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M. I. ARUN
SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD. – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. Respondent No. 5 has been granted a free site by the State under the Ashraya scheme under the provisions of the Karnataka Land Grant Rules, 1969 (for short ‘the Rules’). The said grant is subject to certain conditions as mentioned in the grant order which reads as under:
Further, Rule 9 of the Rules, reads as under:
(1) The grant of lands under these rules for agricultural purposes shall be jointly in the name of husband and wife and shall be subject to the following conditions namely:
(i) the grantee shall not alienate the land for a period of twenty-five 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 (Prohibhition 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
The court affirmed that a mortgage does not constitute alienation under the Karnataka Land Grant Rules, allowing the mortgagee to enforce the mortgage despite a 25-year non-alienation clause.
Government permission for alienation of granted lands is only required during the specified non-alienation period; after this period, no permission is necessary for valid alienation.
The grant of land retained government ownership, with limited rights conferred to the grantee, who remained subject to resumption powers due to violation of conditions.
The 12-year restriction on alienation of assigned land applies from the date of patta issuance, not the original assignment date, due to non-payment of dues.
Point of Law : Prohibition against alienation of the property covered by the Rules has been prescribed for a period of 25 years from the date of registry. Thereafter, in 8(1)(A), it is limpidly provi....
Imposition of penalty must be in accordance with the law, and even a single rupee of penalty cannot be imposed against a citizen except as permitted by law.
Article 300A of the Constitution clearly specifies that no citizen can be deprived of his property, save by authority of law.
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