• Karnataka government is violating supreme court order of PTCL cases

Hi I am yogesh from Bangalore supreme court was clearly ordered that in PTCL should file a reasonably limitation time but the Karnataka government is going to violating the supreme court order and they are making amendment for PTCL act how it possible please tell answer
Asked 2 years ago in Property Law
Religion: Hindu

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3 Answers

The Honble Supreme Court in the case of NEKKANTI RAMA LAKSHMI vs. STATE OF KARNATAKA AND ANOTHER reported in 2017 SCC Online SC 1862 has held as hereunder: 8. However, the question that arises is with regard to terms of Section 5 of the Act which enables any interested person to make an application for having the transfer annulled as void under Section 4 of the Act. This Section does not prescribe any period within which such an application can be made. Neither does it prescribe the period within which suo motu action may be taken. This Court in the case of Chhedi Lal Yadav & Ors. vs. Hari Kishore Yadav (D) Thr. Lrs. & Ors., 2017(6) SCALE 459 and also in the case of Ningappa vs. Dy. Commissioner & Ors. (C.A. No. 3131 of 2007, decided on 14.07.2011) reiterated a settled position in law that whether Statute provided for a period of limitation, provisions of the Statute must be invoked within a reasonable time. It is held that action whether on an application of the parties, or suo motu, must be taken within a reasonable time

2) state legislature can amend the law to provide limitation period in PTCL act 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The Karnataka Scheduled Castes and Scheduled Tribes Act, 1978 (Karnataka Act 2 of 1979) or PTCL is a statute of Karnataka

An Act to provide for the prohibition of transfer of certain lands granted by the government, to persons belonging to the scheduled castes and scheduled tribes in the state, which means any land granted to the landless agricultural labourers belonging to scheduled castes and scheduled tribes, cannot be purchased.

Limitations of the Act a) Land cannot be sold without permission from Govt. within 15 years b) Most grantees sell the land immediately on receiving the granted land. This is officially registered as a Sale of Property by the Govt. of Karnataka.The Transfer of Property Act 1882 c) The original grantee or his heirs can claim the land back after 100 years even if land has changed hands officially through Registered Sale Deeds a number of times. Strangely The Limitation Act Does not apply to this law. Supreme Court has since ordered reasonable Limitation as referered in Nekkanti Rama Lakshmi vs State Of Karnataka on 26 October 2017  and other cases. e) This law is retrospective in nature Ex post facto.

The PTCL Act aimed to ensure restoration of granted land (to dalits and tribes) unlawfully transferred by members of dominant castes. 

Now you first of all analyse your problem and seek solution to the problems you are facing as per law.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Govt can make amendment and change law and overturn SC judgement 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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