MANCHEGOWDA ETC. versus STATE OF KARNATAKA ETC.

COURT REP l'S . [1984] s.c.ll. . .

p. 508

AMARENORA NATH SEN, J. The question for 'considera.tiQn _in Civi!'Appeal No. 3116 of 1983 by certificate grahted by tile High Court is, whe"ther the Karnataka Sched11led Castes and Seheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the Act for the sake of b.revity) is constitutionally valid or not.

p. 508

The writ petition oµt of which this· appeal arises was filed in the High Court along with a number of other writ petitions filed ·by various other parties challenging the validity . of th~ Act. The High C~urt for reasqns recorded in the judgment nph~fd. the validity of the Act and dismissed this ·writ petition _and also the other writ 'petitions: The High Court granted certificate ilnder Arts.)32 and 133 of the C6nstitution an1 this appeal has' been~ filed with the certificate granted by the High Court. As 'the identical question is involved in all these appeals and special leave petitions, this judgment will also di~pose of all the appeals· and special leave petitions. . ·

p. 508

In as _much as. the vires ~f the Act has been challenged ess'entially on legal grounds, it docs not' become necessary for' to set out the facts at any great length. The broad facts cominon to: all wri_t petitions which were filed in the High Court may, however, be briefly noted. The· Petiiioners are purchasers .of lands which bad been originally granted. by the State to persons . · belonging to Scheduled Castes or Scheduled ._Tribes. Such lands had been originally granted . to persons belonging to Scheduled Castes and Scheduled Tribes under the :provisions of Law ot on '.the • basis of rules or regulations governing such grafit. After the passing of the .Act _in question notices hav~ been issued b;,"the appropriate authority to the _transferees of ·such lands to llhow cause as to why the lands transferred to then should not be resumed for being restored to the original grantees -or their legal heirs or for disiribution otherwise to the members of Scheduled Castes and Scheduled Tribes in accordance with the provisions of · the Statute, as the transfers in their favour are in view of.th.e provisions of the Act nqw null and void.

p. 508

Before we proceed to deal with the various -contentions railed 'n behalf of the· a:ppellant and the other petitioners in the other writ pejjtions, .it would be appropriate to set 0ut the relevant provisions of the A ct. - ·

p. 508, margin E

Granted land is defin~d in · S. ~(b) of the mean "any land iiranted by the Government to a, person 'belonging to any of the Scheduled Castes or the Scheduled Tribes and includes land allotted or granted to such person under the relevant law for the time being in force relating to agrarian reforms or land ceiling or abolition of Inams, other than that relating to hereditary offices or rights and the word "granted shall be construed· accordingly".

pp. 508–509, margin E

Sections 4 and 5 of the Act read as follows_: . "S. 4. Prohibition. of transfer of granted land-(1) Notwithstanding anything in ·any law, agreement, contract or instrument, any· transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law ,,roviding for such grant, or sub-section (21 shall. he. null · and void and no right, title or interest in such land shall he conveyed or be deemed ever to have conveyed by such transfer.

p. 509, margin A

(2) 'No person shall, after jbe commencement of this Act, transfer or acquire by transfer any granted land without the previous permission' of the Government.

p. 509, margin C

(3) The provisions of suh'section (I) and (2) ·shall . apply also to the sale of any land in execution qf a decree or order of a civil Court or any award or order. of any other authority.

p. 509, margin D

S. 5. Resumption or restitution of granted lan_ds . (1) Where, on application by any interesed person or on information given in writing by any per;on or su'o motu, and after such enquiry as he deems necessary, the Assistant Commissioner is satisfied that the transfer of any granted land is null and void under sub-section ·(I) of Section 4, he may.-

p. 509, margin D

(a') by order . take possession of such land after · evicting all persons in possession °thereof in such manner as may be prescribed :

p. 509, margin D

Provided that no such order shall be made except after giving the person affected a reasonable opportunity · of being heard .;

