Response

“The courtroom stated the earlier permission becomes a requirement to make certain that alienation became for the cause of obtaining a few different land, or for enhancing the remaining land. It became additionally to make certain that the grantee credited to government an amount identical to 50% of the market price of such land as at the date of sanction of such alienation

Section 42 (SC, ST Act) offers a few standard regulations on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, withinside the entire or a part of their holding.

A general class individual can not purchase an land belonging to SC / ST class via direct purchase. He has to take permission from the relative authority for purchasing such lands. There are many forms of SC / ST lands. In maximum of the instances you do get permission from the sales authority while Adivasi lands are strictly prohibited.

In Maharashtra the adivasi lands are categorized below segment 36 and 36 A of land sales act.Law is easy in this. In case of agriculture land, individual of SC class can not promote land to standard class.

In your case whether or not you misrepresented your identification or now no longer, it’s miles written down in sale deed that dealer belongs to standard class and now no longer SC. If the same comes out to be fake recently then land defaulty vests in government.

In case of commercial spaces there may be no such boundation of SC or standard as no UPZALR is applied.
An Act to save you the fee of offences of atrocities towards the contributors of the Scheduled Castes and the Scheduled Tribes, to offer for Special Courts for the trial of such offences and for the comfort and rehabilitation of the sufferers of such offences and for topics linked therewith or incidental thereto.”

Reference: section 36 and 36 A of land revenue act 1996, Section 42 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – – AHG9 – 202100580 – 5 – 30 – 202100892021004215020

LAWAYZ-2023-907