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 was declared a National Park by the Government of Maharashtra in 1975 and the identity of a tiger reserve was granted to it in the year 1992.
- However, PTR Madhya Pradesh was granted the same status in 1992-1993. It is one of the major Protected Areas of Satpura-Maikal ranges of the Central Highlands.
- 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.