What will be stand of SC??
Querist :
Anonymous
(Querist) 09 January 2011
This query is : Resolved
Learned experts,
In registration of land/property of Schedule Castes/Backward classes, There is a mandatory provision, which require previous permission from the concerned Deputy Commissioner.
In the year 1969 a judgment of Patna HC came which observed that these restrictions as unreasonable and not in consonance with constitution. Based on this observation Govt. of Bihar (IG of registration) in 1970 issued a letter to all the collectors and registrar to not to follow the restrictions.
The provision of that act got included in the 9th Schedule at item No. 209 by 44th amendment of the Constitution which came into force on 20.6.79.
Later in the year 1984 the full bench of the HC set aside the earlier judgment of 1969, which had lifted the restriction.
Before this letter of 1970 the provision of the act was being followed strictly. But since 1970 to till date the provision of the act is not being followed, i.e. the registration of land/property of Schedule Castes/Backward classes are being registered openly without any permission from the concerned Deputy Commissioner till date. Recently in Dec 2010 again a letter from Chief Secretary of the state has asked to the entire registrar/registry office to continue with the registration without permission.
On the other hand HC is neither acknowledging nor attaching any importance to the letters of IG Registration and Chief Secretary of the state, and declaring the sale deeds registered without permissions (even registered in 1970 after the mentioned letter) as null and void ab initio. Many people have lost the suit and their lands. On this matter till now no SC judgment is there so judgment of HC is prevailing over the state.
Widespread confusion is prevailing. I too had purchased a land of schedule caste in 1970 (after lifting the restriction) and was denied the permission by saying that it is no longer necessary now. Now the vendor is claiming the land and creating lot of nuisance. I consulted all the veteran best lawyer of the state, all says that never go to civil suit, ur sale deed will be declared null and void ab initio (since u do not have permission). U will not get any relief till HC. Only SC can intervene or situation will be worsened. Let anyone approach to SC and wait for the result.
What is the fate of lakhs sale deeds registered without previous permission from the concerned Deputy Commissioner between 1970 till inclusion in the 9th Schedule? As it is not our fault.
Who will compensate us in case we lose our land?
Is the letters of IG Registration and Chief Secretary of the state a waste of paper having no significance?
Will writing to Law Commission or SC bring any result?
What will be the stand of SC, if PIL filed?
Affected party is poor and cannot afford any suit at SC?
In this situation what one should do?
Please advice/suggest.
My Thanks and great regards to all of you.
