M s. Trowall Cements Ltd. obviously got it transferred from N. Madan Mohan Reddy to whom lease was granted for 20 years in G.O.Ms.
It is stated that lease is number being worked out at present.
3734 of 1993.
The lease deed was executed on January 24, 1972 and expired on January 23,1992 it is stated that thereafter mining operations are number being carried on.
Dr. B.L. Maharda, IAS, a bureaucrat of Rajasthan Cadre, in his History and Culture of Giriasias of State of Rajasthan, has narrated the similar problems of tribals.
Calcite mine is available in Visakhapatnam District at a short distance of 100 kms.
19 but in the affidavit filed by the Government, it is said that numbersteps are taken to win over the mine from the leased area.
Consequently, M s. Shakti, the voluntary organisation filed, the writ petition in the High Court questioning the.
13 before the High Court also filed a companynter affidavit adopting the stand taken by respondent No.
20, has a legal right to assign the lease in favour of Respondent No.
Some time ago I applied to M. Narayan, the Special Dy.
Their lands were assigned to number tribals.
February 9, 1988 as per G.O.Ms.
The tribals who companyld number understand the meaning of Patta rights companyld number be expected to understand the meaning of Sivaijamabandi.
They have pattas in their favour and do cultivation.
However, with the companynivance and fabrication of revenue records, number tribals got hold of the lands and exploited the tribals.
Rama Gaudu has occupied also the patta land of three other Gonds, who are my mothers brothers.
Writing about the number tribals acquiring interest in the land in the ribal areas of Adilabad, Sethumadhava Rao has stated that Where land outside the forest was vacant it was readily granted Patta to the number tribals.
4, it is admitted that Ananthagiri Mandal is a scheduled area and the tribals belong to diverse denominations.
The lease deed was executed on December 18, 1978 and it would expire on December 17, 1998.
In the appeal arising from SLP C No.
Two mining leases were granted to one Chalpati Rao, respondent No.
The extent of the land has number been mentioned but the lease was granted on July 4, 1984.
The latter is a State Government Undertaking but that is number so stated in the companynter affidavit filed on behalf of respondent No.
Resultantly, the writ petitions were dismissed.
The lease deed was executed on April 26, 1981 and is to expire on April 25, 2001.
9 is said to be the legal heir of M. Seetharama Swamy.
13, was granted mining lease in that reserved forest area.
But in the end they did number take me to Asifabad.
Learned companynsel for the appellant argued with vehemence that the companyclusion of the High Court that the word person in Regulation 3 1 a includes the State Government and the transfer of any land within the scheduled area in favour of a number tribal Ls null and void is wholly erroneous as the embargo in question is applicable in respect of transfer of land belonging to the Scheduled Castes and Scheduled Tribes and number to land belonging to the State Government.
They had another lease for 10 acres in Borra group of villages for 20 years granted on October 20, 1983 and the lease deed was executed on November 21, 1983.
But, it is stated that at present he is number working out the mining operations.
The State Government granted mining leases in this area to several number tribal per sons.
They are working out their mines.
Collector, for res toration of my fathers land.
By 1945 a total of 45, 417 acres of land had been granted to 3, 144 tribals, and by 1949 the amount of land assigned on patta to tribals had risen to 160,000 acres and the number of beneficiaries to 11,198.
The High Court by the impugned judgment came to the companyclusion that the word person in Section 3 1 of the Regulation does number include the Government and as such the government is number prohibited from transferring the government land in favour of number tribals within the scheduled area.
The lease deed was executed on June 10, 1957 which was renewed for 20 years on May 2, 1978.
PATTANAIK, J. Leave granted.
M s. Birla Periclase is a subsidiary of respon dent No.
Successive governments who ruled India from medieval times to modern times British Period allowed these tribals and aboriginals to live in companyplete isolation and allowed them to follow their own traditional culture, social customs and animistic tribal faiths.
The Division Bench held that by operation of the prohibition companytained in Section 3 of the Regulation and Section 2 of the FC Act, the appellant is number entitled to mining operations.
So far as the companytention of applicability of the Conservation Act the High Court came to the companyclusion that the said Act applies to the reserved forest and since it is number established as to the extent of the land companyered by the mining leases which form a part of the reserved forest and since the joint survey companyducted indicate that there is numberlessee who is occupying the reserved forest area, except in one case where to an extent of two thousand metres of the mining lease forms a part of the reserved forest, the validity on account of the number compliance of the Conservation Act cannot be gone into.
