ADDITIONAL COMMISSIONER REVENUE AND versus AKHALAQ HUSSAIN AND ANOTHER

Citation: [2020] 2 S.C.R. 1001 · Decided: 03-03-2020 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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ADDITIONAL COMMISSIONER REVENUE AND OTHERS
v.
AKHALAQ HUSSAIN AND ANOTHER
(Civil Appeal No. 7346 of 2010)
MARCH 03, 2020
[R. BANUMATHI, S. ABDUL NAZEER AND
A. S. BOPANNA, JJ.]
U.P. Zamindari Abolition and Land Reforms Act, 1950 –
ss.157-B, 161, 166, 167 – Respondents entered into an exchange
with a member of Scheduled Tribe by way of registered exchange
deed – Respondents gave 4½ Muthi of land in return for 12 Nali of
agricultural land – Assistant Collector held that the exchange
violates s.161(1) and the exchange deed being in violation of
provisions of the 1950 Act is void – Respondents filed appeal –
Dismissed – Revision petition – Dismissed – Writ petition filed by
the respondents – Allowed – Held: s.161 pertains to exchange of
land, as per which a bhumidhar may exchange land with another
bhumidhar or with any Gaon Sabha or local authority, with the prior
permission of an Assistant Collector – Insofar as the land belonging
to a member of Scheduled Tribe, exchange is not permissible – Under
s.157-B, no bhumidhar or asami belonging to a Scheduled Tribe,
shall have the right to transfer by way of “sale, gift, mortgage or
lease or otherwise any land to a person not belonging to a Scheduled
Tribe” – Language used in s.157-B “or otherwise” emphasizes that
the land belonging to a Scheduled Tribe cannot be transferred in
any manner whatsoever – Further, in the instant case admittedly,
even no prior permission was sought from the Assistant Collector –
Also, respondents did not explain as to why a member of Scheduled
Tribe wanted to exchange his large extent of land i.e.12 Nali (2400
sq. mtrs.) with a much smaller piece of land i.e. 4½ Muthi (56.25 sq.
mtrs.) – This raises doubt about the genuineness of exchange deed
strengthened by the fact that respondents’ names were mutated in
the land exchanged while that of the member of Scheduled Tribe
was not – Since the exchange deed violated s.157-B, the transfer is
void u/s.166 – No justification to consider respondents’ request on
the basis they are running Hotel on the land – No ground for
 [2020] 2 S.C.R. 1001
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SUPREME COURT REPORTS
[2020] 2 S.C.R.
considering questions of equity – When there is a clear statutory
provision barring the transfer, it was not open to the High Court to
substitute its view in place of that provision – Such interpretation
would defeat the benevolent object of the provisions of the 1950
Act and the constitutional scheme providing for social and economic
empowerment of the Scheduled Tribes – Judgment of High Court
set aside – Appellants at liberty to proceed in accordance with law
– Interpretation of Statutes – Equity – Indian Stamp Act – Article 31
of Schedule 1-B.
U.P. Zamindari Abolition and Land Reforms Act, 1950 – s.161
– Exchange of land – Requirement of prior permission u/s.161 –
Discussed.
U.P. Zamindari Abolition and Land Reforms Act, 1950 –
ss.3(14), 143, 144 – Respondents entered into a land exchange
with a member of Scheduled Tribe and gave 4½ Muthi of land in
return for 12 Nali of agricultural land – Exchange deed was held
to be void being in violation of provisions of the 1950 Act –
Respondents inter alia pleaded that the land in question is not an
“agricultural land” and does not fall within the definition of “land”
u/s.3(14) thus, provisions of Chapter VIII of the Act are not
applicable – Held: For changing the nature of land from
“agricultural” to “abadi”, declaration as stipulated in ss.143 &
144 is required – Respondents did not produce any such document
which shows that such declaration was made much less registered –
In absence thereof, the land is deemed to be an “agricultural land”
as per s.3(14) and the provisions of the 1950 Act are applicable to
the land in question.
U.P. Zamindari Abolition and Land Reforms Act, 1950 –
ss.157-A, 157-B – Restrictions on transfer of land by members of
Scheduled Castes vis-a-vis Scheduled Tribe – Discussed.
Allowing the appeal, the Court
HELD:1.1 Mangal Singh is a member of Scheduled Tribe
and this factum has not been disclosed in the exchange deed. As
per Section 157-B of the U.P. Zamindari Abolition and Land
Reforms Act, 1950 (the Act), a bhumidhar or asami belonging to
Scheduled Tribe cannot transfer his land to a person not belonging
to Scheduled Tribe. As per Section 166 of the Act, any transfer
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made in contravention of the provisions of the Act shall be void.
Since the exchange deed has been executed in violation of the
pr

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