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Supreme Court of India 2020-03-03 allowed

ADDITIONAL COMMISSIONER REVENUE AND OTHERS vs AKHALAQ HUSSAIN AND ANOTHER

Bench: 3 — R. Banumathi, S. Abdul Nazeer, A.S. Bopanna

In Brief

A Scheduled Tribe member (Mangal Singh) exchanged agricultural land with non-tribal respondents by a registered deed in 1994. When authorities discovered the exchange, they declared it void under the U.P. Zamindari Abolition and Land Reforms Act, 1950, which absolutely bars Scheduled Tribes from transferring land to non-tribal persons. The High Court quashed these orders, holding that permission under the Act was unnecessary for registered exchanges. The Supreme Court reversed this, holding that Section 157-B imposes a complete, unconditional bar on all transfers (including exchanges) by Scheduled Tribes to non-tribal persons, and prior permission under Section 161 is mandatory. The Court set aside the High Court order and allowed the appeal, ordering the land vested in the State to protect Scheduled Tribes' constitutional rights and the Act's protective purpose.

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Land Laws Agricultural Law Scheduled Tribes Property Transfer Constitutional Protection U.P. Zamindari Abolition and Land Reforms Act Administrative Law Statutory Interpretation

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