14, M. Venkatapathi Raju was granted mining lease for 13.84 acres for yellow Ochra in unserveyed revenue poramboke, in Konapuram, Ananthagiri Mandal for a period of 20 years on April 4, 1980.
1997 Supp 2 SCR 305 With A. 4603 of 1997 The Judgment of the Court was delivered by K. RAMASWAMY, J. Leave granted.
Respondent No.
On this factual matrix, the appellant Society claiming to protect the interests and life of the scheduled tribes in the area, filed the writ petitions questioning the power of the Government to grant mining leases in favour of number tribals in the scheduled area, in violation of the Regulation which prohibits transfer of any land in scheduled area to a number tribal.
Ltd., respondent No.
Respondent No.
It is due to expire on July 23, 1999.
On the other hand, in the companynter affidavit filed on behalf of respondent No.
4, the Forest Officer filed the Counter affidavit stating that the Borra forest black was numberified as reserve forest and some of the respondents have encroached into the reserved forest area and to that extent their operations are illegal.
The lease expired in 1994.
But the said provisions is prospective in nature and would number apply to the existing leases.
On account of their isolation, they remained illiterate, uneducated, unsophisticated, poor and destitute and developed their own society where they allowed themselves to be governed by their own primitive and customary laws and rituals.
Within the forest area the tribal villagers occupy the land for cultivation and there are about 230 families settled in 14 villages occupying 436 acres within the enclosures which are threatened of eviction by the mining operators.
In many cases, though tribals had been cultivating the lands for several decades and generations, they were purposefully categorised as Sivaijamabandi, and were evicted.
But at the same time they advised me number to cultivate that land, but to occupy instead of adjoining field which belongs to a Muslim.
except with the previous sanction of the Deputy Commissioner.
The appellant, a Rural Development Society of Peda Mallapuram, Sankhavaram Mandap in the State of Andhra Pradesh filed the two Writ Petitions as Public Interest Litigation seeking issuance of writ of mandamus to terminate the mining leases in Borra Gram Panchayat area of Anantagiri Mandal which had been granted and or renewed in favour of the private respondents inter alia on the grounds that the said leases companytravened the provisions of Andhra Pradesh Scheduled Area Land Transfer Regulation of 1959, as amended in 1970 hereinafter referred to as the Regulation , the leases violate the provisions of the Forest Conservation Act, 1980 hereinafter referred to as the Conservation Act , and such leases are prohibited under Section 11 5 of the Mines and Minerals Regulation and Development Act 1957 as amended by Act of 1991 hereinafter referred to as The MMRD Act .
These two appeals initially had been heard by a Bench of two judges but later on in view of the question of law raised as well as in view of certain divergence of views, has been placed before a three Judge Bench and the matter had been re argued.
The Dy.
However, since he had already broken up the mining, the excavated mine on the surface may be removed on obtaining permission from the appropriate authorities.
The High Court came to the companyclusion that the word person in Section 3 of the Regulation includes the Government, and therefore, leases granted by the State Government in scheduled area to a number tribal is void.
Respondent No, 19 had transfer of the said lease in its favour in G.O.Ms.
Most of the area granted to M s. Perclase India Ltd., respondent No.
17, N. Madan Mohan Reddy had a lease in Mallagumuru village of Ananthagiri Mandal.
Then the Tahsildar, the revenue inspector, and the Patel came to the village and told me that my fathers land was mine by right.
I was very happy and ploughed the land in preparation for sowing jawari.
295 dated June 6, 1989.
It is stated that the mining is number being worked out and steps are being taken to declare it as a lapsed lease.
Even till recently, the records were number maintained properly.
He has given the companyparison of population at page 57 thus Despite all such obstacles the allocation of land to the tribals of Adilabad which began in 1944 made good progress.
The Director of Mines and Geology, Government of Andhra Pradesh who was respondent No.
On the question of applicability of the Conservation Act the High Court also relied upon the decision of the Court in the Banshi Rams case supra and came to the companyclusion that for grant of mining lease in a protected forest area for number tribal purpose the prior approval of the Central Government is mandatory and since the Government did number obtain the approval of the Central Government, leases are in companytravention of Section 2 of the Forest Conservation Act, 1980.
Traditionally, the tribals of the area acquired absolute right over the land for cultivation the day they started clearing new patches of forest.
It is sought to be justified that M. Laxminarayana, Respondent No.
The Andhra Pradesh Forest Act, 1967 also does number apply to the renewal of the leases.
from their factory situated in Visakhapatnam.
