PTCL act in favour of purchaser

JAGOO INDIA

I am looking favourable answer to purcaher, if a land is purchased from schedule cast and tribe people alloted by Governement, after the expiry of restricted period imposed on the allottee.

This type of sale how Govt can say illigal while in Allotment letter is only written that allottee can sell the land after the completion of 15 years????? while

  1. nowhere it is written that Govt permission is required ?
  2. The sale deed is executed and accepted by the registrar based on "Sagwari chit"
  3. The Tehsildar transfered the land to the purcahser, issued Mutation certifiacte, "PATTA" in the name of purcahser and all related document are issued in favour of purcahser.
  4. The purchaser is paying all kind of taxes and enjoying compleet possion of land more than 15 years after purchase.....
  5. Even involving ands ending request to demarked the land boudaries possed by purchaser?

The matter is well known to revnew authorities, then how they can claim that purcahser require permission to purchase a land from SC/ST people?

 
Reply   
 
Advocate

It is not correct to say that nowhere it  is written that Govt permission is required

The following is a report that appeared in the Hindu dated 13.1.2007, which clearly points out that there are circulars, guidelines and orders specifiying that government permission is required.

The Karnataka Government, through a circular dated 03/10/2006 bearing No.RD/41/LGP/2006 issued by the Principal Secretary, Revenue Department, has formulated new guidelines pertaining to obtaining such sale permission under the provisions of the Karnataka Schedule Caste & Schedule Tribes (PTCL) Act, 1978. These guidelines lay down conditions to be complied with by the seller i.e., the original grantee, the prospective buyer and the revenue officials who are conferred the powers to grant such permission.

In cases where five years have not elapsed from the date of grant, permission for selling such grant land will be rejected. In cases where more than five years have elapsed from the date of grant, i.e. say 10, 15, 20 or 25 years, if the government grants permission to alienate such land based on the financial background of a person or family, the grantee should deposit 50 per cent of the sales realisation under Rule 9(1) (i) of the Karnataka Land Grant Rules, 1969.

If the non-alienation period is over, the government, after considering the financial background of such grantee, can give permission to sell the land concerned provided the grantee purchases some other land by investing the sale consideration received.

Pressure to sell

 

The government has observed that since land prices have gone up in and around Bangalore, real estate agents are luring persons belonging to the SC and ST communities by paying lesser amounts and obtaining power of attorney from them and thereafter selling the land at a higher price to developers. Such agents are forging signatures and fabricating documents to obtain permission for alienation of such land.

In this background, the Tahsildar is sending reports to the Commissioner in which the following serious lapses are found: Sketch of the property without bifurcating such land and without boundaries is being attached; the report does not contain any clarity as to whether the land is granted land and the saguvali chit is not attached to the report (in certain cases, bogus saguvali chit is being attached); the report does not confirm whether the non-alienation period is over, whether five years have expired from the date of grant and the non-alienation period prescribed in the grant order; no spot inspection is being carried out; no verification is being made as to whether the grantee is in possession of such land and whether the grantee is cultivating such land; the financial background of the grantee is not being verified; the fact of intention of the grantee to purchase the alternative land and whether he/she has entered into any agreement for the purchase are also not being verified.

Due to the above reasons, the government has now laid down that the Tahsildar should not send reports without containing the aforesaid information. In case he does, the government will open an enquiry against him.

Wherever permission to sell the grant land has been applied for, the aforesaid information should be obtained and the Tahsildar should send a report to the Assistant Commissioner. The latter should gather information about the financial background of the grantee and send a report to the Deputy Commissioner. The Assistant Commissioner should verify from the grantee if he is aware of the market value of his property; if not, provide the information.

The Assistant Commissioner should also verify who is purchasing the land and for what and on what basis. He shoud verify and confirm that the Tahsildar has not violated the conditions in making his report and thereafter should send the appropriate report to the Government through the Deputy Commissioner.