p. 509, margin D

(b) restore such land to the original grantee or his legal heir. Where it is not reasonably practicable to restore the land to such grantee or legal heir, such land shall be deemed, to have vested in the government free fr<;>m all enum~rances, The Government may grant sue~ .land io a person belonging to any of the Scheduled Castes or Scheduled Tribes in accordance with therules relating to grant of land. ·

pp. 509–510, margin D

(2) Any order passed" under sub-section (I) shall be finai"and shall not be questioned in any court of law and no injunction .shall be granted by any court in res{lect of ·any proce'eding taken or about to be taken by the Assis· tant Commis.Sioner· in_ purswmce of any power conferr.ed

p. 510

by or under this Act. ' (3) For the purposes of this sectio11, where any gran· ted land is in the possession ofa person, other than the original grantee or bis .legal heir, it shall be presume<>, until _ihe contrary is proved, that such person has acquired the land by a transfer which is null and void under the provisions of sub:section (!). of section 4.

p. 510

Th~ valiility of the Act has been challenged mainly because of the provisio11s contained in ss. 4 and 5 of the Act which purport to declare transfers of 'granteq land.' made either before or after · the commencement of the Act in contravention of the terms of. the grant of such.land or the'law providing for such grant null and void and confer powers on the authority to take .possession of such land after evicting all' persons in possession thereof and to restore . such lands to the orfginal grantee or his legal heirs and where it is not reasonably practicable lo so re~tore the land to a person belonging to the Schedule.ct Castes o"r Scheduled Tribes in accordance with the rules relating to the grant bf such land. It may be noted that the validity of the Act in so. far as it· imposes prohibition on transfer of granted land after the commencement of the Act has not been challenged and the principal o~jection to the validity of the Act is taken because of the provisions in th~ Act seeking to nullify the tranfers of granted lands• effected before the commencement of the Act.

p. 510

The main grounds on which the validity of the Act has been . challenged are :

p. 510, margin F

L Granted lands which had been transferred by the gran~e in contravention of the prohibition ·imposed on the transfer of any granted land under the terms of the grant, under the" rules relating to such grant or under anY law governing such grant, renders the tran.sfer voidable and not void and it is not permissible to nullify such transfers and tq ~~clare the111- ~ void by any provisions of the Act;

p. 510, margin F

2. The _power conferred on the authority to recover · possession of the granted land on the basis ·of the provisions contained in the Act defeating the vested rights of ,the purchasers who have acquired such lands bona fide for consideration and have been in enjoyment and possession thereof for years is unconscion-

p. 511

able unjust and invalid :

p. 511, margin B

3. · Ss. 4 and 5 of the Act which empower the authority to· take ·possession bf the granted lands without payment of any compensation · are violative of Art. 19(l)(f) of the Constitution. Ss. 4 and 5 of the Act contravene Art. 31 and the. second proviso of cl. (I) of Art. 3.IA of the Consti-

p. 511, margin B

tution· and are, therefore, void.

p. 511, margin C

5. Invalidation of tra)lsfers of land granted to persons .belonging. to only scheduled castes and scheduled tribes and resumption of only such granted lands are discriminatory and they infringe Art. 14 of the

p. 511, margin C

Constitution.

p. 511, margin C

It may be qoted that these very grounds were urged before the High Court. . The High Court hls carefully considered all the · arguments advanced on behalf of the appellants who were the petitioners in the writ petitions filed before it. The High Court in its judgment has referred to the relevant rules governing the grant and . has also discussed the v_arious decisions w1!ich were cited before it. The High Court for reasons stated in tlie jugdment negatived all the·contentions and upheld the validity of the Act. We may mention that in addition to the aforesaid grounds a further ground has a!so been .mgefi;,before us and the said ground is that as the ·Act m queshon does not provide for an appeal against the order of th_e competent authority, the Act should be held to. be unreasonable,. ·unjust and unconscionable and should, therefore, be struck down .

p. 511, margin E

. Before w~ proceed to examine the contentions .. iaisecl before us, it will be appropriate to refer to the objects and reasons for the passing of th'is p'articular ena1;tment. The objects and reason~ flUl as follows ;

p. 511, margin G

--~------ 512 - .. .:. [1:9S4j 3 •.

