Additional Commissioner Revenue and Others vs Akhalaq Hussain and Another

Bench: 3 — R. Banumathi

In Brief

The Supreme Court upheld that an exchange of agricultural land between non-Scheduled Tribe members and a Scheduled Tribe member violated Section 157-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which imposes a complete bar on transfer of land by Scheduled Tribe members to non-Scheduled Tribe members. The Court held that this prohibition applies to exchanges (not just sales), and that prior permission from the Assistant Collector under Section 161 is mandatory. The High Court erred in holding that statutory protections do not apply to registered deeds with paid stamp duty. The exchange was void ab initio, and land was liable to vest in the State Government.",

The lawyer headnote and full judgment text are available to registered users.

Land Law Property Rights Scheduled Tribes Protection Agricultural Land Transfer of Property Administrative Law Constitutional Law Land Reforms

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.