VidhiSangh

Supreme Court of India · 30/04/2019

SATYAN versus DEPUTY COMMISSIONER & ORS.

[2019] 6 S.C.R. 872 · 2019 INSC 589

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Summary

Transfer of granted SC/ST land after commencement of the Karnataka protective Act required prior government permission even after expiry of the grant’s fifteen-year non-alienation period. The statutory prohibition operated independently of the grant conditions and land-grant rules. Concurrent findings rejected the claimed permissions as fabricated; criminal proceedings on that issue remained pending. An eight-year interval did not defeat restoration on these facts. The purchaser’s appeals were dismissed.

Issues

  1. Whether government permission remained necessary after the grant’s fifteen-year restriction expired.
  2. Whether the eight-year interval barred action against these transfers.
  3. Whether the purchaser could replace his permission-based case with an unpleaded no-permission-needed case.

Provisions considered

Held

Result

Appeals dismissed; parties to bear their own costs. Orders nullifying the unapproved transfers and restoring the lands to the original grantees left undisturbed.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 872.