Facts of the Case
- A, a landless poor person, was assigned 2 acres of agricultural land by the Government of Andhra Pradesh.
- The land was assigned for cultivation and livelihood, not for commercial or sale purposes.
- A intends to sell 1 acre out of the 2 acres to raise money for his daughter’s marriage.
- He is seeking to determine whether such a sale is legally permissible.
Issues in the Case
- Whether assigned land under the 1977 Act can be sold or transferred, even in compelling personal circumstances.
- Whether financial hardship, like arranging funds for a daughter’s marriage, constitutes a justifiable reason for such a transfer.
- Whether such a transfer would be legally valid under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
- What are the consequences if A goes ahead with the sale without government permission.
Principles Associated with It
- The AP Assigned Lands (Prohibition of Transfers) Act, 1977 prohibits any transfer, sale, lease, or mortgage of lands assigned by the government to the landless poor.
- Section 3 of the Act declares that any transfer or alienation of assigned land shall be null and void, unless express permission is granted by the government.
- The assigned land is meant to improve the socio-economic condition of the beneficiary through cultivation and self-sustenance.
- In G. Krishna Murthy vs. State of Andhra Pradesh and other similar judgments, courts have upheld that necessity or hardship does not justify the violation of the statutory prohibition.
- However, the Act empowers the District Collector to review individual cases and grant exemptions, subject to conditions.
Judgment
- A cannot legally sell the assigned land, even partially, without prior permission from the government or competent authority.
- The proposed sale for his daughter’s marriage, although sympathetic, does not make the transaction valid under law.
- If A proceeds with the sale without approval, it will be void ab initio (invalid from the beginning), and the land is liable to be resumed by the government.
- A may, however, approach the District Collector with a formal request for conditional permission, explaining his personal hardship.
- Therefore, the sale is not permissible by default, but A can explore legal means for temporary relief or conditional use.