Facts of the Case
- A person belonging to a Scheduled Tribe owns land in a non-scheduled area.
- He wishes to transfer the land to a non-tribal person through a sale deed.
- The area is not notified as a Scheduled Area under the Constitution.
- The tribal seller seeks clarity on the legality of such a transaction.
Issues in the Case
- Whether a Scheduled Tribe person can legally transfer land to a non-tribal person in a non-scheduled area.
- Whether laws restricting such transfers apply only in Scheduled Areas.
- What are the safeguards under law for tribal land even outside Scheduled Areas?
Principles Associated with It
- The Fifth Schedule of the Constitution restricts land transfer in Scheduled Areas to protect tribal interests.
- In non-scheduled areas, restrictions depend on State-specific land laws or local regulations.
- The Forest Rights Act, 2006, and relevant Land Transfer Regulations (like Telangana Area Land Transfer Regulation, 1959) often prohibit or regulate land transfers by tribals even in non-scheduled zones.
- The Supreme Court in Samatha v. State of Andhra Pradesh (1997) upheld protection of tribal lands and interpreted such provisions liberally in favor of tribals.
Judgement
- If no specific State legislation restricts the transfer in non-scheduled areas, the sale may be legally valid.
- However, if the State has enacted laws extending tribal land protection to non-scheduled areas, then prior permission or prohibition on sale applies.
- Courts have consistently held that tribal land rights must be preserved, and any attempt to dilute them can be struck down.
- Therefore, the transfer may be invalid if it violates such State-specific protective laws, even outside scheduled areas.