p. 512

"The non-alienatioO: cla~s·e contained in the exis.: • .. Land Grant Rules and the provisions for conc~IE:tion .;, . ' grants where the land fs .alienated in ccntravcnfa n of the above ·said pr?vision: are found not su.flicient tc} help

p. 512

. 'the 'Scheduled Castes and Scheduled Tribes grantees. · · '·· ·whose. ignorance and poverty. _hav.e been expioite.d by·· persons. belon'ging_ to the afilucnt and powerful· section·s · · · to.obtain ·sales or mortgages either for· a. nominal consi-· deration or for· no consideraiion ·at all and ·.they have · become the-victims of circumstances .. _ To.fulfill ·the pur- · pose of the grant, the land even i.f it ;iias' been alienated, . should be-restored to the origin_al grantee. or his heirs.

p. 512

.. . . Th~ Government .of ·India bas·· al;o bee~ urgi~g the

p. 512

State Governirlent .for enactipg _.alegislation to prevent ... alienation oflands granted to Scheduled Castes and Sche- . ·. duled Tribe~ by .Government orithe_ lines ofthe'model. · legislation ·prepared by· and cjrciilated to .the . State GoverD.ment". · · '· ·

p. 512

- It is no doubt trl.le that before th~ passing of . the prese~t A~t · ·any transfer of granted land iii brea~h of the co~ditfon relating to . prohibition on such transfe~ would not. have the "effect of rendering the transfer 'void and would make any. such transfer only voidable. . . The present.Act seeks to introduce a change in the legal position ... The prohibition oi;. transfer.of granted land h~d been imposed by · · law, rules or. regulations ' governing'. such grant or_ by -the terms .. of the grant ... The relevant provisions · imposing such· P!ohibition : by rules, 'reguldions and laws have been. referred to in the judg-

p. 512, margin D

ment ~f the High Court; 1( is quite clear that the ~cindition , regarding proh}bition of transfer of· grantee! land had been intro-· .. du_ced iri the interest of the grantees for the purposes of upkeep of the grants a_nd for preventing the economically dominant sections of. ·_·.the coinniunity from depriving the grantees wlio belong to the w~ak.er sections o(the people"oftheir enjoyment and po'ssessiori of these Ian_ds and for sa(egua~ding their interests against any exploitation by the richer 'sections in regard to .the . enjoyment. an~ .possession of these . lands granted essentially ·for their . benefit, As· the Statement of Objects ·and Reasons indicates, · this rrohibition oi:i 'transfer of . gianted ; iand has noi . proved· to l:e a sufficiently strong . safe-. . guard in t!ie matter of preserving grants in the hands of the grante~·

p. 512, margin E

•• .• ·' .be!on;;ing b t!{e Scheduied Castes and.' Scheduled Tribes ; and .in '!iolation of the prohibition on . t~ansfer of the granted land, irans~. fers of such lands on a large scale · to the serious detriment of the interests of these ·poorer sections of the people belonging to the . Scheduled Castes and Sch~duled Tribes had taken pface. In view · ofthis unfortunate. experience the Legislaiure in its wisqom and . in pursuance of its declared policy of· safeguarding, protecting and · improving the conditions of these w·eaker . sections of the commu- . nity;tho'ught it fit to bring about this. change in the !egalposition · by providing that any such .. transfer. except in ierms of the provisions of the Act will be null . and ·void and not merely voidable •. Th~ Legislature no ·doubt is perfectly competent in pursuance of· the aforesaid policy to provide· that such transactions will be nulr and void and nofmer~ly voidable. :Even· undei the Contract Act any contract which is opposed to' public policy. in rendered void. The State,consistently with .the· directive princjples cf.the <;:onsti: tution, has made it a policy. and. very rightly, to Neserve, protect arid promote the interests of the Scheduled Castes and Scheduled . '.Tribes which by and large form the: weaker .and poorer sectio~s of the people in our country. ·This may be said .to be the de~lared policy of the State·.· and the. provision . seeking to nullify . such transfers is ·quite in keeping with the policy ·of the State which may. properly be regarded as public policy. for . rendering social and economic justice to these weaker sections of the soCiety. · · . .. .·' .

