How can a general category person buy a SC ST's land

477 votes

No, a general category person cannot buy land allotted to SC/ST's in India.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, prohibits the transfer of land allocated for the welfare of SC/STs to non-SC/STs. This law was enacted to protect the rights of SC/STs, who have faced discrimination and oppression for centuries.

The takeover of the property is considered illegal if it is done -

• without the agreement of the victim, or

• by threatening her or someone connected to her, or

• by making false records.

It is also a crime to similarly illegally deprive an SC/ST member of his property or to prevent him from exercising his rights over any land. This includes:

• Blocking an SC/ST member from accessing any forest rights under the Forest Rights Act.

• Blocking rights to any water source or irrigation source.

• Destroying or taking away crops.

Moreover, the government has several schemes and policies for the welfare and upliftment of SC/STs, including land allocation. The objective of these policies is to provide land to marginalized communities to help them become economically self-sufficient and reduce poverty.

Therefore, any attempt by a general category person to buy land allotted to SC/STs is illegal and can result in legal action. It is important to respect the rights of marginalized communities and work towards promoting equality and social justice.

LawRato LawRato

590 votes

1st of all let me know from which state you belong, because in Orissa there are two local laws 1) is Orissa Land Prevention act and 2) is REgulation II 1956 ( which is exclussively for Scheduled areas) OLR act is for both SCAnd ST communitis- you have to obtain prior permission from the competant Rvenue Authority and afte obtaining persmission you can purchage the land of SC& ST persons in non sheduled areas. Similarly in Schduled areas that permission banned for Sale of Triballands to non- Tribals but sou can obtain prior permission Sc lands even sheduled areas for purchage. The similar law is also prevailing in A.P

If the land was original bought by the SC/ST no problem for you to buy.

If the land was given to SC/ST under D form by the Govt, the following is the rules.

1) As per the D form assignment Clause – 13, the property can not be sold within 10 years, even after 10 years, this property can not be sold to other communities.

2) As per the D form assignment clause – 18, if the property is assigned to Harijans, the same can not be sold to any other communities.

Advocate Siddhant Sharma LawRato

342 votes

Conclusion. The sale of SC land is prohibited by Section 42 (SC and ST Act). This law was passed to protect the tribes of SC/ST. You can still acquire SC land if you obtain authorization from either the DM, or collector.

Advocate Chikirsha Mohanty LawRato