Exclusion of Certain Lands from SARFAESI Act - The Act does not apply to land on which plantation crops such as coffee, cardamom, and pepper are grown. Specifically, the term 'agricultural land' in Section 31(i) does not include land used for plantation crops, thereby excluding such lands from the Act's scope U. M. Ramesh Rao S/O. Late U. M. Krishna Rao VS Union Bank Of India (Formerly Corporation Bank) - Karnataka.
Agricultural Land and SARFAESI Act Scope - The Act's application is limited concerning agricultural lands. It excludes enforcement related to security created in agricultural lands, as the Act is traceable to Entry 45 of List I of the Seventh Schedule, which implies restrictions on applying the Act to agricultural land without explicit definition or inclusion SRI U M RAMESH RAO vs UNION BANK OF INDIA - Karnataka.
Analysis and Conclusion:
Lands categorized as plantation crops (e.g., coffee, cardamom, pepper) are explicitly excluded from the SARFAESI Act's purview. Moreover, general agricultural lands are also excluded from enforcement under the Act, especially concerning security interests, due to constitutional and statutory limitations. These exclusions primarily aim to safeguard agricultural and plantation lands from foreclosure processes under SARFAESI.
Act, as said Act is applicable to land on which plantation crops are grown, including coffee plantation in instant cases - p ... within meaning of Section 31(i) of SARFAESI Act and said Act does not apply to coffee plantation – expression 'agricultural land ... ' in Section 31(i) of the SARFAESI Act, does not include land on which plantation crops are grown namely, cardamom, coffee, pepper ... The....
Then, can such land be excluded from the scope and ambit of agricultural land under Section 31(i) of the SARFAESI Act is the question. SARFAESI Act. ... Thus, the SARFAESI Act being an enactment traceable to Entry 45 of List-I of the VII Schedule, it has excluded the enforcement of the Act insofar as the security created in agricultural lands are concerned without defining ... ’ ....
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