Applicability of ptcl act.
basavaraj shiromani
(Querist) 03 August 2014
This query is : Resolved
Mr. X who belongs to SC/ST was purchased a land from Y in the year 1971. Thereafter he sold it to non ST/Sc person in the year 2007. After lapse 9 years the same person Mr. X is challanging the said alienation on the grounds that he belongs to SC/ST and permission by the Govt is neceessary for alienation under PTCL Act.
The land in question is not granted land by the Govt. In this case, whether the provisions of PTCL act apply to the alienated land in question ? whether permssion is necessary ?
prabhakar singh
(Expert) 03 August 2014
If land sold falls under definition of PTCL Act,then transfer made without due permission
renders the transfer VOID AB INITIO HENCE ANTIQUITY OF TRANSACTION CAN NOT SUSTAIN AS VALID DEFENSE.
Laxmi Kant Joshi
(Expert) 03 August 2014
according to the act a sc can sell his land to a non sc person only by taking permission from the DM of that district , if he didn't do so then the transfer of land is void .
basavaraj shiromani
(Querist) 03 August 2014
my case is very clear. the land in question is not granted by the govt. Therefore imposing restrictions by the govt does not arise. The PTCL act is not applicable to the present case. in fact there are so many ruling from our own high court
A bare reading of sec 3(1) (b) of the PTCL acdt makes it clear that the land should be granted by teh Govt and such land is to be granted to a person belongs to ST/SC under the relevant law includign agrarian reforms. once the land is held to be granted land, the restrictions contained in sec 4 regarding the apprehension of transfer of land would apply .
only lands granted with restriction on alienation are covered under PTCL act. therefore The person belongs to ST/SC can sell his own proprty which is not granted by the Govt to any one without permission of the Govt as it will not attract PTCL actd provisions. Mr. Prabhakarjee is near to my question.
