Facts of the Case
- A person belonging to a Scheduled Tribe (ST) resides in a Scheduled Area of Andhra Pradesh.
- He transferred (sold) his land to a non-tribal person, citing personal necessity (such as debt, health emergency, or financial hardship).
- The transaction was carried out voluntarily by the tribal landowner.
- The validity of the land sale is being questioned.
Issues in the Case
- Whether a Scheduled Tribe person can legally transfer land to a non-Scheduled Tribe person in a Scheduled Area.
- Whether the reason of personal necessity makes such a transfer valid under law.
- Whether such a transaction violates the protective provisions for tribals under the Scheduled Areas Land Transfer Regulation.
- What is the legal remedy if the transfer is invalid.
Principles Associated with It
- Under the AP Scheduled Areas Land Transfer Regulation, 1959, as amended, any transfer of land from a tribal to a non-tribal is prohibited, unless previous permission of the competent authority (like the Collector) is obtained.
- The objective is to protect tribals from exploitation and land alienation in Scheduled Areas.
- Even if the transfer is voluntary or due to necessity, it is still void unless approved under prescribed procedure.
- In Samatha v. State of Andhra Pradesh (1997), the Supreme Court held that tribal lands in Scheduled Areas enjoy special constitutional protection and cannot be transferred to non-tribals.
- The Regulation deems such transfers void ab initio (invalid from the beginning) and empowers authorities to restore land to the original tribal owner or his legal heirs.
Judgment
- The sale of land by the tribal to a non-tribal person is invalid, even if it was made due to personal necessity.
- The law is very strict in Scheduled Areas to preserve tribal landholdings and avoid exploitation.
- The transaction is null and void, and the land is liable to be restored to the tribal seller or their successors.
- The Collector or Special Deputy Collector (Tribal Welfare) can initiate suo motu proceedings to cancel the transfer and restore possession.
- Therefore, such a transfer cannot be upheld legally, and tribal land must remain protected under the Regulation.