Facts of the case
- A person belonging to a Scheduled Tribe (ST) owns a piece of land located in a non-scheduled area.
- The ST individual wants to sell or transfer this land to a non-tribal person.
- The land is not located within a notified Scheduled Area under the Fifth Schedule of the Constitution.
Issues in the case
- Whether the transfer of land by a tribal person to a non-tribal is restricted outside Scheduled Areas.
- Whether land transfer regulations meant for Scheduled Areas can be applied to non-scheduled areas.
- Whether there are state-specific laws or protective provisions that prevent such transfers regardless of area categorization.
Principles associated with it
- The Land Transfer Regulation I of 1959 (as amended by Regulation I of 1970) applies only to Scheduled Areas and restricts land transfers from tribals to non-tribals.
- In non-scheduled areas, such restrictive provisions do not automatically apply, unless there is specific state legislation prohibiting or regulating tribal land transfers.
- The Fifth Schedule of the Constitution provides for the protection of tribal land rights, but its application is limited to Scheduled Areas notified by the President.
- Supreme Court and High Court judgments have held that in non-scheduled areas, transfer of land by STs to non-STs is generally permissible, subject to state laws like the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.
- Any land assigned or granted by the government to a tribal may have non-transferable clauses, irrespective of location.
Judgement
- In this case, since the land is not located in a Scheduled Area, and unless there is a specific law in that region restricting tribal land transfers, the Scheduled Tribe person can transfer the land to a non-tribal by sale.
- However, if the land is an assigned land or is covered under other protective land laws, the sale may be restricted or require prior permission.
- The transfer will be valid if it complies with the general land laws and does not fall under any prohibited category of land.
- Therefore, the Scheduled Tribe person can transfer the land, but due diligence of local laws and land status (patta/assignment etc.) is essential before sale.