Amendment status not verified — confirm the current text below against the official source.
Contra:] --The expression "transfer" is wide enough to cover n'ansfers by operation of law unless expressly excluded. Special exclusions to save transfers by way of inheritance and compulsory land acquisition by State have been made which would have been supererogatory had involuntary transfers automatical1y gone out of the pale of S. 1O-A(b). Hence S. 1O-A(b) would apply to transfer by operation of law under S. 18. State of Punjab v. Amar Singh, AIR 1974 SC 994. S. 1O-A(b)--Consent order--Scope--(Per majority):-- Where a compromise goes against a public policy, prescription of a statute or a mandatory direction to the Coul1 to decide on its own certain foundational facts a razi cannot operate to defeat the requirement so specified or absolve the court from the duty. The resultant order will be ineffective. Any authority, like the Collector enjoined to apply S. 10-A(b) and (c) may decline to act on a compromise which has ripened into an order if the agreement benveen the parties disposes of property in violation of a statutory mandate. Smctly speaking, collusive razis cannot affect the State which has the right to utiltse surplus lands for resettling tenants. The public policy of S. 10-A cannot be outwitted by consent orders calculated to defeat the provision and without the statutory authority charged with the enquiry being satisfied about the bona fides of and eligibility for the purchase. State of Punjab v. Amar Singh, AIR 1974 SC 994. I[10-B. Saving by inheritance not to apply after utilisation of surplus area.- Where succession has opened after the surplus atea or any part thereof has been utilised under clause (a) of section lO-A, the saving specified in favour of any heir by inheritance, under clause (b) of that section shall not apply in respect of the area so utilised.] . Comments Sections 10-A and 10-B--Process of utilisation of Surplus area ""hen complete--Held: While al10tment ofland is an initial stage in the process of utilisation of the "surplus area". it does not complete that process as it IS necessary for the allottee to obtain a certificate of al1otment. take possession of the land within the period specified for the purpose, and to execute "quabuliyat" or "patta" in respect thereof as required by Rules 20-A to 20-C of the Rules of 1956. S. 1O-A(b) has the effect of saving the land, comprised in the "surplus area". if it has been acquired by an heir by inheritance. So when the process of utilisation of the deceased's "surplus area" had not been completed by the time his heirs by inheritance made the application under S. 10-A(b) and S. 10-B to the authorities concemed, it was permissible for those authorities to re-examine the question whether there was any "surplus area" at all after the holding had been inherited by his nvo heirs in equal shares so as to reduce the area of the holding of each one of them below the permissible area. FinanciaL Commissioner v. Haryana State, KaLa Devi, AIR 1980 SC 309.