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Companies can't acquire SC, ST land: SC

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Press Trust of India New Delhi

A bench of justices K S Radhakrishnan and Dipak Misra gave the verdict on an appeal by the Rajasthan government against the state high court's order holding such a sale to be valid in law.

The high court had passed its order on an appeal by a firm, Aanjaney Organic Herbal Pvt Ltd, against the refusal by the state authorities to recognise or grant mutation to the purchase of a plot by the company from a person belonging to scheduled caste.

"The Act is a beneficial legislation which takes special care to protect the interest of the members of Schedule Caste and Schedule Tribe.

 

"Section 42 (SC, ST Act) provides some general restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding.

"The reason for such general restrictions is not only to safeguard the interest of the members of Scheduled Caste and Scheduled Tribe, but also to see that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribe.

"We find Section 42(b) of the Act has to be read along with the constitutional provisions and, if so read, the expression

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First Published: Sep 20 2012 | 8:45 PM IST

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