SC/ST Land Can Be Purchased?
Recent information on SC/ST land purchases
SC/ST land Can be purchased- The Karnataka Scheduled Castes and Scheduled Tribes Prohibition of Transfer of Certain Lands (Amendment) Bill, 2023. Has been introduced by the state’s newly elected Congress administration. The purpose of this measure is to extend the period of time that members of SC/ST communities have to assert their ownership of state-allocated property. That has been unlawfully acquired by third parties.
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The Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 was initially passed in order to guarantee that land allocated to SC/ST individuals who were less privileged would be returned to them or their heirs, even if it had been bought by others. A Supreme Court ruling from 2017 placed a 25-year time restriction on these claims, nevertheless. And many lawsuits were dismissed on the basis that they were time-barred.
The proposed change attempts to get rid of this deadline so SC/ST grantees can make their claims without time limits. This action is in response to demands from SC/ST groups. Who have been forced to relinquish their allotted lands as a result of illicit transfers. The amendment intends to stop richer people or groups from taking advantage of the “ignorance & poverty” of SC/ST recipients.
The government’s Bill emphasizes that this modification is required to address the problem. Since the SC/ST grantees’ rights were not sufficiently protected by the PTCL Act’s current provisions. The change, if approved, will retrospectively apply to all ongoing legal matters and court cases involving land transfers involving SC/ST allocations.
Introduction
In a major ruling, the Supreme Court declared today that non-Dalits. Including companies, are not allowed to purchase land that belongs to SC/ST (scheduled castes or tribes). As such transactions are against the Constitution. The Rajasthan government appealed the state high court’s determination that such a transaction was allowed, and a pair of justices—K S Radhakrishnan & Dipak Misra—handed down the decision. To learn about all the important elements, continue reading.
Purchase Of SC land
In a decision with significant ramifications, the Karnataka High Court determined that Section 4(2) of the Karnataka SCs and STs. Prohibition of Transfer of Certain Lands Act, 1978, This did not apply to “granted lands” under Section 95 of the Karnataka Land Revenue (KLR) Act, 1964, barred the transfer of some lands to SCs and STs.
It further mentioned that according to the language of the 1978 Act, lands provided to Scheduled Castes & Scheduled Tribes that are used for uses other than farming no longer qualify as “given land” when they are repurposed for those activities.
Buying SC/ST Property
The verdict was delivered in response to a ruling on the status of such lands made by a single judge bench by a Full Bench made up of Justices Alok Aradhe, M. Nagaprasanna, and Sachin Shankar Magadan.
According to the Bench’s interpretation of the provisions of the 1978 Act and the KLR Act of 1964. The requirement of receiving direct permission under Section 4(2) of the 1978 Act does not apply to diverted lands. Because the authorization must only be obtained in respect of “granted land”. As well as the land on conversion ceases to be “granted land” after conversion.
The Bench clarified that the awarded land is regarded to be agrarian and that the SC or ST individual planned to use it. For non-agricultural uses when such persons seek to convert the aforementioned property under Section 95(2) of the KLR Act, 1964.
The court also declared that the goal of the law is to safeguard an allottee against “granted land”. The above-mentioned land loses its status as “granted land” and is no longer subject to Section 4(2) of the 1978 Act. If such approval for conversion is obtained by the Deputy Commissioner pursuant to Section 95(2) of the KLR Act, 1964.
Supreme Court: Companies Can’t Purchase SC or ST Land
Aanjaney Organic Herbal Pvt Ltd filed an appeal with the high court challenging the state’s refusal. To acknowledge or modify the company’s acquisition of land from a member of the scheduled caste.
The Schedule Caste & Scheduled Tribe Interests are specifically protected by the Act, which is a useful piece of legislation.
“Section 42 (SC, ST Act) sets certain broad limitations on sale, donation, and inheritance of the property of Scheduled Caste & Scheduled Tribe, in the entire or part of their property.”
Such wide restrictions are intended to protect the interests of Scheduled Caste & Scheduled Tribe members as well as to prevent non-Scheduled Caste and non-Scheduled Tribe people from taking advantage of them.
The affirmation “who is not a participant of the Scheduled Caste or Scheduled Tribe” would necessarily imply a person. Other than those who have been incorporated into the written notice as per Articles 341 and 342 of the Constitution. According to our findings that Section 42(b) of the Act must be read in conjunction with the constitutional provisions, wrote Justice Radhakrishnan for the bench.
What Consequences Arise Legally?
Takeover of any land owned, administered, or assigned to any SC/ST member is prohibited. As is evicting a SC/ST member from her home unless done legally.
It is regarded as illegal if the property is seized without authorization.
- Without the victim’s consent, by threatening her or a family member of hers, or by fabricating false documents.
- A felony also includes forcibly denying a SC/ST member access to his land or prohibiting him from exercising any land rights. The following is included in this:
- Preventing a member of the SC/ST from exercising any of their Forest Rights Act rights.
- Removing rights to any irrigation or water supply.
- Crop theft or destruction.
- You risk receiving a 6- to 7-year prison sentence if you use fire or explosives to damage SC/ST members’ homes, places of worship, or property.
Conclusion
The sale of SC land without authorization is prohibited by Section 42 of the SC, ST Act. This law was passed in order to protect the SC/ST tribe’s interests. However, you can purchase SC land with permission from the collector or the DM. You would have to go through a drawn-out process if you were from the general caste in order to obtain SC land.
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