pp. 512–513, margin E

in pursu~rice of this policy, the· Legislature is undoubtedly . · competent to pass. an enactment providing thattransfers of such granted lands will be void. and ·not merely voidable for properly

p. 513, margin E

safegiiarding and protecting the foter~sis of the Scheduled Castes ··and Scheduled Tribes for whose benefit only these lands had be~n gtanted; ·,Even in the. absence of any such .statutory provisions, the· ·transfer cir granted lands in contravention of the terms of the· grant . or in breach of any law, rule or regulation c·overing such grant will ·clearly be voidable and the resum.ption of such granted lands .after . avoiding the voidable transfers in accordance with.' law . will be· ··permitted. Avoidance oC:such voidable transfers and resumption · cf the• gr~nted lands. ih;o~gh process of_ law is boUnd to take·_tim~.

p. 513, margin F

Any negligen.ce and delay on· the part of the authorities entitled to. ··take action to ·avoid such transfers through appropriate legal process for resumption of such grant may be further ·impediments in the 111atter'of llVOiding such ttansfers and· rernrnption ofpossessfon of .- .

pp. 513–514, margin G

[1984] 3 the granted lands. ·Prolonged iega\ proceedings wii1-u~doubtedly be prejudicial to the foterests ·of ,th·.; members or' the Scheduled

p. 514

Caste and Scheduled Tribe for whose.benefit the granfod .lands are.· . . · intended to be resumed. As-transfers of granted lands in contravention of the terms of the grant or any law, regulation :or rule governing such grants car{ be legally avoided and possession of such lands can be recovered through process oflaw, it must be hel_d tliat · · . the .Legislature i'or the purpose of avoiding delay. and hairassment . of. protracted litigation and .in furthering its object of speedy res·toration· of tliese granted lands to the members · of the weaker ..:ommunities is perfectly: ~cimpetent to.make .suitabl~ provision for ·resumption of su~h granted lands by.· stipulatiqg fo- the enactment that transfers of such'. land$ i~ . contravention of the .terms of the . grant or any regulation, rule or. law regulating such' grant will be vo_id and· in. providing. a suitable. procedure consistent with the principles of natural justice for achieving this purpose' without ·· . recourse to prolonged litigation .iri Court in· the' larger interests of benefiting tlie members ·of . the Scheduled Castes: and Scheduled 'Tdbes. '·· .·

p. 514

... . , . We iny note that the cowpetence',of the legislature to declare any transfer of granted land in contravention of the terms. of grant '.· of snch land ii~ any rule; regulation or law providing for sucbgra nt . or without ihe previous permission of the _Government iii case I '· of transfers after the pass.ing. of .the Act bas not been .seriously disputed and cannot possibl.Y be disputed. . . . .

p. 514, margin D

·;. What h~s been str~ngly urged before us ii that'the.provisions corttained in s. 4 in. so far as the 'same seek to nullify transfers effected before the Act had coine into force, are invalid. · ...

