Permission for sale of granted land
Kumar
(Querist) 16 February 2012
This query is : Resolved
Dear Experts,
We 4 people jointly own a granted land in karnataka. Due to some financial problems we were planning to sell the land. i just wanted to know the procedure for sale, some say that we have to take permission from the AC / Dc of the district for sale of such land. Also if any1 has the format of such permission please do forwrd me. Please help me its very urgent.
Thnx
ajay sethi
(Expert) 16 February 2012
you cannot sell the granted land without permission of the goverment . if you do so it is a criminal offence and you cna be prosecuted
ajay sethi
(Expert) 16 February 2012
the hindu Wednesday, Jun 08, 2011
Bangalore: In a judgement aimed at preventing misuse of the law to protect the land granted by the Government to the people of the Scheduled Castes/Tribes, the Karnataka High Court on Tuesday said that grantees of land can be prosecuted for criminal offence when they “repeatedly” sell land granted to them.
The Law
The High Court has also ruled that the purchasers of land can recover the money from the seller (original grantees) as the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 prohibits the sale of granted land without the permission of the Government besides permitting the grantee to seek restoration of land in case of alienation. Under the law, Scheduled Castes and Scheduled Tribes communities can sell land granted to them only with Government permission. In many cases, the grantees dispose of the land without permission. In such cases, the land is restored back to the grantees. Repeat sellers are those, who again sell the land after it has been restored to them.
Hearing of a case
A Division Bench comprising Chief Justice J.S. Khehar and Justice H.G. Ramesh issued the directions while dealing with a case in which a person, who was granted with four acres of land by the Government under the provisions of land grants to SC/ST in 1955, had sold the granted land twice over and thereafter he got land restored to him under the provisions of the Act. The Bench said that the court had come across a large number of cases relating to abuse and misuse of the provisions of this Act.
Penalty clause
The Bench said repeated instances of selling granted land (in violation of the Act) by the grantee amounts to cheating, as in such instances seller (original grantee of the land) would be fully aware of the fact that they cannot sell granted land due to prohibition as per the Act. The Act has penalty clause against only those, who acquire land in violation of provisions of this Act.
The High Court Bench observed that enabling the purchasers to prosecute and recover the money paid to such repeated sellers can act as a deterrent to persons misusing the provisions of the Act, which was enacted to protect beneficiaries of land grants from being exploited by persons belonging to affluent and powerful sections.
Case of Cheluvaiah
In one such instance, one Cheluvaiah was granted four acres of land by the Government at Periyapatna in Hunsur taluk of Mysore district in 1955. Cheluvaiah sold this land in 1962. However, after a few years he filed an application before the Assistant Commissioner, Hunsur, seeking restoration of land to him under Section 5 of the Act and his application was allowed by the Assistant Commissioner. The purchasers of land, who had contested restoration of land to Cheluvaiah, had lost the case even in the High Court in 1985.
Interestingly, Cheluvaiah had again sold the land to some other person in 1992 and after some time he again approached the Assistant Commissioner and got the land restored back to him in 1999.
And, a single judge bench had dismissed their petition recently.
Final verdict
However, the Bench, which was dealing with an appeal filed by the purchasers of land, on Monday said that it is open for them to recover the money paid by them.
The Bench, however, upheld restoration of land to the original grantee.
prabhakar singh
(Expert) 21 February 2012
Without permission of the State you can not legally sale.
Citation or no citation.News published or no news published.
