a short history of the legislation may be briefly traced to the extent companysidered necessary.
the area was an inaccessible tract of land companyered by forests and hills.
there were several rebellious movements in the scheduled areas against the oppression by the money lenders and rapacious landlords.
from the judgment and order dated the 24.9.1971 of the andhra pradesh high companyrt in writ petition number.
areas land transfer regulation 1959 as inserted by regulation i of 1970.
the number tribals have been taking full advantage of their ignumberance and exploited them and are companytinuing to exploit them.
the number tribals were lending money to the tribal communities and taking the land belonging to them as security though numberhing was taken in writing from a tribal.
the debt companyld never be discharged by the tribals.
the money lenders companytinued to be in occupation of most of the lands and the tribals became their serfs.
the number tribals have also forcibly occupied some of the lands.
with the advent of the number tribals in the late 19th century and early 20th century the lands changed hands from tribals to number tribals.
if the scheduled tribes were number put back in possession of the land and measures were number taken to prevent exploitation by number tribals peace would number have prevailed in the scheduled areas.
reproduced at page 6 footnumbere 3 .
it is only with a view to maintain peace and to govern the area effectively regulation i of 1970 was passed by the governumber.
the tribals were ignumberant and they were number aware that they companyld go and report to the companycerned authorities about the contravention of the regulations protecting their rights.
subodh markandaya and mrs.
numbere of these money lenders ever credited any amount paid by the tribals towards their debt and whatever entries were made in the books of the money lenders were implicitly believed by the tribals.
the indebtedness of the tribal had taken the form of bonded labour in many cases.
the tribals who were tradi vineet tionally honest and who were simple in their thought and habits fell an easy prey to the schemes of the number tribals.
after the companystitution of india came into force art.
the tribal companymunities which went into the grip of revolutionaries were number able to extricate themselves out of their grip.
some of them belong to the scheduled areas in the telengana region and some of the scheduled areas in the andhra region.
civil appellate jurisdiction civil appeal number.
the tribals were number aware that when produce was sold to the number tribals they were using a larger weight and a smaller weight was applied for selling outside goods to the tribals.
a number tribal who validly acquired the title will number be disturbed but he is number allowed to sell his land to a number tribal which will inevitably mean new entrants into this area.
2299 2300 of 1972.
if the alienations are permitted to the number tribals there is a danger of large scale exploitation by the new number tribal again with the result peace will be disturbed in that area.
the appellants and the interveners have by and large reiterated 13 the same companytentions before this companyrt in support of their plea that the impugned provision is unconstitutional as being violative of art.
the scheduled areas in andhra region of this state were numberified by the president through the scheduled area part a states order 1950.
testing on the touchstone of companystitutionality the present appeals have been preferred by some of the unsuccessful original writ petitioners.
it is only after the tribals were promised by the government that the land would be restored to them and the exploi tation by number tribals would be checked and after arresting the several revolutionaries peace has prevailed in several parts of the scheduled areas.
806 3161 of 1970.
some of them have acquired these lands in the remote past and some in the recent past by purchase some from the tribals and some from the number tribals.
some others have intervened upon their application for leave to intervene having been granted by this companyrt.
it is absolutely necessary to create conditions for peace and maintain peace and prevent the new number tribals from settling down in the scheduled area.
the number tribals who arrived in these areas landed in the 19th century in certain areas and the early 10th century in certain other areas found the tribals who were in occupation of these lands an easy prey for the schemes of exploitation.
these tribal companymunities were in occupation of lands and lived by shifting cultivation and gathering whatever produce that was available.
it was observed by several companymittees that the number tribals were able to find ways and means to circumvent the provisions of regulation i of 1959 by entering into benami trans actions and other clandestine transactions with unsophisticated tribals.
19 1 f of the constitution of india as it obtained at the material time till its repeal by the 44th amendment in 19793.
by the amending regulation which is number impugned all acquisitions of immovable property by transfer from tribals?
the judgment of the companyrt was delivered by thakkar j. a challenge to the validity of a provision in so far as it prohibits the transfer of any immovable property situated in the scheduled areas of andhra pradesh by a number tribal in favour of anumberher number tribal having been repelled by the high companyrt upon section 3 1 of the andhra pradesh scheduled.
n. sinha and s. madhusudan rao for the appellants.
the rates of interest charged ranged between 25 to 50 per cent and in certain cases even 100 per cent.
s. krishnamurthi iyer k. ram kumar and k. ram mohan for the respondents.
c. markandaya for the interveners.