p. 514, margin E

. Any person who a~quires such grant~d lalld by ira~sfer fro~ 'the original grantee in breach of the condition ~elating to prohibiti on bn such transfer musi nec~~sarily be . presumed 'to be: aware of . the prohibition imposed on the transfer of sucli granted land. Any- .bcdy who acquires· such' granted . land ,in ; contra-verition . o(the prohibition relating to transfer of such': granted land cannot be ' . considered to be a bona fide purchaser for . value: and·. every such. transferee acquires to his knowledge· "niy . a voidable title fo the . granted land;' . The title a~quired' by such tr~nsfer is defeasible. and . . is liable to. be defeated by an appropriate. action taken in thfa 'regard; · If the Legislat~re >under'· ~uch ~ircullistarices ·seek· to · · intervene· in the interests of these weaker sections of the cc;>mmunity, ·and choose to substitute a speedier and cheaper .method of recovery of these granted' lands which were otherwise liable to be l'esmned through leg_al process, it cannot, in our opinion, be said that any vested rig.hts of the transferees .are affected. Transferees of.granted l~nds with full kno"lledge of the legal position that the transfers made in .their favour 'in contravention of th.e terms of grant· or any law, rule or regulation .governing suoh grant are liable to be defeated in law, cannot and do not have in law .or equity, a genuine or real grievance that their defeasible title in such granted lands so transferred is, in fact, being defeated and they are being dispossessed of such lands from which they were in .law liable to be dispossessed by process of law. The position will however, be somewhat different where the transferees have acquired such granted lands nQt in violation 'of any term of th~ grant or any law · regulating such grant as also where any transfer~e who may h.ave acquired a defeasible title in such · graated lands by tjie transfer ther~of in contravention of the terms of the grant or any law regulating such grant has perfected his title by j1rescription oftime or otherwise. We shall consider such cases later on. But where the transferee acquire~ only a de(easible title liable to be defeated in accorclanee with law, avoidance of such defeasible title iwhich still : remains liable to be defeated in accordance . with law at the date of commencement of the Act and recovery of possession of such grante.d Jarid on the basis of the provisions contained in s. 4 ands 5 of the Act.cannot be said to be constitutionally invalid and such a provision cannot be termed as unconscionable, unjust ·and arbitrary. The first two contention ra-ised on behalf of the petitioners are, therefore, over-ruled. ·

pp. 514–515, margin E

The next contention ·that Ss. 4 and 5 of the Act empowering the authority to take possession. of the granted lands without · payment of any compensation are violative of Art. 19(1)(f) of the Constitution is without.any merii. Art . .19(1)(f) which was in force at the relevant time provided that all dtizens shall have the right "to acquire, holcl and dispose of property."

p. 515, margin F

Granted lands were intended for the benefit and enjoyment of the original grantees who happen to belong to the Scheduled Castes and Scheduled Tribes. At the time of the grant, a condition had been imposed for protecting the interests of the miginal grantees in th~ granted lands by restricting the transfer of the same. The condition regarding the prohibitiop on transfer of such granted )ands for a.specified per(ql),.w:1s i~posed b~ virtue of the specific

p. 515, margin G

.. 516. (1984] 3 . 'term in the grant itself or by r'eas~n of any law, rule o;· regulation governing such g;ant. It' ·was undoulitedly ·open to ihe grantor. at · ·

p. 516

the time of granting lands. to. the original grantees to stipulate stich · . a condition the ·condition being· a term of the grant itself, and the condition was imposed in· the interests of the grantee; Except on the basis of such a condition the granicir might not have made any . .such grant at all ... The condition iin!losed against the transfer fora . · particular. ·period of such granted·· lands which were gra~ted essentially for the benefit of the grantees cannot be said 'ta · 'constitute ,any unreasonable restriction. The .granted lands.were . not in the nature of properties acquired and held by the grantees in . the sense o(acqi;isition~ or holding of property within ·the ineaning · of Art. 19(1)(£) of the Constitution. It was a case of a grant by the owner .of the land to the grantee for the possession and enjoyment of the granted lands by the grantees and the 'prohibition on transfer of such granted lands for the specified.· period was an essential term or cpndition on the basis of· which the grant was made. It has to " be pointea out that the prohibition on transfer was pot for ·aii· ·indefinite period oi perpetual. It was onlyfor a particuiar period, . the object being that .the graniees should enjoy the granted Jaiids · · themseI-.es at least~for the period during which the. prohibition was · tci remain operative .. Experienc'e had shown that persons'belonging to scheduled° castes and scheduled ·tribes· to v.hom the lands were granted were: because 'or their' poverty' lack of. e'ducation ·arid. general backwardness, exploited by various persons 'who. cou14' and would. take advanlage .of the sad plight. of these poqr persons for. depriving them of their lands. The imposition of the condition of . prohibition on transfer for a particular period could.not; therefore, . . be considered• to. constitute .any unreasonable restriction on' the ·right of the grantees tci :dispose of the granted )ands. The impositio~· -of such' a condition on prohibltion in the·very nature of the grant· . was perfectly valid andolegal. · ·

