Twenty Point Programme by Varnit Vashistha
Twenty Point Programme by Varnit Vashistha
BY VARNIT VASHISTHA
The Twenty Point Programme was restructured in the year 2006 and
was approved by the cabinet on 5th of October and operated with
effect from 1.04.2007 while in keeping mind the challenges of 21st
century. India is a developing country and with the ongoing
liberalisation, globalisation and economic reforms going on in the
country it is very important for a government to not ignore backward
section of its citizens.
The Twenty Points of the programme and its 66 items have been
conservatively designed and selected to achieve the above objects.
Under the TPP, the land was allotted to the landless backward
people to cultivate and earning their living. This allotment was done
under section 73 of the Delhi Land Reforms Act which states that:
(b) The land is vested in the Gaon Sabha under section 72 or under
any other provision of this Act.
(c) The land has come into the possession of Gaon Sabha under
section 72 or under any other provision of this Act,
(d) The land is let in accordance with sub- section (4) of section 74.
(e) Every person who acquires the rights of an Asami under any other
provisions of this Act.
Para 25 “It is seen that prior permission for alienation of the land was
a condition precedent. Before permission is given, the competent
authority is enjoined, by operation of Article 46 of the Constitution,
to enquire whether such alienation is void under law or violates
provisions of the Constitution and whether permission could be
legitimately given. In that behalf, the competent authority is
enjoined to look to the nature of the property, subject-matter of the
proposed conveyance and pre-existing rights flowing there under
and whether such alienations or encumbrances violate provisions of
the Constitution or the law. If the answer is in the positive, then
without any further enquiry the permission straightaway would be
rejected. Even in case the permission is granted, it would be decided
on the anvil of the relevant provisions of the Constitution and the
law. In this case, the authorities, though had not adverted to the
aspect of the matter, broadly refused permission on the ground that
the assigned land cannot be permitted to be sold or converted to
non-agricultural use. The action refusing permission, therefore, is in
consonance with the Constitutional scheme in Part IV of the Directive
Principles. The agreement is, therefore, void under s.23 of the
Contract Act as opposed to public policy vide judgment in DTC v. DTC
Mazdoor Congress, 1990 (suppl.) 1 SCR, 192, by one of us
Ramaswamy, J. with whom Sawant and Ray, JJ. agreed by separate
but concurring judgment and the permission was rightly refused to
be given for alienation. The possession is unlawful. Section 53-A of
Transfer of Property Act is not attracted. The appellant's possession
continues to be unlawful and he is not entitled to any improvement
made on the lands. The Collector is directed to resume the lands
immediately and assign the same to the legal representatives of first
respondent, if found eligible or to any other eligible tribal.”