Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts... A Charitable Trust acquired government land on payment of market value. The allotment was subject to conditions, including using the land only for the purpose for
...which it was allotted. The High Court ruled the land was "sold" and that any restriction on enjoyment was void under Section 10 of the Transfer of Property Act, 1882 (TPA). The State appealed, arguing it was a conditional "allotment" under a statutory scheme, not a sale, and the Trust violated the conditions by creating a colony on the land. The question arose... whether the alienation of land by the State to a charitable trust was a "sale," thereby invalidating restrictions under Section 10 of the TPA, or a conditional "allotment" under a statutory scheme, making the restrictions valid. Finally... the Supreme Court allowed the appeal, setting aside the High Court's judgment. It held that the transaction was a conditional allotment under a statutory scheme (the Telangana Alienation of State Lands and Land Revenue Rules, 1975), not a sale, and that the Rules were not eclipsed by Section 10 of the TPA. The conditions were binding on the Trust, which showed malafides and committed a fraud on the statute by commercializing the land for a colony instead of using it for a charitable purpose, making the resumption order valid.
Legal Notes
Add a Note....