p. 516, margin A

·.Th~ transferees of th·; granted· ,lands from the origi~ai.:· grantees, acquired the ·lands improperly _and illegally in. conttavention of. the conditio.n imposed - on such _transfers. ·Such transfe;ees must have been aware and must in any event be deemed· to have been aware of the· condition . regarding the prqhi\>itioli on · : transfer and they can~oi be consider~d to be bona fide ·transferees . · · for value. Such persons· acquired , in the granted• lands only a r voidable .title which was liable to be. defeated. and possession of such lands could be resumed from such trnrisfer~es. Such.a person ·.who only acquires a defeasible leg; I right cannqt II1a~e a. grievanc~

p. 516, margin F

v. (A.N. Sen, J.J 511 of any. violation •of Art. 19( I )(f) of the Constitution, when the defeasible ·legal right is, in fact, defeated by appropriate legal action or by any suitable - provision enacted in an Act . passed by the competent legislature. .It· may further be noted ·that in most cases such transferees have after the trans(fr, whichis liable to be avoided· in accordance with law,· enjoyed for a :Sufficiently long period. the benefits of lands transferred to them before the fands could be recovered from them. Art. 19(1J(f), therefore, did not invalidate S. 4 of tlie Act.

p. 517

We have earli~r noticed that the title which is acquired by by a transferee in the t;ranted lands, transferred ill contravention of the prohibition against the transfer of the granted. lands, is a voidable.title which in law is liable to be defeated through appropriate· action and possession of ;uch gra11ted lands transferred in. breach of the condition of prohibition· could be recovered by the grantor. The right or. property which a transferee acquires in the granted lands, is .a defeasible right and the .transferee renders. himself liable to lose his right or prnperty ·at the instance of the granior, We have further ob.served that by the enactment of this Act and particularly s, 4 ands. 5 thereof the Legislature is seeking to defeat the defeasible right o"f the transferee in such lands without the process of. a prolonged legal action with a view fo · speedy resumption of such granted lands for. distribution thereof the" otiginal grantee or their legal representatives and in their absence to other members of the Scheduled.Castes and Scheduled Tribes Communities. Jn our opinion; this ·kind of defeasible right of .the transferee in the granted lands cannot be considered to be property as contell1plated in Art. 31 and 31-A .. The nature of the right of the transferee in ·the granted land on transf~r of such lands. in breach of the ~ondit.ion of prohibition relating to such transfer, the object of such grant and the terms thereof, also the. !'aw governing such grants and the objeet and the scheme of the present .Act. enacted for the benefit of weaker sections of our community, clearly .go to indicate that there is in this case nO" deprivation of ·such right or property as may attract. tlie provisions of Arts. 31 and .3·1-A of the Constitution.

p. 517, margin B

In the case of Amar Singh v.. Custodian, Evacuee Property, Punjabl'l, this ~ourt while considering the provisions of A.dministratipn of Evacuee Property Act 1950 (XXXI of 1950) and the nature of right in the property allotted to a quasi-permanent (I) (1951) S,C.R, 801 Sl8 SU~REME COURT (1984) ~ S.<;.R. iillottee held that the interests of a quasi-permanenl allottee did not constitute' property within the meaning of Art. 19(1)(f), ~l (I) and 31(2) of the Constitution. .This Court observed at p. 834:

pp. 517–518, margin G

"Learned counsel for' tM Petitioners has strenuosly urged . that .under the quasi-parmanent allotment scheme . the allottee is entitled to a right to possession within the limits' of the relevant notification and that such right to possession is itself 'property'. That may .be so in. a sense. But it does not affect th.e ·question whether it is property so as to attract the protection of fu11damental rights under .\he Constitution. If the tot~lity of the bundle of rights of the quasi-permanent allottee in the evacuee land constituting an interest in such land, is not· property entitled fo protection of fundamental rights, mere posses&ion.ofthe land by virtue of 'such interest is not on any higher footing"._ ·

