Legal Question in Civil Rights Law in India
I have purchased a site in Bangalore in a layout which has 50 sites within.
I am third party to my site. First party(who developed this layout) got this land under Karnataka Land Reforms act
in the year of 1982. Incidentally he belongs to SC\ST. In the year of 1995, he developed a layout & sold sites. Second party of my site purchased a site
in this layout in the year of 1996. I have purchased from second party in the year of 2006. Now the problem is, the first party(who developed this layout),
has filed a petition in Assistant commissioner court stating the land in which he developed a layout falls within the definition of section 3(b)
of the Karnataka SC & ST (prohibition of transfer of certain lands) act 1978. His claims are
1. As per land reforms act he is not suppose to sell a land within 15 years of lockin period. But he developed & sold with in lock period.
As he violated the rules, he is asking for restoration of land
2. He is claiming, land reforms act hits PTC act & seeking restoration of land
Are his claims(Point 1 & Point 2) valid ? Will land be restored to him as per point 1 ?
1 Answer from Attorneys
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