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Civil · Reportable judgment

Shivanna (Dead) through Lrs. vs State of Karnataka & Ors.

Court
Supreme Court of India
Date
25 November 2021
Case No.
Civil Appeal No.6212 of 2013
Result
Allowed
Bench
Sanjay Kishan Kaul, M.M. Sundresh
Citation
[2021] 7 S.C.R. 1105 : 2021 INSC 787
Supreme Court Reports [2021] 7 S.C.R. 1105 : 2021 INSC 787
Headnote

Land Laws – Free grant of land to person from Scheduled Caste community – Such land sold to appellant in violation of Rules under the Mysore Land Revenue Code – Post the transaction, the 1978 Act came into force on 01.01.1979 – Respondent No.4 claims to be the grandson of the original grantee – Neither the original owner, nor his son or the grandson/respondent No.4 laid any claim for the land of appellant for annulment of transfer till 04.10.2000 when an application was filed before the Assistant Commissioner u/s.4 of the Act of 1978 – The Assistant Commissioner passed an order invalidating the sale and seeking to restore the land to respondent No.4 – Propriety – Held: Widest amplitude must be given to protect the rights of the SC/ ST community by construing the enactment (Act of 1978) liberally in their favour to achieve the objective with which it was enacted – But there can be exceptions such as the present case, where despite the clear bar of Rule 43(8) [since the transaction in question was much before the Act of 1978 came into force] an extraordinary time period had elapsed – The transaction took place on 20.12.1971, seven years before the Act of 1978 came into force – Respondent No.4 was born some time in 1967 and thus, would have attained majority around the year 1985 – At that stage at least he was aware and entitled to enforce the rights which he claims were deprived of by transfer of land by a registered document by his grandfather – He did not do so and in fact his father also never did so – It is after a lapse of another 12 years from even his attaining majority that respondent No.4 sought to exercise the rights – The period of delay was 21 years from the date the Act of 1978 came into force and 30 years from the transaction – Inordinate delay cannot be condoned and the period of delay can by no stretch of imagination be said to be reasonable – Resultantly, impugned orders of the Assistant Commissioner set aside – The land would continue to vest with the appellant(s) – Rules under the Mysore Land Revenue Code – Rule 43(8) – Karnataka Scheduled Caste and Scheduled Tribes (Prohibition on Transfer of Certain Lands) Act, 1978 – s.4 – Delay / Laches. Vivek M. Hinduja & Ors. v. M. Ashwatha & Ors. (2020)

14 SCC 228; Nekkanti Rama Lakshmi v. State of

Karnataka & Anr. (2020) 14 SCC 232 – relied on. Smith v. East Elloe Rural District Council (1956) AC

Read the full headnote (1 more paragraph)

736 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following order of the Court was passed : ORDER 1. The Karnataka Scheduled Caste and Scheduled Tribes (Prohibition on Transfer of Certain Lands) Act, 1978 was enacted and brought into force from 01.01.1979 as a measure of amelioration and protection of lands granted to the SC/ST community which was sought to be purchased by third parties depriving the very objective of providing economic empowerment to these communities. So we must begin by recording that the widest amplitude must be given to protect the rights of these communities by construing the enactment liberally in their favour to
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