Certain Lands) Act 1977
3
(hereinafter referred to as 'the PTCL Act ' for the sake of brevity)
which became operational ... alienation period
would be hit by the provisions of the PTCL Act ". The learned
Single Judge therefore, had no option but to apply
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
Prohibition of Transfer
of Certain Lands) Act, 1978 (in short `the PTCL Act ') who was
pleased to dismiss the application on the erroneous ground ... violation of
the provisions of Sec.4(1) of the PTCL Act; inexplicably
however, instead of striking down the sale, he was pleased to
remand
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
Certain Lands) Act, 1978 (hereinafter referred to
as the ' PTCL Act ' for the sake of brevity) for restoration of
possession of the land ... therefore contrary to Sections 4 and 5 of
the PTCL Act. The Assistant Commissioner applied the
ratio of S.V.Krishnappa vs State of Karnataka
Certain Lands) Act, 1978
(hereinafter referred to as the ' PTCL Act ' for the sake of
brevity) to apply, there must be a Grant ... rights of persons already in occupation. For the provisions
of PTCL Act to get attracted, there must be a Grant by the
State of land
