Benami Transactions in Pench Tiger Reserve | 21 Jan 2025

Why in News? 

The Benami Prohibition Unit (BPU) of the Income Tax Department detected three Benami transactions in the Pench Tiger Reserve, Madhya Pradesh. 

 Key Points 

  • Details of Benami Transactions: 
    • Two Benami transactions involved land with existing resorts, while the third pertained to land intended for a resort. 
    • The IT Department’s Benami Prohibition Unit (BPU) detected and attached all three properties under the Benami Transactions (Prohibition) Amendment Act 2016. 
      • Madhya Pradesh leads the country in Benami property attachments with over 1,400 properties worth Rs 900-950 crore. 
  • Legal Context in Scheduled Tribal Areas: 
    • Section 165 of the Code of Land Revenue prohibits selling tribal land to non-tribals in Madhya Pradesh’s notified scheduled areas. 
    • Tribals may lease land to non-tribals in notified and non-notified rural areas without district collector approval. 
    • Beneficial owners circumvented this ban by using tribal proxies to purchase the land and then leasing it back for resort construction. 
  • Significance of Benami Property Attachments in Tiger Reserves: 
    • These attachments represent a rare crackdown on Benami transactions within tiger reserves. 
    • Other resorts in tribal-dominated areas near tiger reserves and wildlife sanctuaries are under investigation for similar violations. 

Pench Tiger Reserve (PTR) 

  • PTR is the joint pride of both Madhya Pradesh and Maharashtra. 
  • The Reserve is located in the southern reaches of the Satpura hills in the Seoni and Chhindwara districts in Madhya Pradesh, and continues in Nagpur district in Maharashtra as a separate Sanctuary. 
  • It is among the sites notified as Important Bird Areas (IBA) of India. 
    • The IBA is a programme of Birdlife International which aims to identify, monitor and protect a global network of IBAs for conservation of the world’s birds and associated diversity. 

 The Benami Transactions (Prohibition) Amendment Act 2016 

  • The Act amended the Original Act (Benami Transaction (Prohibition) Act 1988) and renamed it as Prohibition of Benami Property Transaction Act, 1988. 
  • The Act defines a benami transaction as a transaction where: 
    • a property is held by or transferred to a person, but has been provided for or paid by another person. 
    • the transaction is made in a fictitious name 
    • the owner is not aware of denies knowledge of the ownership of the property, 
    • the person providing the consideration for the property is not traceable.