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Shashi   12 March 2024

Ad condition land

I have purchased an AD condition land in Hosur, Tamil Nadu, in the year 2013, without knowing that it's an AD condition land. Now I am trying to sell it but all real estate brokers say that the land is under AD condition. A few agents said that the AD condition will become void after 20 years when there will be no hurdles to sell it. Therefore, please clarify if the 20 years clause is legally correct.
Awaiting your early response,
Shashikala S.


 3 Replies

Kartikey Tiwari   12 March 2024

• AD land restrictions: AD stands for Adi Dravidar, a term used in Tamil Nadu for members of Scheduled Castes (SC). Land designated as AD condition land is allotted to SC members by the government with restrictions. Selling it to someone outside the designated community is generally not allowed.

• 20 year clause: There isn't a universally recognized "20 year clause" for AD land restrictions. The conditions for ownership and transfer of AD land are governed by the Tamil Nadu Adi Dravidar Land Acquisition Act, 1978 Act. This Act doesn't specify a time limit for the restrictions to expire.

• Recommendations: Here are some steps you can take - 

• Review land allotment documents: Check the documents you received when the land was allotted. These documents might outline the specific conditions attached to the land.

• Contact Adi Welfare Department: This department might be able to provide information on the process for getting permission to sell AD land (if possible).


Attached File : 1030918 20240312135557 r venkatachalapathy and anr vs the state of tamil nadu and anr on 12 october 1995.pdf downloaded: 123 times

T. Kalaiselvan, Advocate (Advocate)     13 March 2024

If the land that you purchased was sold to you even before the expiration of time period stipulated as allotment condition. 

So you better have your documents scrutinized by an experienced lawyer and take further decision. 

Nas M   17 February 2025

i think SC and ST can sell after 10 years within same SC/ST community...

https://landreforms.tn.gov.in/GOs/G.O_34.pdf

Example court Order for reference.....

This writ petition has been filed challenging the impugned order dated 18.05.2022 issued by the fifth respondent suspending the petitioner from service.

2. The petitioner has been suspended from service on the ground that as per G.O.Ms.No.34, Revenue and Disaster Management Department, Land Disposal Wing (LD3(1)) Section dated 13.01.2021, only after obtaining a report from the Revenue Tahsildar, Revenue Divisional Officer and approval from the District Collector, the petitioner can issue patta. However, without getting such approvals, the petitioner has issued patta and on that ground the petitioner has been suspended from service.

3. The petitioner contends that as per the Regulations and RSO 21 as well as G.O.Ms.No.34 dated 13.01.2021, the Special Tashildar (ADW) is the https://www.mhc.tn.gov.in/judis authority assigned with duty to issue HSD patta for the SC/ST beneficiaries selected and approved by ADW department in D-Namunas. According to the petitioner, only by following the said procedure, he has issued patta and G.O.Ms.No.34 dated 13.01.2021 does not contemplate any approval from the District Collector. According to the petitioner, excepting for the impugned proceedings, there are no other complaints pending against him.

4. Counter has not been filed by the respondents in this writ petition.

5. Heard Mr.G.Sankaran, learned counsel for the petitioner and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 3 and 5 and Mr.Muthuswami, learned Government Advocate accepts notice on behalf of the fourth respondent. By consent of both the parties, the main writ petition has been taken up for final disposal.

6. G.O.Ms.No.81 Human Resources Management (N) Department dated 04.08.2022 has framed guidelines for revocation/review of the suspension orders.

https://www.mhc.tn.gov.in/judis

7. Learned counsel for the petitioner would submit that the petitioner will be satisfied if the petitioner's request for revocation of the suspension order is considered within a time frame to be fixed by this Court in the light of G.O.Ms.No.81 dated 04.08.2022 referred to supra. He would also submit that while considering the petitioner's request, a direction may be issued to the respondents to consider the petitioner's submission that under G.O.Ms.No.34 dated 13.01.2021, the question of getting approval from the District Collector will not arise.

8. No prejudice would be caused to the respondents if the petitioner is allowed to give a representation seeking for revocation of the impugned suspension order passed against him and on receipt of such representation, if a direction is issued to the respondents to consider the same and pass orders on merits and in accordance with law in the light of G.O.Ms.No.81 dated 04.08.2022 within a time frame to be fixed by this Court.

9. For the foregoing reasons, this Court directs the petitioner to submit a representation to the fifth respondent requesting for revocation of the https://www.mhc.tn.gov.in/judis impugned suspension order dated 18.05.2022 passed by the fifth respondent within a period of one week from the date of receipt of a copy of this order and on receipt of such representation, the fifth respondent shall pass final orders on merits and in accordance with law in the light of G.O.Ms.No.81 Human Resources Management (N) Department dated 04.08.2022 within a period of four weeks thereafter after giving due consideration to the contentions of the petitioner that under G.O.Ms.No.34 dated 13.01.2021, there is no necessity for the petitioner to obtain prior approval from the District Collector for issuance of patta.

10. With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.


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