PTCL ACT (the Karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain land) Act, 1978 – whether SC/ST peopl are taking revenge on us?
“Ignorance of law is not an excuse”
No one can take back these words or so… Public would have not heard that, when it comes to PTCL. We are all aware in general, that once the property is purchased for a valuable consideration the vendor cannot ask to return the property as per Indian contract act.
Many of us are not aware that now SC/ST people are selling their properties for a valuable consideration and filing appeal to restore that land once they are done with their sale.
If we need to verify the grant rules, we need to go back and check the Mysore land revenue code, 1888 to till date amendments. Judgments on this rules say that you should not go as per the grant certificate (land revenue grant rules prevails over grant certificate).
As per the land grant rules, there is a prohibition forever and it varies from 10 to 20 years for each year’s amendment, whether our government is expecting us as a public to be aware about this, when many advocates are not even aware about the complete land grant rules, How the public can be aware about this?
I heard many grantees are entering into sale agreement and simultaneously asking their advocate to prepare appeal for restoration of the grant; poor public is losing their hard earned money. In some cases after grantees sell their land they wait for house to come up, so they can get their land along with house.
In one of our case, as per the grant, the land has been sold after 15 years by the depressed class (SC/ST) for valid consideration in the year 1972 i.e after expiry of the 15 years (land was granted in 1939). After selling, they have filed appeal for restoration in the year 1979 as per PTCL but they lost the case in front of Assistant Commissioner on the ground that alienation has happened after 15 years.
After 24 years their grand children had filed writ petition in the high court and high court has condoned the delay of filing appeal and granted order in favor of grantee because even though the land has granted with a condition of 15 years of non-alienation period, the actual non-alienation is forever.
Please note that this appeal is filed after commissioner has granted permission for converting land usage from agriculture land to non agriculture land, also during the proceedings period 60 to 70 people have bought plots in this layout and houses were built with BBMP plan approvals. “People are paying the tax and betterment charges for the land under litigation” and the government is not bothered to inform them during the registration time or at the time of collecting the tax, They are just bothered about the money or income they get.
“How can government provide basic facilities (Electricity, Sanitation, Good Roads etc.,) for the land under litigation and collect the taxes”?
“Government could have intimated the people at any point, rather than put a person in a situation like Hell.”
Several advocates who verified the document, working for different banks could not get a clue regarding the litigation. Once the bank has approved the loan, many people have bought houses in this layout through housing loan scheme.
“When Advocates could not find the difference between the land under litigation, How can you expect a common man to do so”? How ignorance of law is not excuse can be applied here?
Now SC/ST people are well educated and few of them are trying to cheat others and PTCL law is helping them to do this.
In the above case 60 to 70 people, who availed housing loan has to find rented houses and pay the housing loan without property, strictly speaking we will be working as a bonded labours for next 20 years or more (just for dreaming to have a property of our own).
“Rent (For staying) + House loan (For not staying) – How can a common man bear both? When one is difficult to bear ”.
“How sad to know that there is an injustice within the boundary of law”
CAclubindia
