputy
Commissioner having jurisdiction within three months from the date on which the
order of Assistant Commissioner was communicated to him. Deputy commissioner also has powers to
condone the delay in preferring appeal, if satisfied about the cause for delay.
Deputy commissioner will dispose the case based on merits.
Registration of Granted Lands
The
act prohibits the registration of any document of transfer of such granted land
without compliance of the provisions of this Act that is without prior permission
of the government. Every registering
office will be provided with a list of granted lands falling in its
jurisdiction. However, this prohibition
will not apply to transfer of granted land in favour of State Government,
Central Government, local authority or bank.
What
is more serious is the punishment prescribed for acquiring the land granted to
the Schedule Castes and Schedule Tribes in violation of the provisions of this
act, that is without prior permission of the Government and in contravention of
the terms of grant. Such transferee on conviction may be punished with
imprisonment upto six months or fine upto two thousand Rupees or both.
Judicial Verdicts
Following are some of
the important judicial verdicts pertaining to the Act.
Unless
proved otherwise, if a person other than grantee is in possession of granted
land, it has to be presumed that the land is transferred and it is null and
void (ILR 1997(1) KLR 474 Possession by a trespasser will not amount to
transfer under the act (ILR 2002(2) KAR2431.
Alienation
to bank is not prohibited (ILR2002 (3) KAR 3780.
Alienation
of granted land in form of mortgage without prior permission of the Government
is void (2000(2) KLR SN21)
When
authority-granting land has not imposed the condition of alienation, the
authority issuing Saguvali chit cannot impose such condition (ILR 1999(1) KAR
261.
To
avail the advantage of adverse possession, such possession should be for thirty
years prior to the act coming into force 1999(5) KLJ732.
Whether
the grant is for upset price or otherwise the prohibition is applicable 1991(1)
KLR 373
If
the transferee has made some improvements he cannot claim compensation on
eviction (1992(4) KLJ1.
Even
bits of land granted for house sites are covered by the act (ILR 2001(3) KAR
3753:2001(4) KCCR SN 320-DB.
Purchasers will Lose
Though the Act functions as a
socio-agrarian legislation, aimed at improving the social and economic status
of the members of Scheduled Caste and Scheduled Tribes, the chances of its
misuse cannot be ruled out. Many grantees, legal heirs etc., sell the granted
lands to innocent people, who are unaware of the provisions of this Act, and
later on claim that such transfer is null and void. Though ignorance of law is
no excuse, the government should also educate the public and land records like
RTC, RRPR etc should clearly indicate the nature of the land and restrictions
on its transfer. But the RTC or RRPR does not disclose this prohibition. Though
there is prohibition on registration of such land in the Act, there is no
punitive provision to the sub-registrar for violation. Many registering
officers register the transfer of such granted land many times in connivance
with the seller. The ultimate victim will be the innocent purchaser who loses
the property and money and is also at risk of facing imprisonment and fine. Any
social legislation should ensure that equity and justice is meted out to all
and a fine balance is struck.
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