p. 518

With the enactment of the Act, · vpidable right or the t.itle of the transferee in the granted lands· becomes· void and . the transferee is left with 110 right or property· in .the granted lands. The lands which are sought to be .recovered from the transferees · of the granted lands are lands in . which ·the transferees cease to 'have any interest or property. The effect of the provisions contained in Ss. 4 and 5 of the Act is that the defeasible right or interest of the transferees in the granted lands is defeated and .the voidable transaction is rende.red void. We have earliar held that it is c)e;rly open op·en to . the Legislature to declare void the t·ransfers of granted lands in . contravention ·of the condition of prohibition tra.1sfer. As soon as snch transfers are rend~red void by virtue of the provisions of the Act, ~he : transferee does not h.ave any right. in· the granted lands so 'tansferred, and possession . is souiht to be recovered of. such lands· in which the transferees hav! lost-their rigb.t ,ind interest Therefore, · the question of acquisition of· any property by the State or any : modification or extinguishment of right of property does not. really arise and Art. 31-A cannot be applied. We are, the.refore, of the opinion that there is· no infringement of-Ar.t' 31 and Art.· Sl·A of the Constitution. We may further observe that this .aspect has been carefully and: elaborately eonsidered by the learned Judges of the High Court while holding thµt Arts. 31 and 31-A !Ire not violated. • ·

p. 518, margin D

(A,N. Sen, J.) ' 519

p. 519

The next contention urged is that Ss. 4 and 5 of the Act, are violative of Art. 14 of the Constitution inasmuch as these sections make special provisi~ns only with regard to S~heduled Castes and Schedul.ed Tribes to the _exclu<ion of ·persons belonging to 'other. Comi;nunities. This Act has undo,pbtedly been passed for the benefit of membersof the Schedu!fd Castes and Scheduled Tribes who. are recognised as backward cifo:ens and weaker.sections in the country.· There cannot be any manner of doubt that persons belonging to Scheduled Castesand Schedulea 'tribes· can be considered to be separate_ and distinct classes particularly in the matter of preservation and protectien:. of their economic and educational interests. In view of the peculiar plight of these two classes, the Constitution in Art. ·15(4) make.s specific meritio.n of t!iese two classes and in Aft . 16(4) speaks of backward class of citizens. One of the directive priiJ.Ciples as contained in Art. 46 of the Constitution enjoins ihat. "the State shall promote with specbl care the educational and economic interests of the weaker sections of the· people and in particular ofthe Scheduled Castes and Schedu.led Tribes· and shall protect them from social injustice and all forms of exploitation." The object of this Act is to protect and preserve the economic interests of persons belonging to Scheduled Castes and Schetluled _Tribes and to prevent their exploitation. f'or ·the purpose ofthe · preserit ·Act, the classification has clear nexus to the object sought to' be achieved, We are, therefore, of the opini0n, that special provisions made for the resumption of granted , lands; originally ·granted to · the members of Scheduled Castes and Scheduled Tribes and resoration of .the same to the . original grantees or their heirs and legal representatives and failing them ' to· other members of these ·communities do not infringe Art. 14 of the Constitution.

p. 519, margin A

The last contention raised is that the Act should be consider· ed to be unjust and unereasqnable as no provision has been made for any app'eal against the order of the authority concerned. it is true that there was no provision for any appeal in the original Act. · It may be that such a provision was not originally made, as the Legislature might have felt that providings for .an appeal· would unnecessarily prolong the proceedings and might defeat the purpose of. the Act. '1n course of. the hearing, the. learned Counsel for the State had however submitted that in the interest ofjustice a provision regarding appeal would be incorporated ill the Act by an· p ~ropriate amendment of the Act It .has subsequently been brought to our Qotice that by the Karnataka Scheduled Castes an~ .Scheduled Tribes (ProhibitiOn of Transfer of Certain LandSi (Amendment) Act, 1984 (Kar,nr.taka Act 3 of 1984) which received the asseI!t of the Goven1or on. the 29th day ofFebruary, i984 and came ,to be published in the Karniitaka Gazette Extraodina ry on the 3rd of March, .1984, a suitable provision·. for appeal against &n or~er of the Assistant Commissioner has been made in S. 5A which has b•en incorporated by the Amending . Act. We have had some 'doubt whether lack provision for an appeal in an enactment of this. kind would· have infected the Act with the tice of procedural un.reasonableness and would have.~ffected the Constltu• · tional validity of the Act.· As, however, a suitable provision for an.appeal against the order ofthe Assistant Commissioner has been made by the Amending Act, this question does not survive to ·require any further consideration and it d6es not become necessary for us. to make any final pronouncement on it.

