Mangaluru: Elderly couple living on non-transferable land given Sep 10 deadline to vacate


Daijiworld Media Network - Mangaluru (SB)

Mangaluru, Aug 29: The elderly couple residing at Suratkal, who recently learned that the land they have been living on, and which they had purchased decades ago was non-transferable, has now received a deadline to vacate the land and house. The couple has been asked to vacate the place by September 10.

About 47 years ago, the couple spent all their savings to purchase a 38-cent land at Suratkal. The land was purchased by the couple from a third party. But some months ago, the couple received an order from the government pertaining to Karnataka Scheduled Castes and Scheduled Tribes Act, 1978, according to which, the land they had purchased from the third party came under the Prohibition of Transfer of Certain Lands (PTCL Act).

According to the Act, transfer of certain lands granted by the government to persons belonging to the scheduled castes and scheduled tribes in the state, is prohibited. Such property will be eventually acquired by the government and returned to the original owner without any compensation to the purchaser.

The assistant commissioner, tahsildar and revenue department officials visited the couple’s house on Tuesday, August 29 and informed them about the court order and deadline. Felix Coelho was at home when the officials visited the house. His wife Stella Coelho is admitted to a private hospital because of high blood pressure.

It is said that Felix requested the officials to permit him and his wife to lead their lives in the same house till their death. The officials refused to grant permission and said that they could not do anything to help the couple, as it was an order from the court.

Hundreds of people gathered at the spot. Many of them suggested Felix to seek legal assistance.

Speaking to daijiworld, resident Rudy said, "Nothing wrong on the part of the officials. They are just doing their duty. At the same time, we cannot blame the elderly couple for their lack of awareness of law. They purchased this land 47 years ago. It is very tragic that they are old and ill as well. Who will provide them a new shelter? We feel pity on them."

Another neighbor said, "We do not know what will happen on September 10. We know the couple from many years. They are very humble and polite and have no intention of violating the court orders. But once they vacate the land, they will not have any alternative shelter. That is so unfortunate."

 

 

  

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Comment on this article

  • JNB, Mangalore_mumbai

    Wed, Aug 30 2017

    PTCL act is only 39 years old,
    This couple purchased this land long before the act, still they have to vacate land even it was not applicable while they were purchased the same.

    QUOTE:
    The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978[1] (Karnataka Act 2 of 1979) or PTCL is a statute of Karnataka.

    This law which was introduced in 1978 is retrospective in nature and is considered an ex post facto law. Currently over 10000 cases are pending before the office of the Deputy Commissioners across the State Karnataka.[2] This law was created as a social welfare Act aiming to protect and provide land for the poor members of the scheduled Tribes and castes. But due to a lack of clarity and understanding between the judiciary and the administration there exists this large number of cases still hanging in the balance.[3]
    UNQUOTE:

    DisAgree Agree Reply Report Abuse

  • Rajesh, Surathkal

    Wed, Aug 30 2017

    Where is MLC Ivan Dsouza now??? he was latest advertising himself about the benefits of Kraistha Samudaya .At least he can provide some help to this couple
    I know this couple for many years very hardworking and down to Earth
    God Bless the old couple...

    DisAgree [2] Agree [4] Reply Report Abuse

  • roopsesh, Bangalore

    Wed, Aug 30 2017

    Looks like the son of orignal owner even knowing his father had sold this land and got money now came up with malfide intentions. Just because now cost of land is in crores.

    But one thing he should understand no one i quote one one still date lived a happy life on others tears. whichver land a tear or blood has fallen that land stands cursed and whoever occupies it wont be able to enjoy for longer time.

    May god and noble christians around mangalore help these couple. Not sure about their children may be they are not financially strong enough to do all support so cant blame them.

    DisAgree [2] Agree [18] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, Aug 30 2017

    ..If this law favors him then why he wont claim land which is worth several lacs!..what if its vice versa..even SC didnt given any relief in these cases, it even said buyer can not be compensated either...it said "ignorance of law excuses no one" ..first law must be changed, if not Govt must be made a party in dispute since it registers land, collected various taxes in the past 45 years..till few years back even there is problem in purchasing farm land, many lost purchased property..

    DisAgree Agree [7] Reply Report Abuse

  • Sujith, Mangalore

    Wed, Aug 30 2017

    1. For first instance the said land is not "Transferable", how this property had been Registered in their name if it comes under the Prohibition of Transfer of Certain Lands (PTCL Act).
    2. Need immediate ulternative action to get shelter to the aged couple. Court proceedings will be take long years to settle the dispute.
    2. Govt has to consider them with humanitarian ground as well senior citizenship.
    Provide them peace of land and shelter in non-remoted area where its near to hospital and convinient to meet their basic needs.
    3. Two party of vendors who sold this property has mutually agree and need to pay amount for their livelihood.
    4. To represent their disputes some organization has to come forward and take concern.

    DisAgree Agree [19] Reply Report Abuse

  • FRANCIS, Dubai

    Wed, Aug 30 2017

    Now that the elderly couple living on non-transferable land has been given 10th September, 2017 as deadline to vacate and now, what is the next future course of action?

