Facts of the case
- X, a non-tribal individual, purchased land from Y, who is a member of a Scheduled Tribe.
- The land is situated in a Scheduled Area, which is governed by special constitutional and statutory protections for tribal communities.
- The sale was registered legally in the name of X.
- Later, Y, the tribal seller, sought to reclaim the land, alleging the sale was invalid under the law protecting tribal land rights.
Issues in the case
- Whether a non-tribal person can legally purchase land from a tribal person in a Scheduled Area.
- Whether the transfer of land in favor of a non-tribal, even if registered, is valid in law.
- Whether Y, the tribal seller, has a legal right to reclaim the land from X.
Principles associated with it
- Article 244 of the Constitution and the Fifth Schedule provide special protection to Scheduled Tribes and regulate land transfers in Scheduled Areas.
- Under the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (as amended by Regulation I of 1970), any transfer of land from a tribal to a non-tribal without prior permission from the competent authority is prohibited and deemed void.
- The object of the Regulation is to prevent exploitation of tribals and ensure they retain ownership of ancestral land.
- The burden of proving the validity of the transaction lies on the non-tribal (as laid down in several judgments).
- Even registration under the Indian Registration Act does not validate a transfer that violates tribal land laws.
Judgement
- The sale deed, though registered, is void ab initio (invalid from the beginning) because it violates the statutory bar on transfers from tribals to non-tribals in Scheduled Areas.
- Courts (including in P. Rami Reddy v. State of A.P. and Samatha v. State of A.P.) have consistently upheld that such transfers are illegal and null.
- Y, being a tribal, is entitled to restoration of his land under the provisions of the Land Transfer Regulations.
- X cannot retain possession or claim ownership of the land, and the land must be restored to Y.