India | Civil Litigation
Legal Question
Govt publishes a notification to improve the lot of harijans under which land could be allotted to harijan societies free of cost.
Under this notification, the collector allots land to a harijan society free of cost. The allotment letter explicitly states that no new member can be inducted to the society with out the written permission from the collector. The society constructs two multi storied building and sells all flats in one building to non-harijans without taking any approval from collector.
The collector releases an order to resume the land as the society has violated the conditions of land grant. Society argues that the land grant letter does not state that flats should not be sold to non-harijans. It only says collector’s permission is required. They further argue that not taking permission is not an offence that warrants resumption of land and buildings. It argues that it warrants only lesser penalties such as fines , premiums etc
Does the society’s argument hold water?


