What is the purpose of law? Is it to control or to create
complications? Is it to deliver justice or pave the way for corrupt dealings?
The way some of the the Law and the Government works, with regard
to property is a case in point. The same Govt. mechanism that goes through the
process of registering Sale
deeds, Pani, Property taxes, Land Records, title of property with sci-fi names like
Mutation records etc. one day decides that the registration of your property is
not valid. The property you own does not belong to you. Why? Because at some
point in the last 80 years or so, this particular land was gifted to a member
of the Backward community and now his children or even great grand children
have come to stake their claim on it. And stranger still, the Govt. happily
informs you that your purchase of the said land and any construction on it is
illegal (or null and void) and grants the claimants permission to sell it
almost immediately without paying you a single Rupee. This is a law that bleeds
nepotism and encourages rampant corruption. This strange law came into force in
1978, [Karnataka Schedule Caste & Schedule Tribes (PTCL) Act, 1978] but
amusingly, is retrospective in nature i.e. even transactions before this law
shall be null and void. Ex post facto laws (Retrospective laws) are expressly
forbidden by most countries including the United States .
This law is so strange that even Wikipedia mentions it - http://en.wikipedia.org/wiki/Karnataka_Scheduled_Castes_and_Scheduled_Tribes_%28Prohibition_of_Transfer_of_Certain_Lands%29_Act,_1978
This law is so strange that even Wikipedia mentions it - http://en.wikipedia.org/wiki/Karnataka_Scheduled_Castes_and_Scheduled_Tribes_%28Prohibition_of_Transfer_of_Certain_Lands%29_Act,_1978
This may be the only law where an appeal can be made even after 100 years.
Your property may have changed hands once or several times, taxes may have been paid faithfully throughout this period, records confirm the property has always existed in your name for even well over 15 years; and then suddenly a claim from the past, maybe 40-60 years ago and your registration and ownership is totally gone.
On one hand the country talks about progress, investment and
dynamic growth, on the other hand some laws enacted by the Government ensure
that an investor makes a fool of himself thereby losing everything he has
worked for. It must be stated that while it is important to take care of the
interests of the backward communities, there must be some system in place that
is progressive and efficient without making genuine buyers or investors stand
to lose.
If the Govt. fails in its duty, in view of justice and fair play,
isn’t the Govt. duty bound to find appropriate alternative property or
compensate affected persons for their ancestral loss and not disturb the
peaceful and complete possession of the property by the current owner as
Registered in the Sale Deed in front of competent authority? It is high time
our laws are more progressive or will bring in reforms like the Lokpal to
ensure that the judiciary and Parliament
become more answerable.
To those who plan to invest in property/houses, especially in
Karnataka, please obtain an official declaration from the Govt. stating that
the property you intend to buy has never ever been granted to the SC/ST
community. To those who already own property, my good wishes to you. To the
Govt. – it’s time to change inefficient & archaic laws- at least set a reasonable limit to the number of years for any claim to be made.
The last few years Supreme Court had also pointed out very practically that there cannot be unreasonable delay in making a claim with regards to PTCL , but the current Govt is working against this judgement to please the vote bank.
John Grisham in his book –The Last Juror- puts
the amending of laws in right perspective when he says, “Very few laws remain
the same. Once enacted, they are likely to be studied, modified, amended, then
often repealed altogether. This constant tinkering by judges and lawmakers is
usually a good thing. Bad laws are weeded out. Weak laws are improved. Good
laws are fine tuned.”