Purchase of sc/st land


Dear Sir,

Please guide me regrading the following points.

 

I Subhash Chandra Mandal (Caste:Genral) want to purchase a sc/st land in City:Jamshedpur State:Jharkhnd. But i am confused and affraid for future litigation whether to buy or not. If Buy then what will be the correct procedure.

Land History : Land was earlier owned by some (Mr. HO -Caste:SC/ST) and later selled to (Mr. Das-Caste:General) and i will purchase it from Mr.Das.   

Please guide me about  the fact.

Regards

Subhash Mandal

 

 
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Advocate,9444674980

The Supreme Court of India on 20 September 2012 ruled that the land belonging to scheduled castes or tribes cannot be bought by non-dalits, including companies as such transactions are unconstitutional. A bench of justices KS Radhakrishnan and Dipak Misra gave the verdict on an appeal by the Rajasthan government against the state High Court's order holding such a sale to be valid in law.

The Rajasthan High Court had passed its order on an appeal by a private firm against the refusal by the state authorities to recognise or grant mutation to the purchase of a plot by the company from a person belonging to scheduled caste. So please do not try the same.


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Advocate

In my opinion, the land allotted to  the SC/ST community at free of cost by the government cannot be sold for thirty years from the date of allotment but can be inherited by legal heirs of the allottee in the event of death of allottee before 30 years of allotment and the legal heirs can mutate the properties on their names and can sell the same to their community people, subsequent to that the said purchaser can sell it to to general class of person on completion of 30 years from the date of original allotment.  In your case if it was not free allotment land to SC/ST community, then there is nothing wrong in buyiing the land.


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Dear Shri Raghvan Sir,

One of my relative informed me that builder belonging to General Category are buying the land by innovating new modus oprandi. They approch the Khatedar of SC community and ask them to get the land converted into non-agriculture land and thereafter sale to general category is taken place. Kindly refer to the case law quoted wherein it was stated that "A thing which cannot be done directly can not be done indirectly by over-reaching the statutory restriction." It apprears that above modus-oprandi is illegal as it amounts to sale to other category by indirect mode.

Sir, my question is simple whether the sc khatedar can sell his land after it get it converted to non-agriculture. 

Regards

Riya

 
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Sirs,

The land is loacated in the Rajasthan and case cited above is available at http://freelegalconsultancy.blogspot.com/2012/09/whether-transfer-of-land-from-member-of.html

Regards

Riya

 
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