TN law sought to bar sale of SC land

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Follow us:WhatsappFacebookTwitterTelegram.cls-1{fill:#4d4d4d;}.cls-2{fill:#fff;}Google NewsIt is high time the Tamil Nadu government brought in laws to prohibit transfer of land assigned to persons belonging to Scheduled Castes, the Madras High Court has observed. Justice S Manikumar made the observation while dismissing a petition from a mill, which had purchased 0.95 acre from a person belonging to such a community, which was subsequently cancelled by the government.There was total prohibition for alienation of land assigned to an SC to a third party. Any sale or mortgage or gift contrary to the purpose or any other incidental transaction, was not permissible, Justice Mankumar said. The assignee should not alienate by sale or gift or pledge within a period of 10 years from the date of assignment or even beyond that period, even to another SC person, he said.Once it was assigned to an SC beneficiary, it became reserved. In the light of the Supreme Court rulings, it was meant to be permanently possessed and enjoyed by that person only,the court said.Justice Manikumar made it clear that when the assignee himself had no legal right to question the conditions of grant of the land, the subsequent purchaser could not be permitted to contend that he had a better or an absolute right, simply because he had purchased the land.If a person was in unauthorised occupation of land belonging to government or local body and such encroachments were sought to be removed, equally there should not be any discrimination or injustice to a member of the weaker sections of the society, whose lands, others are possessing and enjoying. If the SCs had been deprived of the land by economic exploitation or ignorance or poverty, the land assigned to them should be re-allotted, Justice Manikumar observed.Though Tamil Nadu has been a role model for other states in achieving social justice and for removing inequalities, no law on this subject has been enacted, the judge said and urged the government to enact a law on this issue.The governments in Andhra, Karnataka and Maharashtra had already made such enactments. Hence it is high time the TN government followed suit, Justice Manikumar said.first published:January 01, 1970, 05:30 ISTlast updated:January 01, 1970, 05:30 IST
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It is high time the Tamil Nadu government brought in laws to prohibit transfer of land assigned to persons belonging to Scheduled Castes, the Madras High Court has observed. Justice S Manikumar made the observation while dismissing a petition from a mill, which had purchased 0.95 acre from a person belonging to such a community, which was subsequently cancelled by the government.

There was total prohibition for alienation of land assigned to an SC to a third party. Any sale or mortgage or gift contrary to the purpose or any other incidental transaction, was not permissible, Justice Mankumar said. The assignee should not alienate by sale or gift or pledge within a period of 10 years from the date of assignment or even beyond that period, even to another SC person, he said.

Once it was assigned to an SC beneficiary, it became reserved. In the light of the Supreme Court rulings, it was meant to be permanently possessed and enjoyed by that person only,the court said.

Justice Manikumar made it clear that when the assignee himself had no legal right to question the conditions of grant of the land, the subsequent purchaser could not be permitted to contend that he had a better or an absolute right, simply because he had purchased the land.

If a person was in unauthorised occupation of land belonging to government or local body and such encroachments were sought to be removed, equally there should not be any discrimination or injustice to a member of the weaker sections of the society, whose lands, others are possessing and enjoying. If the SCs had been deprived of the land by economic exploitation or ignorance or poverty, the land assigned to them should be re-allotted, Justice Manikumar observed.

Though Tamil Nadu has been a role model for other states in achieving social justice and for removing inequalities, no law on this subject has been enacted, the judge said and urged the government to enact a law on this issue.

The governments in Andhra, Karnataka and Maharashtra had already made such enactments. Hence it is high time the TN government followed suit, Justice Manikumar said.