Section 42 of SC ST Act Supreme court verdict

Dear Client,
Section 42 of the SC, ST Act, 1989 prohibits the sale of SC land without approval. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC/ST land by obtaining permission from the DM or the collector. When you are from the general caste, you would have to go through a lengthy procedure to obtain SC/ST land. A tribal(SC/ST) can purchase land from a non-tribal person but he/she can not sell the property to a non-tribal person. The Hon'ble Supreme Court rules that land belonging to the SC/ST class can't be purchased by non-SC/ST( General Class/OBC class including companies, society, and corporations). It's unconstitutional and illegal. The ruling by the Supreme Court in this regard is only for the government-granted land and not for the land bought by persons belonging to the SC/ST community on their own hence there should not be any problem to purchase if that is confirmed. However, you should consult with a local Advocate or visit the office of the DM/Collector concerned for more clarification in this regard before confirming the deal.

Dear Client,
Section 42 of the SC/ST (Prevention of Atrocities) Act, 1989, and related state laws protects the rights of SC/ST communities by restricting the transfer of land from SC/ST individuals to non-SC/ST individuals. These restrictions are meant to prevent exploitation and ensure that the benefits intended for SC/ST communities remain within those communities. Many states in India have laws that require prior permission from the District Collector or competent authority before such land can be sold to a non-SC/ST person. If state laws apply, you would need to seek permission from the District Collector or a similar authority before the transaction can proceed. If the land transaction violates the SC/ST Act or local regulations, the sale could be declared void, and you could face legal challenges, including the possibility of the land being reverted to the original owner or the state. We hope that our response is helpful to you.