IMPORTANT POINTS
Raising a plea at the fifth level of scrutiny in the hierarchy of proceedings (before Supreme Court) without any pleading in the appeal is not permissible.
Terms for transfer within the window of five (5) to fifteen (15) years are more rigorous.
The provisions are unambiguous, hence no interpretation is warranted.
Limitation principles would not apply to such cases.
Transaction taking in the restricted period but sale deed executed after that period. Not valid.

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The State Government of Karnataka granted lands to members of the Scheduled Caste and Scheduled Tribe community, free of charge, to assist in their economic empowerment and to provide them with opportunity for self-employment through agriculture, the lands granted being agricultural lands. In the early 1980s, the private respondents No.3 were made beneficiaries of such grants on 12.8.1982, of lands measuring approx. two (2) acres for each of these beneficiaries, numbering eight (8), in Bannikuppe Village, Bidadi Hobli, Ramanagaram, Bangalore Rural District. These grants came with certain restrictions, especially qua transfer, so that the very objective with which the lands have been allotted is not defeated. We are concerned, in the present appeals, with the transfer of these lands to the appellant by all the eight (8) beneficiaries, in August and September, 1997, which were sought to be annulled by the orders of the competent authority, under The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the ‘said Act’).

2. The grants made are on similar terms, and for the present controversy, clause 8 of the grant is material, which puts a condition of non-alienation for a period of fifteen (15) years. This clause appears to be in pursuance of Rule 9(i) of the Karnataka Land Grant Rules, 1969 (hereinafter referred to as the ‘said Rules’), formulated in pursuance of the powers conferred under Section 197 of the Karnataka Land Revenue Act, 1964. The said Rule 9, to the extent applicable on the relevant date, reads as under:

“9. Conditions of Grant:-(1) The grant of lands under these rules (for agricultural purposes) shall be subject to the following conditions namely:-

(i) the grantee shall not alienate the land for a period of fifteen years from the date of taking possession:

Provided that he may, after a period of five years, with the previous permission of, and subject to the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979), and such conditions as may be specified by the Deputy Commissioner, alienate the whole or any portion of such land. But however, the Deputy Commissioner shall not grant such permission unless he is satisfied that the alienation is for the purpose of acquiring other land or for improving the remaining land and the grantee credits to Government an amount equal to fifty percent of the market value of such land as on the date of sanction of such alienation as determined by the Deputy Commissioner:

Provided that no person who has obtained permission to alienate land under the rule shall, notwithstanding the provisions of Rule 4 be eligible for grant of any Government Land."

We may notice that the period of fifteen (15) years in clause (i) stands substituted by the Notification dated 23.4.2005, with effect from 25.4.2005, with twenty-five (25) years, amongst certain other amendments.

3. The appellant purchased the lands from the private respondents vide sale deeds of different dates, but beyond the period of fifteen (15) years. The sale deeds have been executed by the private respondents, in favour of the appellant through their attorney, who is the wife of the appellant herein. The date of the General Power of Attorney (for short ‘GPA’) is stated to be 16.12.1996 (disclosed in pursuance of the order dated 5.4.2019) and the consideration is same for each of the sale deeds, i.e., Rs.4.50 lakhs and all such payments have been made in cash. It may be noted herein itself that the date of the GPA is before the expiry of fifteen (15) years. It is the case of the appellant that these sale deeds were executed after having obtained the permission of the competent authority under Section 4 of the said Act. The said provision reads as under:

“4. Prohibition of transfer of granted lands. – (1) Notwithstanding anything in any law, a