VidhiSangh

Supreme Court of India · 03/03/2020

ADDITIONAL COMMISSIONER REVENUE AND versus AKHALAQ HUSSAIN AND ANOTHER

[2020] 2 S.C.R. 1001 · 2020 INSC 256

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Summary

The Supreme Court held void an exchange transferring agricultural land from a Scheduled Tribe member to non-tribal persons. Section 157-B’s prohibition extends to exchange, and registration or payment of stamp duty does not cure the statutory violation. The respondents showed no statutory declaration removing the land from agricultural regulation. The asserted six-year limitation and equitable grounds based on hotel construction and loans did not save the transaction. The State’s appeal was allowed.

Issues

  1. Whether Section 157-B prohibited the exchange despite registration and stamp duty.
  2. Whether the claimed non-agricultural use, limitation or equitable considerations protected the transaction.

Provisions considered

Held

Result

State’s appeal allowed and High Court judgment set aside; appellants left at liberty to proceed in accordance with law.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 1001.