Certain
Lands) Act, 1978 (hereinafter referred to as 'the PTCL Act ' for the
sake of brevity).
While we deal with the specific facts ... Court has rejected
a
challenge to the constitutional validity of the
PTCL Act and instead
has lauded its objects namely, the alleviat
Certain Lands) Act, 1978 (hereinafter referred to as ' PTCL
Act ' for the sake of brevity), these appeals have been heard
together ... said to continue to be with the grantee.
On 01.01.1979, the PTCL Act was enforced. However, the
purchaser of the land Ganga Naika made
Scheduled Caste and
Scheduled Tribe (Transfer of Certain Lands) Act, 1978 (PTCL Act ) defines
`transfer' as follows:
"3(e) Transfer: means a sale ... legal efficacy merely by reason of the coming into force
of PTCL Act .
4. The Writ Petition was filed after the dismissal in default
Certain Lands)
Act, 1978 (hereinafter referred to as 'the PTCL Act ' for the sake
of brevity), overrides the provisions of the Karnataka Land ... possession of the said
land and hence, the provisions of the PTCL Act was not
applicable as the right of the appellant
Transfer of Certain Lands) Act, 1978 (for short 'the PTCL
Act ') does not apply.
7. On several occasions, we have observed that ... stipulation was that transfer of property was prohibited
forever. The PTCL Act defines 'granted lands' to mean any
land granted by a Government
Scheduled Tribes (Prohibition of Transfer of
Certain Lands) Act, 1978 (' PTCL Act ' for short); the
Assistant Commissioner held, by order dated 30.10.2006,
that ... favour of the Appellant on 13.07.1995 occurred after the
' PTCL Act ' came into force on 01.01.1979. Section 4(2)
ordains that no person
Section 4(2) of the
Karnataka Scheduled Castes & Scheduled Tribes (PTCL)
Act, 1978 (in short `the PTCL Act ') inasmuch as, the sale ... This is after coming into the effect of the PTCL
Act . Section 4 unequivocally states that such transaction
would be held null and void
Certain Lands)
Act, 1978 (hereinafter referred to as the ' PTCL Act ' for the
sake of brevity) inasmuch as the purchaser, Appellant
before ... applied under the PTCL Act for clearance
prior to the purchase.
4
2. It is sought to be contended that there are
precedents
application under
'S;ecti.or1s'4 of the PTCL Act filed before the Assistant
Davanagere, land bearing Sy.No.85/3
measuring ... void under the provisions of PTCL Act .
was also for the reason that the sale/ alienation took
pla'cc':before the PTCL Act
Transfer of Certain Lands) Act, 1978 (hereinafter referred
to as ' PTCL Act '). The Assistant Commissioner allowed the
application and this decision was affirmed ... held
that the second application under Section 5 of the PTCL
Act is not maintainable.
3. We are not in agreement with the approach
