KALIYAMMA & ORS versus DEPUTY COMMISSIONER CHITRADURGA, DISTT. & ORS.

KALIYAMMA & ORS versus DEPUTY COMMISSIONER CHITRADURGA, DISTT. & ORS.

Alienation of granted land before the expiry of the stipulated non-alienable period is void and results in the land vesting with the Government, regardless of subsequent transfers and irrespective of claims of adverse possession where relevant statutes apply.

Parties
Appellants: Kaliyamma & Ors.; Respondents: Deputy Commissioner Chitradurga, Distt. & Ors.
Jurisdiction
India
Judgment Date
03 January 2008
Procedural Posture
Civil Appeal / Final Supreme Court Appeal From High Court Judgment and Order
Outcome
Appeals dismissed.
Legal Topics
Grant of Land, Alienation of Land During Non Alienable Period, Karnataka Scheduled Castes and Scheduled Tribes (prohibition of Transfer of Certain Lands) Act, 1979, Vesting of Land in Government
Land Law Administrative Law Grant of Land Alienation of Land During Non Alienable Period Karnataka Scheduled Castes and Scheduled Tribes (prohibition of Transfer of Certain Lands) Act, 1979 Vesting of Land in Government

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Parties

Kaliyamma & Ors.

Appellants

Deputy Commissioner Chitradurga, Distt. & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Supreme Court Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether alienation of granted land during the non-alienable period vests the land in the Government under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1979
  2. 2 Whether appellants acquired title by adverse possession due to their possession over 12 years
  3. 3 Whether the land grant was under the general or depressed class category, affecting the period of inalienability

Ratio Decidendi

Alienation of granted land before the expiry of the stipulated non-alienable period is void and results in the land vesting with the Government, regardless of subsequent transfers and irrespective of claims of adverse possession where relevant statutes apply.

Court Disposition

Appeals dismissed.

Orders

  • Appeals are without merit and dismissed.
  • No order as to costs.