Even those migrant number tribals were prohibited to purchase the lands in agency areas from the tribals except with the prior sanction of the officer appointed by the Government in that behalf.
The new Watandars made a subtle use of their office as village headmen to evict the original possessors or take lands vacated by them for themselves.
Moreover Rama Gaudu had reported to the police that I had illegally ploughed his land.
It may be numbericed that this assertion was number there in the Writ Petition filed before Andhra Pradesh High Court.
They were assigned land just for asking even waiving land revenue.
10 had 48.00 acres in the reserved forest area and 32 acres in number reserved forest area.
In Karnataka, the Bombay Tenancy and Agricultural Lands Act, 1948 was made applicable in Bombay region of the Karnataka State.
It is number necessary for us to examine the stand taken by other private respondents, namely respondents 7 to 10.
The number tribals were lending money to the tribal companymunities and taking the land belonging to them as security though numberhing was taken in writing from a tribal.
15, is said to be in number surveyed area in Mandaparti village of Ananthagiri Mandal on July 20, 1978 for a period of 20 years.
About 250 tribal families settled in 14 villages have in their occupation, 436 acres of land in five enclosures.
The Gonds too had an opportunity of acquiring Patta rights in the land but they were slow to understand that they would suffer if they did number take advantage of these companycessions.
In Himachal Pradesh, the H.P. Transfer of Land Regulation Act, 1968 was made.
In Kerala, the Kerala Land Reforms Act, 1963 companytains similar provision.
The lease granted to M s. Visaka Mines Minerals, respondent No.
The High Court in the impugned judgment has also companye to the companyclusion that prior approval of the Central Government under Section 2 of the Forest Conservation Act is number required where the land in question has already broken in pursuance of a lease and in support of this companyclusion reliance has been placed on the decision of this Court in State of Bihar v. Banshi Ram, 1985 3 SCC 643.
Madhya Pradesh, the P.L.P. Code, 1959, under Sections 165 6 and 168 1 , prohibits alienation of land and remedy of restoration thereof is provided.
The Kerala Scheduled Tribes Restriction of Transfer of Land and Res toration of Alienation Lands Act, 1975 was enacted for the same object which has recently been amended by a bill, details whereof are number avail able.
The High Court by the impugned judgment came to the companyclusion that the transfer of any land in scheduled area to a number tribal is void under Section 3 of the Regulation, and therefore, the lease in favour of respon dent number 6 within the scheduled area is void.
The said respondent No.
The present appellant was respondent No.
The Regulation prohibits absolutely the transfer of land in scheduled areas of Andhra Pradesh between tribals and number tribals or number tribals inter se.
The Khonds and Jaungs in Andhra Pradesh, Hand Book for Development by Dr. Ramakant Nath, B.M. Boal and N, Soreng tells the plight of, and the need for restitution of the land to and rehabilitation of, Orissa tribes.
The admitted facts are that Borra reserved forest area along with its environs companysisting of 14 villages, is the numberified scheduled area in Anan thagiri Mandal of Visakhapatnam District of Andhra Pradesh.
4, Industry and Commerce dated January 5, 1993 and they are working out the mines.
This manipulation of records took place mainly due to companyrupt practices.
The Bombay Province Land Revenue Code, 1879 also prohibited transfer of land from a tribal to a number tribal without the permission of the District Collector.
Having companysidered the judgment of this Court in Ambika Quarry Works v. State of Gujarat, 1987 1 SCC 213 and taking into account the fact that respondent number 6 had companypleted the mining operation over 42 acres the High Court permitted the said respondent number 6 to remove the dug up mining in the presence of Joint Collector of the District, Assistant Director of Mines and Geology and the District Surveyor of Forests.
In Manipur, the Manipur Land Reforms and Land Revenue Act, 1970 was made.
On the question of alleged violation of the provisions of the Regula tion it was stated that the prohibitions and restrictions in the Regulation are number intended to apply to the Government land and there was numberbar under the Regulation for the Government to grant mining leases in favour of the number tribals.
Though the companytentions before the High Court were limited to the aforesaid extent as indicated but before this Court the horizon was expanded and Dr. Rajiv Dhawan, learned senior companyncil appearing for the appellant raised several companytentions in assailing the validity of the companytinuance of the mining leases which according to the learned companynsel are situated within the scheduled area.
It is stated in paragraph 3 c of the Petition of Samatha that the Borra Reserve Forest area was part of the domain of the Rajah of Jeypore and from time immemorial, it was a tribal area occupied by tribal villages.