 
Reply   
 


JAGOO INDIA

Thanks for your promt reply Mr R Ramchandran,

  1. The land was purchased in 1995 after completion of probhition period means much before the Govt Circular dated 03/10/2006 bearing No.RD/41/LGP/2006 issued by the Principal Secretary, Revenue Department.
  2. During purchase the deal was cristal clear and very well under the knowledge of Tehsildar, assistant Commissioner's knowledge. The documents are sign by these athorities from time to time. Durng possesion of land even I applied to Tehsildar sending copy to Assistant commission for the demarcation of newly purchased land showing exactly in there record for the allotment of land. The complete documents were transfered by these authorities in my name then how can they can do such acts when there is restriction during that time. That means the circular came in 2006 should be applicable to onward cases not to apply on my case.
  3. Now taking excuses that may be SC/ST people are cheated by agents or pirchaser is lame excuse in front of the facts prevailing at that time.
  4. I put my whole life earning to establish myself but now such excuses and undue advantages given to SC/ST also encouraging them to demand/ extract more money from the purchaser put me on road. The oroginal owner send his son to claim the land or give more money which I can not efford. These people should be also punished for selling illigaly the land and purchase if submitt all ligal govt supplid documents then should be compansated with the present market value of the land.
  5. Govt must realise and write clearly on Sagwari chit "the land belong to SC/ST and non transferable in any circustances. Lift up power from Registrar to register this land. Lift up power to transfer the land in purchaser's name from Tehsildar. Todays SC/ST are benifitted and taking full advantages of such type of symphathatic protection and excuses, becoming more criminal minded rather than to join the main stream of society.
  6. Being a citizen of India we are all equal and having equal rights to live under one law and should not be catagorise on cast/tribe etc basis. PTCL is a very weak law and should not manupulate the Sagrwari chit condition to sell the land after 15 years. Please read carefuly and see by yourself understand? How one can dream that he/she has to obtain the permission from Govt to purcahse while period is over? This is complete responsibility to the authorities dealing the transfer of land etc.
  7.    

Please answer the bove two points, helping me to safe my property. I am desperitly looking for  true justice if it prevail under Indian law.

 

Thanks,

Ikram

 
Reply   
 
Director

I think you better approach the High Court for declaration of Title stating the facts you have stated here.

 
Reply   
 
JAGOO INDIA

Thanks Mr Ranganathan for your kind reply advsing to approach High court.

Could you please explain what is "Declaration of Title" ? I am very much intrested to expose the facts and harrasment created in the name of SC/ST and given undue advantages in the name of law.

Awaiting your reply.

with best regards.

Ikram Pasha

 
Reply   
 
JAGOO INDIA

Dear Mr Ranganathan,

I want to discuss my case personaly with you. Please send me your e-mail ID and contact number. If you are in Bnaglore, then please send me your office dress.

Thanks,

Ikram,

pashaikram@yahoo.com

 
Reply   
 

PTCL  ACT (the Karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain land) Act, 1978 – whether SC/ST peopl are taking revenge on us?

“Ignorance of law is not an excuse”

No one can take back these words or so…  Public would have not heard that, when it comes to PTCL. We are all aware in general, that once the property is purchased for a valuable consideration the vendor cannot ask to return the property as per Indian contract act.

Many of us are not aware that now SC/ST people are selling their properties for a valuable consideration and filing appeal to restore that land once they are done with their sale.

If we need to verify the grant rules, we need to go back and check the Mysore land revenue code, 1888 to till date amendments. Judgments on this rules say that you should not go as per the grant certificate (land revenue grant rules prevails over grant certificate).

As per the land grant rules, there is a prohibition forever and it varies from 10 to 20 years for each year’s amendment, whether our government is expecting us as a public to be aware about this, when many advocates are not even aware about the complete land grant rules, How the public can be aware about this?

I heard many grantees are entering into sale agreement and simultaneously asking their advocate to prepare appeal for restoration of the grant; poor public is losing their hard earned money. In some cases after grantees sell their land they wait for house to come up, so they can get their land along with house.

In one of our case, as per the grant, the land has been sold after 15 years by the depressed class (SC/ST) for valid consideration in the year 1972 i.e after expiry of the 15 years (land was granted in 1939). After selling, they have filed appeal for restoration in the year 1979 as per PTCL but they lost the case in front of Assistant Commissioner on the ground that alienation has happened after 15 years.

After 24 years their grand children had filed writ petition in the high court and high court has condoned the delay of filing appeal and granted order in favor of grantee because even though the land has granted with a condition of 15 years of non-alienation period, the actual non-alienation is forever.

