NDLI: Additional Commissioner Revenue and Vs. Akhalaq Hussain and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Reforms
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. Zamidari Abolition and Land Reforms Act, 1950 (1 of 1951)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	U.P. Zamindari Abolition and Land Reforms Act, 1950 – ss.157-B, 161, 166, 167 – Respondents entered into an exchange with a member of Scheduled Tribe by way of registered exchange deed – Respondents gave 4½ Muthi of land in return for 12 Nali of agricultural land – Assistant Collector held that the exchange violates s.161(1) and the exchange deed being in violation of provisions of the 1950 Act is void – Respondents filed appeal – Dismissed – Revision petition – Dismissed – Writ petition filed by the respondents – Allowed – Held: s.161 pertains to exchange of land, as per which a bhumidhar may exchange land with another bhumidhar or with any Gaon Sabha or local authority, with the prior permission of an Assistant Collector – Insofar as the land belonging to a member of Scheduled Tribe, exchange is not permissible – Under s.157-B, no bhumidhar or asami belonging to a Scheduled Tribe, shall have the right to transfer by way of “sale, gift, mortgage or lease or otherwise any land to a person not belonging to a Scheduled Tribe” – Language used in s.157-B “or otherwise” emphasizes that the land belonging to a Scheduled Tribe cannot be transferred in any manner whatsoever – Further, in the instant case admittedly, even no prior permission was sought from the Assistant Collector – Also, respondents did not explain as to why a member of Scheduled Tribe wanted to exchange his large extent of land i.e.12 Nali (2400 sq. mtrs.) with a much smaller piece of land i.e. 4½ Muthi (56.25 sq. mtrs.) – This raises doubt about the genuineness of exchange deed strengthened by the fact that respondents’ names were mutated in the land exchanged while that of the member of Scheduled Tribe was not – Since the exchange deed violated s.157-B, the transfer is void u/s.166 – No justification to consider respondents’ request on the basis they are running Hotel on the land – No ground for considering questions of equity – When there is a clear statutory provision barring the transfer, it was not open to the High Court to substitute its view in place of that provision – Such interpretation would defeat the benevolent object of the provisions of the 1950 Act and the constitutional scheme providing for social and economic empowerment of the Scheduled Tribes – Judgment of High Court set aside – Appellants at liberty to proceed in accordance with law – Interpretation of Statutes – Equity – Indian Stamp Act – Article 31 of Schedule 1-B. U.P. Zamindari Abolition and Land Reforms Act, 1950 – s.161 – Exchange of land – Requirement of prior permission u/s.161 – Discussed. U.P. Zamindari Abolition and Land Reforms Act, 1950 – ss.3(14), 143, 144 – Respondents entered into a land exchange with a member of Scheduled Tribe and gave 4½ Muthi of land in return for 12 Nali of agricultural land – Exchange deed was held to be void being in violation of provisions of the 1950 Act – Respondents inter alia pleaded that the land in question is not an “agricultural land” and does not fall within the definition of “land” u/s.3(14) thus, provisions of Chapter VIII of the Act are not applicable – Held: For changing the nature of land from “agricultural” to “abadi”, declaration as stipulated in ss.143 & 144 is required – Respondents did not produce any such document which shows that such declaration was made much less registered – In absence thereof, the land is deemed to be an “agricultural land” as per s.3(14) and the provisions of the 1950 Act are applicable to the land in question. U.P. Zamindari Abolition and Land Reforms Act, 1950 – ss.157-A, 157-B – Restrictions on transfer of land by members of Scheduled Castes vis-a-vis Scheduled Tribe – Discussed.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2020 INSC 256
Petitioner	Additional Commissioner Revenue And
Respondent	Akhalaq Hussain And Another
SCR	[2020] 2 S.C.R. 1001
Judgement Date	2020-03-03
Case Number	7346

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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