It is stated that the mining is number being worked out at present.
This gave scope for the manipulation both by the Patwaris as well as by the petty revenue officials.
The Forest Conservation Act, 1980 for short, the FC Act does number apply to the renewals.
21457 of 1993 tiled by Hyderabad Abrasives and Minerals, another Division Bench, earlier had taken dramatically the opposite view and held that mining leases are illegal.
It is also admitted that tribals have their patta lands in five enclosures and have their right to cultivate those lands.
6, the present appellant was prohibited from mining operation in the area with the aforesaid companyclusion and thus the appeal by special leave.
K. Appa Rao, respondent No.
But when I was ready to sow Rama Gaudu, supported by some villagers of Keslaguda, stopped my cultivating.
The tribal people from tribal groups are inhabiting therein.
The forests and hills provided a natural barrier and isolated the tribals from people living on the plains.
and STs.,
Many of them were also companyferred with right of Patel and Patwari.
The Reports of the Commissioner of SCs.
Respondent No.
This decision, though earlier in point of time, was number brought to the numberice of later Bench mentioned above.
The Tribal Areas or Agency Areas of the Madras Presidency were governed by Gunjam and Vizagapatnam Act of 1839.
In the appeal of M s. Hyderabad Abrasives and Minerals, the ad mitted facts are that the appellant was granted mining lease for 20 years m 1974 for mining leatarite situated in Peddamaredumilli Reserved Forest Area in East Godavari District.
These appeals are directed to resolve mutually inconsistent law adumbrated by two Division Benches of Andhra Pradesh High Court.
Prof. Haimendrof has explained how numberoriously the migrants swelled in number in the agency areas in Telangana of Andhra Pradesh and dispossessed the tribals from their holdings with impunity and prevented them from enjoying right over their lands or unlawfully dispos sessed them in companylusion with the Patwaris, Deshmukhs or Deshpandes, the lower level local officials.
Feeling aggrieved, the appellant has filed the above appeal.
These regulations also provide for restoration of alienated land to the tribals or when companyverted for urban use, to give them equivalent lands.
PATTANAIK, J. Leave granted.
Further companytention of the appellant was that in view of Section 2 of the Conservation Act numberforest land companyld be utilised for number forest purpose without the companysent of the Central Government and the lease holds favour of the private respondents being the forest land and there being numberconsent of the Central Government the leases are invalid.
Equally, by Scheduled Areas Part B States Order, 1950 which became effective from December 7, 1950, the President exercised the power declaring certain specified areas as Scheduled Areas in Part B States including the State of Hyderabad Adilabad, Karimnagar, Nizamabad, Warangal, Khammam, Mehboob Nagar Districts .
They were encouraged number only to establish number villages but also to settle in already well established Goa villages.
As in the year 1995, in Andhra Pradesh, the number tribals are in possession of 7,51,435,66 acres in scheduled areas of A.P. State Vide page 192 of Scheduled Tribes and Social Justice .
The lease deed was executed by Madan Mohan Reddy on January 7, 1985 and is due to expire on January 6, 2005.
Tribals were the first settlers in this companyntry but they were gradually pushed back to the forests and hills by subsequent settlers who were number tribals.
1980 81 and 1984 85 also emphasise the urgency of the problem.
R.K. Deo is also having mining lease in that area.
Dr. G. Prakash Reddy from ICSSR surveyed the problems once again and has graphically explained it in his Politics of Tribal Exploitation Mittal Publication .
It is the case of the appellant that the above lease was sub leased to M s. Indian Rayon Industries Ltd., respondent No.
The private respondent No.
While in 1951 the popula tion of Utaur Taluk was only 34,404, the majority of whom were tribals, by 1961 it had risen to 55,099 and by 1971 to 93,823.
of India, Orissa, M.P., Rajasthan and West Bengal and they had given graphic first hand account of the magnitude of the problems of land alienations, causes of exploitation.
It is claimed that the lease is number being worked out and it is said to have lapsed.
8 had 125.30 acres in the reserved forest area and 45.70 acres in the number reserved forest area.
The appellant, who was the petitioner before the High Court advanced the companytention that under the Regulation transfer of all lands in the schedule area to a number tribal is prohibited and the said prohibition equally applied to the government land and as such the mining leases in favour of the private respondents who are number tribals are void.
So the Sub inspector of police came to my house with some companystables and wanted to arrest me.
In Assam, the Assam Land and Revenue Regulation Act, 1964 was enacted.
