VINEET SARAN, F. I. REBELLO
SUMAN CHAUHAN – Appellant
Versus
UNION OF INDIA – Respondent
Key Points: - The Collector's prior approval is mandatory under Section 157-A for transfers by Bhumidhar/Asami from Scheduled Castes to non-Scheduled Castes; absence of such approval affects eligibility (p_8, p_14) (!) (!) - A lease deed executed without prior Collector approval cannot be treated as valid transfer under Section 157-A for purposes of land/land infrastructure scoring (p_13, p_14) (!) (!) - The case held that lease of land belonging to a Scheduled Caste person to a non-Scheduled Caste without Collector approval is not permissible, affecting eligibility in the IOC retail outlet advertisement (p_7, p_9, p_14) (!) (!) (!) - The judgment clarifies that Section 157-A applies to transfer by sale, gift, mortgage, or lease, not limited to agricultural land, requiring prior Collector approval (p_8, p_11) (!) (!) - The petition was dismissed; no interference due to lack of required approval (p_15) (!)
By the Court.—Heard Sri H.N. Singh for the petitioner and Sri Prakash Padia for the contesting respondents.
2. The petitioner was one of the applicants for a retail outlet in response to an advertisement issued by the Indian Oil Corporation on 11.9.2009. The petitioner, in support of having land, forwarded a copy of a registered lease deed in respect of area 0.2925 hectares of Khata No. 164, Plot No. 2436/5 situated in Mauja Sarenda Tehsil Kheragarh, District Agra, which was executed by one Gajadhar for a period of 20 years. When the application came up for consideration, the petitioner was held not to have obtained the necessary minimum marks as no marks were awarded for the land shown by the petitioner. Aggrieved, the petitioner approached this Court by filing Writ - C No. 29241 of 2010. The contention urged was that the marking was wrong. In the light of that, this Court, by its order dated 20.5.2010 directed the petitioner to file a representation and directed the respondents to decide the representation in accordance with law.
3. Petitioner thereafter filed one more writ petition being Writ - C No. 59016 of 2010, which was allowed by order dated 28.9.2010. The contention
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.