Please note that this appeal is filed after commissioner has granted permission for converting land usage from agriculture land to non agriculture land, also during the proceedings period 60 to 70 people have bought plots in this layout and houses were built with BBMP plan approvals. “People are paying the tax and betterment charges for the land under litigation” and the government is not bothered to inform them during the registration time or at the time of collecting the tax, They are just bothered about the money or income they get.

How can government provide basic facilities (Electricity, Sanitation, Good Roads etc.,) for the land under litigation and collect the taxes”?

“Government could have intimated the people at any point, rather than put a person in a situation like Hell.”

Several advocates who verified the document, working for different banks could not get  a clue regarding the litigation. Once the bank has approved the loan, many people have bought houses in this layout through housing loan scheme

“When Advocates could not find the difference between the land under litigation, How can you expect a common man to do so”? How ignorance of law is not excuse can be applied here?

Now SC/ST people are well educated and few of them are trying to cheat others and PTCL law is helping them to do this.

In the above case 60 to 70 people, who availed housing loan has to find rented houses and pay the  housing loan without property, strictly speaking we will be working as a bonded labours for next 20 years or more (just for dreaming to have a property of our own).

“Rent (For staying) + House loan (For not staying) – How can a common man bear both?? When one is difficult to bear ”.

How sad to know that there is an injustice within the boundary of law”



Attached File : 137433 213508 53 ptcl act article.doc downloaded 967 times
 
Reply   
 

Govt has recently granted 2 acres of land to one of the SC/ST family with in the BBMP limits for agriculture purpose, where one square foot cost is rs.3500/- per sft and there are houses surrounded by.

very good, 24 crores to 30 crores woth of land to one family. whil we are struggling to save our 30*40 site house which we took it for loan.

Good, we are going in the right direction, god has to save our country.

 
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JAGOO INDIA

 

I agree with Mr Ramesh N. who after so long of my effort commented and open the facts going on with so called SC and ST people.

 

They are no more depressed class and now enjoying full power provided in the name of SC/ST.

 

What kind of law it is which depriving the facts in the name of INOCENCY of particular sect of Indian population.

 

Mr Ramesh please help me send the judgment where they have taken in purchaser as he purchased the land after the completion of 15 years alienation period. Beside that still I can see hundred of cases daily coming in the court filing with the same excuses claiming as the property inherited by there ancestors and they were SC/ST.

 

Why not court punishes those who has transfer legally all the documents while they were aware that the land belong to SC/ST. They are the one who worked under Govt and due to there negligence the purchaser is suffering. If the transaction is wrong then compensate the purchaser and do not throw him on road, forcing him to commit suicide as he lost all is hard earned money invested for the future of his family.

 

Why we presume now after more than 60 years that still the SC/ST people belong to weaker section when they fail to prevail the opportunity given them for 60 years(more than as agreed by Govt of India for 50 years).

 

You keep on given them free food/shelter in teh name of SC/ST and they will never come out to become self sufficient.

 

Fact is that every politician uses theme to gain there vote.

 

No one can realise the pain and sufferings of those who has been cheated by SC/ST those who are now joined the land grabbers, mafias etc in getting excuses to claim the land which already peacefully with full willingness sold out to the purchaser.

 

GOD bless India and make India FREE FROM CASTISM/

 

 

 
Reply   
 
JAGOO INDIA

Dear Ramesh N,

You are not aware of deep routed planning created by landgrappers. The present policy is these group convince/catch hold some SC/ST people and alongwith powerful people get the land alloted to them. They know the price in that area is Rs 3500/- Once it is alloted to them they share the loot and become crorpathi within one night. Everybody is happy as they proove that they are with SC/ST people and DOING THERE BEST TO UPLIFT THE POOR SC/ST PEOPLE. God bless INDIA.

Judiciary only look for laws without finding out the reality on ground. As I say if the land is tranfered from SC/ST people then why they do not stop immidiatelly an action and DO NOT TRANSFER THE LAND ON REVENEW RECORDS. WHY NOT THEY WRIGT THAT THIS LAND IS GOVT ALLOTED AND CAN NOT BE TREANFFERED IN ANY CIRCUMSTANCES WITHOUT GOVT APPROVAL.

WHY? Because few peopel are in mafia having deep routed links with all the system.

JAGOO INDIA

 
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