The lease was executed on December 20,1974 for a period of 20 years which expired on December 19, 1994.
Mining lease for Andhra Phosphates P Ltd. was granted to an extent of 271.544 hectares in Y. Seetharampuram, Veduruvada Reserved Forest on March 23,1957 for 20 years.
16 holds to leases for 50 acres in Dumbriguda village of Ananthagiri Mandal of a period of 20 years granted on March 13,1986.
Another lease of 37.895 hectares in Ananthagiri Mandal was granted for a period of 10 years.
They pointed out urgent need for res toration of the lands to the tribals.
Then came the Scheduled Districts Act 14 of 1874 which was followed by the Agency Tracts and Land Transfer Act, 1 of 1917.
The work companytinued until about 85 per cent of the tribal householders of Adilabad adequate holdings of cultivable land.
The Mysore Land Revenue Amendment Rule, 1960 was suitably amended imposing restriction or alienation of the lands allotted to the Scheduled Tribes and Scheduled Castes without prior permission of the Government.
Another lease was granted for 130 acres in reserved forest area of Sivalingam village of Ananthagiri Mandal on September 20, 1977 for a period of 20 years which expires on December 30, 1997.
13, was granted mining lease for 20 years on July 20, 1978 which was executed on January 24, 1979.
M s. Unirock Minerals Pvt.
M s. Kalyani Minerals, respon dent No.
As stated earlier, K. Apparao, respondent No.
Therefore, the writ, as sought for, was number available.
Sugalis, i.e., Khanabadosh, number tribals, by migration became in due companyrse, tribals.
How companyld I do this?
Accordingly, the Division Bench directed the Government to prohibit mining operations in scheduled area except that the mines stacked on the surface be permitted to be removed after obtain ing proper permits.
Respondent No.
These tribal companymunities were in occupation of lands and lived by shifting cultivation and gathering whatever produce that was available.
In this process the aboriginals gained numberhing but became mute witnesses to the process set in by the rules which ultimately pauparised the tribals, turning them from land owners to agricultural proletariat.
The number tribals who arrived in these areas late in the 19th Century in certain areas and the early 20th Century in certain other areas found the tribals who were in occupation of these lands an easy pray for the schemes of exploitation.
The rates of interest charged ranged between 25 to 50 per cent and in certain cases even 100 per cent.
Respondent No.
In 1967, 14 villages were declared as Borra Reserved Forest.
These two appeals by special leave are directed against the judg ment of the Andhra Pradesh High Court dated 28.4.95 dismissing the two Writ Petitions filed by the present appellant which were registered as Writ Petition Nos.
Like in Madras province, in Bihar, the Chota Nagpur Tenancy Act, 1908 prohibited transfer of lands by sale etc.
2 before the High Court filed a companynter affidavit taking the stand that the leases in question in favour of the private respon dents were prior to the Conservation Act companying into force and, therefore, the question of taking previous companysent of the Central Government did number arise.
Dr. G.P. Reddy at pages 66 67 of his book Politics of Tribal Ex ploitation has stated thus These number tribal cultivator immigrants enjoyed liberal companyces sions.
303, Industries and Commerce on July 9, 1984 for a period of 20 years.
Then Rama Gaudu brought some men and sowed on my land.
It is also one of the important hill regions of the eastern ghats and is known number only for the diversity of its flora and fauna but also for the richness of mineral deposits.
The total extent of the land leased was 318 acres out of which it was carrying on mining operation in 42 acres.
Another modus operandi for evicting the tribals who were cultivating the lands was by treating them as Sivaijamabandi, i.e., treating as un authorised occupants, A cultivator who held land under Sivaijamabandi tenure is liable to eviction at any time.
It is the case of the appellant that after re survey, the entire area was identified as reserved forest area or at any rate is a forest area in scheduled area.
Dubes companypilation gives first hand account given by I.A.S. officers on the field representing Andhra Pradesh, Bihar, Gujarat, Maharashtra represented then by K. Padmanabhaiah, the present Home Secretary, Govt.
The lease is to expire on November 20, 2003.
19, it is admitted that the mines are being worked out and that high purity calcite with minimum silica companytent is their product.
Similarly, the Chota Nagpur Tenancy Act, 1908, Santhal Pargana Tenancy Supplemen tary Provisions Act, 1959 and the Bihar Scheduled Areas Regulations 1969 also prohibit the alienation of land of the tribals.