    I there any association in Mangalore, any Christian leader, Church leader or Bishop's House can take up this case in order to get justice for this humble elderly couple please?

    Can anyone take up this case and write a letter to our respected Prime Minister Narendra Modi involving Chief Minister, political leaders in order to get justice to this humble elderly couple please?
    The reason being many a times Prime Minister has responded to people's plea and given instructions to the concerned authorities to take care of the situation.

    I hope and pray that something good will happen to this couple and our prayers will be there.

    DisAgree [2] Agree [20] Reply Report Abuse

  • WD, Karwar

    Wed, Aug 30 2017

    We were displaced by the Karwar port in baithkool Karwar & given compensatory land at Shirwad Karwar with all documents. However there are people staying there unauthorised with blessings of the authorities. Now the only re-course is court proceedings - My take is how did the Government authorities give all the necessary approvals to them for building the house , electricity , water etc &
    now awakening that it was all wrong.

    DisAgree Agree [14] Reply Report Abuse

  • J.F.D SOUZA, Attavar, Mangalore

    Wed, Aug 30 2017

    Pitying is not the solution to this problem. Make alternate arrangements for providing a shelter to this aged couple to lead a happy life.

    DisAgree Agree [14] Reply Report Abuse

  • Ahmed K. C., Mangalore

    Wed, Aug 30 2017

    Missuse of favors from Govt. By one party has put another party in trouble. Beware of fraudulent transactions.
    Hope God will provide help to this elderly couple.

    DisAgree Agree [13] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Aug 30 2017

    This Government should pay for their mistake by providing alternative home ...

    DisAgree [4] Agree [23] Reply Report Abuse

  • john, mangalore,/kuwait

    Tue, Aug 29 2017

    WE CHRISTIANS SPEND CRORES OF MONEY TO BUILD CHURCHES.. CAN SOMEONE COME FORWORD TO HELP THESE..

    DisAgree [2] Agree [80] Reply Report Abuse

  • Laila Jones, Mangalore

    Tue, Aug 29 2017

    The PTCL Act was passed in 1978. If the couple purchased the property 47 years back, how this act is applicable to this property? Further, why no objection was raised by the allottee or his heirs for almost half a century? Is the present claimant legally entitled to demand posession now? I strongly feel that the couple should be suitably compensated. .

    DisAgree [2] Agree [40] Reply Report Abuse

  • ßryan, ßahrain

    Tue, Aug 29 2017

    Why did they give the official to sit in the house, they don't deserve a seat. The government should find a solution for this poor couple....

    DisAgree [4] Agree [39] Reply Report Abuse

  • Lily Grace D Silva, Mangalore/Mumbai/Dubai

    Tue, Aug 29 2017

    After living for 47 years in a legally purchased land, now the authorities woke up to take such a drastic step against this elderly couple? Where were they so long? Where was the person who is claiming this land? Now the price of property is gone up and therefore this act. Its very clear, they bought this land from the third party. It is appropriate and necessary to call the person who sold this land to this couple and claim all the money to enable them to find a place if needed. Its very disheartening to see that justice is no where. But one thing is sure. This couple is old, have done no wrong. Therefore God is our judge and He will surely save them from this uncalled harassment.

    DisAgree [1] Agree [40] Reply Report Abuse

  • Ashok, Mangalore

    Tue, Aug 29 2017

    ? mark is how they sold the land to 2ns party catch the first party he is not allowed to sell land got from govt catch him first

    DisAgree [1] Agree [45] Reply Report Abuse

  • John Tauro, M'luru / Kwt

    Tue, Aug 29 2017

    As per PTCL Act that particular category of land is non-transferable which means it cannot be sold by the holder. Now the person who had sold this land 47 years ago to this elderly couple must be apprehended and held guilty and the couple must be allowed to live without rights to sell to a third party.

    DisAgree [3] Agree [32] Reply Report Abuse

  • S.M. Nawaz Kukkikatte, Dubai

    Tue, Aug 29 2017

    Elderly couple not selling their properties to any other party. They legally purchased the land 47 years back but unfortunately they are not aware about Prohibition of Transfer of Certain Lands (PTCL Act) which they purchased from third party. But they lived 47 years in same place.

    Is there any other alternate solution to approach the court again Considering the age of the couple and allow lives in the same house till their death?

    Already they lost their investment

    DisAgree [1] Agree [36] Reply Report Abuse

  • Praveen, Mangalre

    Tue, Aug 29 2017

    Now original owner fighting only because now this property values in Crores....nothg else

    DisAgree [1] Agree [54] Reply Report Abuse

  • jeevan, mangalore

    Tue, Aug 29 2017

    In some major court rulings, the Supreme court of India has declared that a land belonging to scheduled castes or tribes (SC/ST) cannot be purchased by anyone who does not belong to the same category, In case any person purchased the land then he will be liable to prosecute under Section 8 of PTCL ACT.

    Siddu govt must provide the Mane Bhagya for aged couple.

