Facts of the Case
- The land in question is situated in a Scheduled Area notified in the state of Andhra Pradesh.
- The land was transferred to a government-owned corporation for mining activities.
- The local tribal community is likely affected by the transfer.
- There is a challenge to the validity of the transfer based on existing legal protections for Scheduled Areas.
Issues in the Case
- Whether the transfer of land in Scheduled Areas for mining purposes, even to a government-owned corporation, is valid under law.
- Whether such transfer violates provisions of the PESA Act and protective laws for tribal areas.
- Whether Gram Sabha consent is required for such transfers.
- Whether the Constitution and laws allow mining in Scheduled Areas without fulfilling specific conditions.
Principles Associated with It
- Under the PESA Act, 1996, and Schedule V of the Constitution, land in Scheduled Areas cannot be transferred to non-tribals or entities, including government corporations, without consent and due process.
- The Supreme Court in Samatha v. State of Andhra Pradesh (1997) held that:
- Transfer of tribal land to private entities or government corporations for mining is invalid without adhering to protective legislation.
- Only co-operative societies composed of tribals or government undertaking directly controlled by the State may carry out such activity — and that too with tribal welfare as a focus.
- Gram Sabha (village assembly) consent is mandatory under PESA before acquiring land or initiating development/mining projects.
- Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (as amended) prohibits transfer of tribal land to non-tribals without due procedure and safeguards.
Judgment
- The transfer of land in Scheduled Areas to a government-owned corporation for mining without proper Gram Sabha consultation and compliance with PESA is invalid.
- As held in Samatha v. State of A.P., such a transfer violates the protective framework for Scheduled Tribes and the spirit of the Constitution.
- The corporation, though government-owned, does not have absolute immunity from land transfer restrictions in Scheduled Areas.
- Therefore, unless the procedural safeguards (including Gram Sabha consent) are strictly followed, such transfer is liable to be struck down as unconstitutional and illegal.