AIR 1993 KARNATAKA 188 ::(1993) ILR (Kant) 1589

Karnataka High Court

Hon'ble Judge(s): N. Y. Hanumanthappa , J

(A) Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (2 of 1979) , S.4, S.5(1)(b)— Transfer of Property Act (4 of 1882) , S.51— Transfer of Govt. lands originally granted to weaker Sections - Declared void under provisions of S. 4 of SC/ST Act - Right and title of transferee stands extinguished - Improvements effected by transferee - On eviction, he cannot claim its value under @page-Kant189S. 51, T. P. Act - SC/ST Act of 1978 excludes applicability of T.P. Act. Government Grants Act (15 of 1895) , S.2— Govt. grants - Alienation - Restrictions on.Govt. grants - Transfer of - Rights of transferee - Applicability of provisions of T.P. Act. Where State granted land to weaker Sections of Society imposing a condition of prohibition of alienation and once a declaration is made under S. 4 of SC/ST Act, 1978 that there shall not be transfer of any land granted and any such transfer is null and void such, whatever interest, let alone right or title of the transferee/purchaser of land from original grantee over the land, is deemed to have extinguished. The provisions made in the Act empowers Govt. to resume such lands and restore the same to the original grantees. The transferee having made improvements on the property, on eviction, cannot claim benefit of S. 51 of T.P. Act and have the value of improvement.....