Supreme Court Overturns Karnataka Land Restoration Order Citing Delay and Lack of Locus Standi

The Supreme Court of India recently delivered a significant judgment in the case of Shardhama & Anr. vs. The Dy. Commissioner & Ors., setting aside orders that had directed restoration of land under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act). The judgment, delivered by Justices B.V. Nagarathna and Satish Chandra Sharma, provides important clarifications on the application of limitation periods in land restoration cases and the requirement of locus standi.

The case involved four acres of land in Hosahalli Village, Karnataka, originally granted to Shri Ranga in 1946-47 through auction. The land was later sold to the appellants’ predecessor in 1969. In 1992 – 23 years after the sale – one Dodda Hanumaiah filed an application under Section 5 of the PTCL Act seeking restoration of the land, claiming to be a relative of the original grantee.

The Supreme Court made several key observations in its judgment:

1. “In the present case, the application was preferred only on 06.06.1992 and the land was sold on 20.06.1969, it was certainly beyond reasonable period.” The Court relied on precedents establishing that even when statutes don’t prescribe limitation periods, applications must be made within a reasonable time.

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2. The Court cited its earlier judgment in Nekkanti Rama Lakshmi vs. State of Karnataka, noting: “This Court… reiterated a settled position in law that whether statute provided for a period of limitation, provisions of the statute must be invoked within a reasonable time.”

3. Regarding the non-alienation clause, the Court found: “The vernacular version and the English translation… reveal that there is a non-alienation clause which provides that the land in question shall not be transferred before expiry of period of 10 years.” Since the sale occurred after this period, it was valid.

4. On the issue of locus standi, the Court held: “The respondents before this Court were also not having any locus in the matter as they are not descendants of Shri Ranga, the original grantee.”

The judgment reinforces important legal principles about timely invocation of rights and proper standing in land dispute cases, particularly those involving protected categories. It serves as a reminder that even beneficial legislation must be applied reasonably and in accordance with established legal principles.

Read also: https://judgmentlibrary.com/supreme-court-resolves-decades-old-okhla-enclave-plot-dispute-with-landmark-judgment/

Petitioner Name: Shardhama & Anr..
Respondent Name: The Dy. Commissioner & Ors..
Judgment By: Justice B. V. Nagarathna, Justice Satish Chandra Sharma.
Place Of Incident: Hosahalli Village, Karnataka.
Judgment Date: 29-04-2025.
Result: allowed.

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