Samatha v State of Andhra Pradesh

Facts

• The Government of Andhra Pradesh granted mining leases over lands in Scheduled Areas to non-tribal private companies
• Samatha, a voluntary organisation working for tribal welfare, challenged these leases
• The State argued that the prohibition on transfer applied only to private transactions between individuals, not to State-granted leases
• Mining companies contended they had acquired valid rights through government action

Issue

1. Whether the grant of mining leases by the State Government over land in Scheduled Areas to non-tribal private companies constitutes a "transfer" prohibited under the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959.

Held

• All transfers of land in Scheduled Areas to non-tribals, whether by private persons or the State, are void
• The term "transfer" in the Regulation includes mining leases granted by the government
• The State is bound by the same prohibition; it cannot do indirectly what is prohibited directly
• The Regulation must be interpreted in the spirit of the Fifth Schedule which aims to protect tribal land and autonomy
• Mining operations by non-tribals destroy tribal livelihood and culture

Ratio Decidendi

The prohibition on transfer of lands in Scheduled Areas to non-tribals is absolute and applies equally to government-granted leases. The Fifth Schedule and the land transfer regulations create a protective regime for tribal communities that cannot be circumvented by State action. Any interpretation that permits the State to grant non-tribals mining rights over Scheduled Area lands would defeat the constitutional protection afforded to tribal people.