    DisAgree [4] Agree [19] Reply Report Abuse

  • Wilma dsouza, Mangalore

    Wed, Aug 30 2017

    Really sad. This particular rule came into existence only during 1978 but these ppl hav bought the land way before that then how this rule applies to this particular property? This is just not fair. Why the authority didn't send notice by then ? From 1978 what were they doing? Strongly feel they should file a case n continue staying .it's really really sad.

    DisAgree [1] Agree [12] Reply Report Abuse

  • ricky, mangalore

    Tue, Aug 29 2017

    this is really sad...dont know whom to blame....hope concerned authority makes alternative arrangements for the couple....surely god will bless them.....

    DisAgree [1] Agree [21] Reply Report Abuse

  • PINTHAM, Kodyal / Kudla

    Tue, Aug 29 2017

    I feel pity looking at the Couple... So kind people.. It's ok if the couple does not know the legal Acts. it's fine cos day by day new rules born as there is no one to question against this, so who will know all these Rules. Now the main point is, Who will help them...??
    Can mayor Kavitha Sanil fight against this..?? Or Mr. Mohidin Bava can Do something...? Mr. J.R.Lobo Can help out....? Or Humanity Charity Group can help..?
    Dear Govt. Please don't tell the Elderly couple to go to Old Age Homes... they have the rights to live their life happily, in fact, everyone has.. so you should ether build a new house for them or let them live in the same house. the choice is yours.

    And about the rules and regulations :
    Schools and colleges take seminars for sex education.. Why don't Govt take a step for such land rules & property rules what is transferable and what is not transferable land. In this also there is so much Kiri Kiri cos now newly property card is there.
    So lastly the main point of view is let them live happily at this age. They have sacrificed so much.
    "Namma Sarakara ve Nammannu Badukalu Bidi..."

    DisAgree [1] Agree [24] Reply Report Abuse

  • Swamy, Mangalore

    Tue, Aug 29 2017

    I think this Act 1978 should not relate to this couple anyway. First, they bought this property 47 years ago which is before this act came into force. Secondly, this couple is not SC or ST so it should not affect them. Thirdly, on humanitarian grounds, considering thier age the court should let them live in that property as both the above conditions doesn't relate to them or compensate them with another alternate of same value in place of this property and let govt own this property thereafter.

    DisAgree [2] Agree [51] Reply Report Abuse

  • VALERIAN RODRIGUES, ujire

    Tue, Aug 29 2017

    IT IS REAL FACT.ACCORDING TO SOME LAW EXPERTS AFTER 30 YEARS OCCUPANTS DEEMED OWNERS OF ANY PROPERTY. BUT LAWYERS SHOULD GIVE RULINGS AND DOCUMENTS TO THE COURT.FOR SOME SENSITIVE CASES WE SHOULD APPOINT EFFICIENT LAWYERS TO FIGHT PROPERLY.NOW TIME IS THERE TO ARRANGE A WRITE PETITION IN THE HIGHER COURTS.

    DisAgree Agree [18] Reply Report Abuse

  • Gangaram, Moodbidri

    Tue, Aug 29 2017

    Its really unfortunate, this type of days should not come to anyone one in their life that is also 47 years after buying land, and without any compensation also!!!

    God Bless the old couple...if their community wishes they can give them shelter within a day......

    DisAgree [1] Agree [30] Reply Report Abuse

  • Shankar, Mangalore

    Tue, Aug 29 2017

    On September 10th, officials can put a lock on the front door, as a proof for vacating, leaving the rear door unlocked. The couple can use the back door and stay as long as they need because the original owner who sold 47 years ago will not come seeking ownership.
    I think officials can do such favours considering the age of the couple.

    DisAgree [3] Agree [58] Reply Report Abuse

  • Paul, Mangalore

    Tue, Aug 29 2017

    Where is Krista Rakshanna vedikey.... Can you please help them......

    DisAgree [6] Agree [37] Reply Report Abuse

  • Aron Mathias, Karkala

    Tue, Aug 29 2017

    Paul God is great and he will protect them and provide them proper shelter. Why are you worried about Krista Rakshanna vedikey? God bless you and your thoughts.

    DisAgree [5] Agree [15] Reply Report Abuse

  • Ronald D, Udupi

    Tue, Aug 29 2017

    Paul, why only Christa Rakshana Vedike? This is the time to show compassion to fellow human. There are plenty of vedikes, sangh, political & non political outfits, politicians of all kind including MP/ MLA/ corporaters if there is a will.

    DisAgree [5] Agree [24] Reply Report Abuse

  • Rita, Germany

    Thu, Aug 31 2017

    @Paul mangalore,I really wonder why you are calling chr.vedike?What are you?a human or only pushing your responsibility as a christ on others?When someone is in utter difficulty like this everyone nearby can help or give moral support.It is nowhere written that only certain sanghs or unions should help.Here someone has played a cold play.how come the one sold this land do it,knowing nontransferable land,second which lawyer or judge signed it without looking into this matter.?whose land and who sold it must be cleared first.But now it doesnt help.If they have children,they should help here,and their money invested ,or given that money with interest recovered.God only can help .

    DisAgree Agree Reply Report Abuse


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Title: Mangaluru: Elderly couple living on non-transferable land given Sep 10 deadline to vacate



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