pp. 519–520, margin E

Though we have cgme to the conclusion that the Act is valid, Yet, in our opinion, we have to make certain aspects clear. Granted lands which had heel) transferred.after the expiry of the period of prohibition do not come within th.e purview of the Act, and cannot be proceeded against under the provisions of this Act. The provisions of the Act make this position clear, as ss. 4 and 5 become applicable only when granted lands are transferred. in 'breach of the col)dition relating to prohibition. on transfer of such granted lands. Granted lands transferred befote the 'commencement of the Act ~nd not in contravention of prohibition on transfer: are clearly beyond the scope and purview of the present Act .. Also in case where grante~ lands had been transferred before the commencement of the Act in violation ()f the condition regarding prohibition on such transfer and the transferee who had initially acquired. only a voidable title in such granted lands had perfected his ,title in the granted lands by prescription by long .and continuous enjoyment thereof in accordance with law before the commencement of the Act, such granted .lands would also not come within the purview of the present Act, as the title of.snch·transferees· to the granted laqds has been perfected before the commencement of th.e Act. Since at "the .date. ·of the commencement of the Act the title· of.such trans~ ferees had ceased to be voidable by reason of acquisition of prescriptive rights on account of long and continued user for the .. requisite period, the title of such transferees could no.t be renden;d void by virtue of the provisions of the Act without violating the constitutional guarantee. We rims!, therefore, re.ad down the provisions of the Act by holding that the Act will apply to transfers of granted lands made in breach of the condition imposing prohibition on transfer of granted lands only in tl)Ose cases where the title acquired by the transferee was still voidable'at the date of the commencement of the Act and had not lo;t its defeasib!e character at the date. when the Act came into force: Transferees of granted lands having a perfected and not a voidable title at the commencement of the Act must be held .to be outside the pale of the · provisions of the Act. S. 4 of the Act must be so construed. as not to ·have the·. effect ·of rendering void the title of any transf~ree which was hot voidable at the date ohhe commencement of the Act.

pp. 520–521, margin D

We may further observe that as the provision of appeafhas been incorporated by the Amending Ac\ which received the assent of the Governor on the 29th day of l'ebruary, 1.984 and first,came . to be published in the Karnataka Gazette Extraordinary on the 3rd day of March, 1984, the Depuiy Commissioner to whom the appeal will be presented will no doubt take this fact into consi- . deration in deciding the question of !imitation in regard to any appeal which may be filed against an order of the Assistant Commis. sioner; if any •£Peal is preferred within a period of three· months from the date tlic amended provision conferring the right of appeal came into.force, the Deputy Commissioner taking into considera• tion the fact that a period of three months has been prescribed for preferring an appeal from the date of the order» of the Assist.ant Commissioner, may have no difficulty in entertaining the appeal by condoning the delay under S. 5 of the Limitation Act in terms of the power conferred on the Deputy Commissioner under the said Section SA, provided the Dep.uty Commissioner is .satisfied that the appeal is otherwise maintainable and the interest. of justice requires that the appeal sliould be entertained and not be thrown out on the ground of limitation.

p. 521, margin B

With these obser.vations we .dismiss the appeals and the Special Leave Petitions with no order as to costs. .S.R. Appeals & Petitioi1s dismissed ' .

p. 521, margin G