| CITATION | AIR 1997 SC 3297, JT 1997 (6) SC 449, 1997 (4) SCALE 746 |
| DATE OF JUDGMENT | 11/07/1997 |
| COURT | Supreme Court of India |
| APPELLENT | SAMATHA |
| RESPONDENT | STATE OF ANDHRA PRADESH AND ORS. |
| BENCH | K. Ramaswamy, S. Saghir Ahmad, G.B. Pattanaik |
INTRODUCTION
In the Samatha v. State of Andhra Pradesh case concerning the leasing of tribal lands for mining and industrial use to non-tribal individuals, a social action group contested a high court decision on behalf of the affected tribal communities in the State of Andhra Pradesh. The group asserted that the leasing of tribal lands for mining activities contravened the provisions outlined in the Fifth Schedule of the Indian Constitution. The matter subsequently reached the Supreme Court for resolution.
FACTS
The Borra Reserved Forest, comprising 14 villages, is a tribal region located in Vishakhapatnam, Andhra Pradesh. The state government, however, leased this land for mining to non-tribal individuals. In response, the appellant initiated legal proceedings challenging the authority of the government to transfer tribal land to non-tribal entities for mining activities. The High Court, upon reviewing the writ petition, dismissed it, stating that existing statutes do not explicitly prohibit the government from leasing land for mining to non-tribal individuals. Consequently, the judgment favored the state. Undeterred, the appellants subsequently filed a special leave petition before the Supreme Court.
ISSUE
- Does the government possess the authority to transfer land within scheduled areas to non-tribal entities?
- Are the leases in violation of the Environment Act of 1986?
- Does the government have the legal power to issue mining leases to non-tribal individuals?
RELEVANT PROVISIONS
- The Forest Conservation Act of 1980
- The Andhra Pradesh Forest Act of 1967
- The Andhra Pradesh Scheduled Area Land Transfer Regulation (Regulation I of 1959), amended by Regulation II of 1970, hereinafter referred to as the FC Act.
JUDGMENT
The Supreme Court overturned the High Court’s decision, determining that issuing a mining lease constitutes a breach of the Andhra Pradesh Scheduled Area Land Transfer Regulation, 1959.
A directive was issued, instructing the state government to cease all mining operations conducted by industries. Additionally, a new protocol was established, requiring the state government to engage in prior consultations with the central government before making any decisions in this regard.
Furthermore, the Court ruled that 20% of the net profit must be set aside for the benefit of tribal communities. It declared all land leased by either government or private entities null and void. Consequently, the judgment favored the tribal community.
SIGNIFICANCE
This legal precedent holds significance as a pivotal check and limitation on state authority, preventing the exploitation of resources on tribal territories for commercial gain. Moreover, the Supreme Court acknowledged the crucial role of agriculture in sustaining the livelihoods of tribal individuals.
CONCLUSION
The Supreme Court provided nuanced interpretations of key terms, aiming to safeguard the rights of both tribal and non-tribal communities, including scheduled tribes. Additionally, the Court placed significant emphasis on environmental protection in its rulings.
REFERENCE
Written by Mita Sarker an intern under legal vidhiya.
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.
