Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1960 Land Laws Rules 43-G and 43 Mysore Land Revenue (Amendment) Rules Marginal notes Interpretation of Statutes |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Laws: Mysore Land Revenue (Amendment) Rules, 1960-Rules 43-G and 43- J-Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands), Act, 1978 [Act 2 of 1979]-Sections 4, 5 & 11-Landless persons belonging to SCs and STs-Land granted to them under Rule 43-J-Condition restricting alienation of the lands to third parties for a period of 15 years-Validity of-Held, valid-Though Rule 43J does not provide for any such condition, condition restricting alienation as stipulated in Rule 43G is applicable-In any case, any transfer of granted land in contravention of the terms of the grant is rendered null and void by virtue of Section 4 of Act 2 of 1979. Interpretation of Statutes-Marginal notes-Held: Cannot be considered as legitimate aid to construction-High Court erred in interpreting Rule 43G of the 1960 Rules based on its title, since it has got the effect of only marginal notes-Mysore Land Revenue (Amendment) Rules, 1960-Rule 43G. Under the Mysore Land Revenue (Amendment) Rules, 1960, certain lands were granted to members of Scheduled Castes and Scheduled Tribes. Initially, these lands were given to them on temporary lease and later by virtue of Rule 43J of Rules of 1960, these lands were given to them permanently with a restriction that the grantees shall not alienate these lands to third parties for a period of 15 years. The High Court held that if the grant is made under Rule 43J, there could not have been any condition restricting the alienation and if at all there were any such conditions they are null and void, on grounds that conditions restricting alienations are given under clause (4) of Rule 43G and these provisions would apply to grant of lands made under the preceding rules and not apply to Rule 43J which comes after Rule 43G of the Rules of 1960. This view has been taken based on the title/marginal note of Rule 43G. The A High Court was also of the view that under Rule 43J, it is not stated that there shall be any conditions prohibiting alienation. Therefore, the Court held that authorities were not empowered to impose any such conditions. Hence the present appeals by the State and the affected parties. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2005 INSC 306 |
Petitioner | Guntaiah And Ors. |
Respondent | Hambamma And Ors. |
SCR | [2005] Supp. (1) S.C.R. 770 |
Judgement Date | 2005-07-22 |
Case Number | 4308 |
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