14. A, a landless poor was assigned 2 acres of agricultural land by the government. He wants to sell one acre out of it for performing the marriage of his daughter. Can he do it legally? Explain.

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.

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