In Brief
This case concerns the transfer of land granted by Karnataka to Scheduled Caste and Scheduled Tribe beneficiaries under a scheme intended for economic empowerment. The original grant imposed a 15-year non-alienation clause. The beneficiaries transferred the land to the appellant in 1997, claiming to have obtained prior government permission. Investigation revealed the permission documents were forged. The issue was whether, after 15 years, transfer permission was still required. The Court held that Section 4(2) of the 1978 Protection Act imposes an absolute ban on all transfers without government permission, regardless of whether the grant's non-alienation period has expired. Earlier rules allowing conditional transfers between 5-15 years do not override the statutory bar. The Court distinguished prior precedent narrowly and dismissed the appeal, affirming that government permission is always mandatory to protect the vulnerable community from exploitation.
The lawyer headnote and full judgment text are available to registered users.