Response

DKT Land in any State of India is the Government waste land which has been assigned(granted without any fee) to the land less poor for the sole purpose of cultivation. The beneficiaries generally are people who are below poverty line and mostly from either OBC or SC/ST communities. Sale of DKT lands is illegal as per rules in force. However, they can be transferred to legal heir.

The Chief Commissioner of Land Administration (CCLA) also expressed the view that the lands assigned to the poor and landless prior to 18.6.1954 would not attract the rule prohibiting the transfer of lands. Quoting GO 1142 issued on 18.6.1954, the CCLA opined that there is no prohibition with regard to transfer of lands assigned prior to date of issuance of the GO. Also, there are no prohibitory rules for transfer of lands assigned prior to 1954 in the Prohibition of Transfer of Assigned Lands (POT) Act, 1977. In addition, there is a High Court recommendation to exclude the lands assigned prior to 1954 from prohibitory list.

The Section 3 (1) of the Act prohibits transfer of the assigned lands on or before commencement of the Act. It also declares retrospectively that all transfers of such lands which took place prior to the coming into force of the Act will be null and void.

The CCLA suggested that the lands assigned after 21.1.1977 can be regularised at market value. However, the assignee should have enjoyed the lands for 30 years. The clause of 30 years was introduced with a view that most of the assignees were SCs and STs. Allowing transfer of lands would render them jobless so the clause was inserted.

Reference: The Prohibition of Transfer of Assigned Lands (POT) Act, 1977

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