NDLI: Satyan Vs. Deputy Commissioner & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s. 4 1978 Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act rohibition of transfer of granted lands
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Karnataka Scheduled Castes and Scheduled Tribes (prohibition of Transfer of Certain Lands) Act, 1978 (2 of 1979)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978: s. 4 – Prohibition of transfer of granted lands – The grant put a condition of non-alienation of the granted land for a period of 15 years – The granted land transferred to the appellants by the beneficiaries of the grant, after 15 years of the grant – Application alleging that the sale deeds were illegal as they were executed without prior permission of competent authority – Asstt. Commissioner set aside the sale deeds – Order confirmed by Deputy Commissioner in appeal – Order further confirmed in writ petition and writ appeal by the High Court – Appeal to Supreme Court – Plea of appellants that permission for transfer was not required post the period of 15 years – Held: Appellant throughout having sought to make out a case based on prior permission, cannot take such new plea before Supreme Court – Sub-section (2) of s. 4 puts an absolute ban on transfer after commencement of the Act without prior permission of the Government – Therefore, after a period of 15 years also, prior permission was required – The competent authority had acted within its jurisdiction to nullify the transactions which were contrary to the statutory provisions of s. 4(2) – Delay of 8 years by itself cannot come in the way of the competent authority taking the action, the Act being a beneficial legislation – Karnatka Land Grant Rules, 1969 – r. 9 – Delay/Laches.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2019 INSC 589
Petitioner	Satyan
Respondent	Deputy Commissioner & Ors.
SCR	[2019] 6 S.C.R. 872
Judgement Date	2019-04-30
Case Number	2976

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