Acquisition of land under khasra

ANKIT SHARMA (Querist) 15 August 2020 This query is : Resolved
Can we buy a land which is mentioned as "gair mumkin abadi" in khasra number, All divisions between khasra are made in government record. Also this land is holding by a ST/SC. we are general and Willing to buy this land as it is properly constructed. There is too much confusion between officials. Is it legal to do so

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This discussion explores the legality of purchasing 'gair mumkin abadi' land recorded under a Khasra number from a Scheduled Caste (SC) or Scheduled Tribe (ST) owner, when the buyer is from a general category. The consensus is that land belonging to SC/ST individuals generally cannot be legally sold, gifted, or bequeathed to non-SC/ST individuals or companies, as such transactions are deemed unconstitutional and void. While 'gair mumkin abadi' refers to land within a village's habitation area, the primary restriction stems from the landholder's SC/ST status.

Advocate Bhartesh goyal (Expert) 15 August 2020
Land belonging scheduled cast or tribes can't be legally sale/gift or bequest to non sc/st or general class including companies also as such transaction are unconstitutional and void.So don't buy it.

Rajendra K Goyal (Expert) 15 August 2020
Gair Mumkin Abadi or Abadi – Meaning of — “Abadi Deh” of a village, is the habitation of a village, enclosed by the “Lal Lakir” and contains houses of proprietors and non-proprietors — “Abadi Deh” should not be confused with “Gair Mumkin Abadi” or “Abadi” — Former expression denotes land within the “Lal Lakir” whereas the latter expression denotes habitation or inhabited structures. Nirmal and another v. State of Punjab and others, 2012(3) L.A.R. 589 (P&H DB).

Since the land belong to SC / ST follow the procedure to purchase the land.

Land belonging to scheduled castes or tribes cannot be bought by non-dalits, including companies. ... "Section 42 (SC, ST Act) provides some general restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding.

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