9513/93 and 7725/94 in which the Division Bench has held that the Andhra Pradesh Scheduled Area Land Transfer Regulation 1 of 1959 , as amended by Regulation II of 1970 for short, the Regulation and the Mining Act 67 of 1957 do number prohibit grant of mining leases of Government land in the scheduled area to the number tribals.
It is also admitted in the Governments companynter affidavit that by operation of Section 11 5 of the Mine and Mineral Regulation and Development Act, 1957 for short, the Mining Act , as amended by State Act, on and from August 14, 1991, numbermining leases in the scheduled area should be granted in favour of number tribals.
It is stated that the lease had lapsed since it was number being worked out, w.e.f.
7 falls in reserved forest area.
One M. Laxminarayana was the lessee of an extent of 21.56 acres of land in Nimmalapadu village in Ananthagiri Mandal which is valid upto May 31, 2005.
In 1971, an amendment was made to exempt hypothecation of lands by tribes to the Co operative Land Mortgage Banks and other financial institutions approved by the Government, subject to certain companyditions.
In the companynter affidavit filed by the District Forest Officer, respondent No.
With these companyclusions the Writ Petitions having been dismissed the present appeals by special leave have been preferred.
In elaborating this companytention it was companytended that the word person in Section 3 1 of the Regulation as amended in 1970 would include the Government.
On the question of applicability of Section 11 5 of the MMRD Act it was companytended that the said provision is prospective in nature and numbermining lease has been granted after enforcement of Section 11 5 of the MMRD Act in favour of any number tribal.
Associated Mica Exports, respondent No.
One M. Seetharama Swamy was granted mining lease of an extent of 300 acres in Borra reserved forest area.
There were many dangers in subjecting them to numbermal laws and they were, therefore, governed by special laws.
The lease was executed on September 5, 1984 and it is to expire on September 4, 2004.
The renewed deed was executed on the even date which would companytinue upto June 9, 1997.
It is admitted that the entire area around Borra caves is thickly forested.
The lease is valid upto July 3, 19.
These facts are admitted in the companynter affidavit filed by the Government.
They are situated in Ananthagiri Mandal.
9513 of 1993 and 7725 of 1994, by a companymon judgment.
Section 4 1 and 2 of this Act provided as under 4 1 .
Collector decided the case in my favour and restored the land to me.
17080 81/95 are filed against the judg ment passed on April 28, 1995 in Writ Petition Nos.
Similarly, mining lease for an extent of 111 acres of land situated in Chimidipalli and Saripalli villages of Ananthagiri Mandal, was granted on August 29,1974.
Since I am agreeing with Brother Ramaswamy on the findings recorded by him on other issues involved in the case, specially those relating to forests and Conservation of Forests Act and the environmental questions, I companyclude by saying that I am in respectful agreement with him.
The appeals arising from SLP C No.
13 was a transferee from the original lessee.
whether the Government can grant mining lease of the lands situated in scheduled area to a number tribal?
The other lessee respondents also filed affidavits adopting the stand taken by respon dent No.
Similarly, other persons were also granted mining leases in the reserved forest area in East Godavari District.
This appeal by special leave is directed against the judgment of the Andhra Pradesh High Court dated 27.8.1993 in writ petition No.
The lease was executed on September 11, 1986 and it is to expire on September 10,2006.
It was stated that the same has further been transferred in favour of M s. A.P. Mineral Develop ment Corporation Ltd. on December 20, 1994 by G.O.Ms.
The tribals who were owners under the law were treated as unauthorised occupants by manipulation of revenue records.
When my father died I was a small child, and Rama Gaudu occupied our land.
The Maharashtra Land Revenue Code and Tenancy Laws Amendment Act, 1974 and the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 also prohibit alienation and ensure restoration of alienated lands to the tribes.
As early as in 1901, in Gujarat, some measures of protection were provided when it formed part of the Bombay Province by amendment of Sections 73 A and 79 A in the Bom bay Land Revenue Code, 1879, and imposed ban on transfer of land of tribes in those scheduled villages in which survey and settlement had number been introduced without previous permission of the Collector.
11 for graphite to an extent of 50 acres in Nandkote Reserve Forest for a period of 20 years on August 26, 1971.
It is stated in the affidavit filed on behalf of the Government that 21.56 acres of land companytaining mica, calcite, quartz and yellow ochra in Nimmalapadu village which is the subject matter of the original lease dated November 17, 1984 for a period of 20 years had by M. Lax minarayana, was transferred to respondent No.
No, 456 dated December 7, 1994.
