The State Government transferred mining rights in a scheduled area to one of its Corporations. One of the tribals residing in that area intends to challenge it as a violative of the A.P Scheduled Land Transfer Regulations. What are the chances of success?

1. Whether alienation of tribal lands to non tribals is valid? NO

2. Whether the transfer made by State Government is valid? YES

3. Whether transfer of mining rights to Corporations is valid? YES

4. Whether the transfer is violative of the Regulations? NO

5. Whether the State Government has a chance of success? YES

Section 3 (1) of the Andhra Pradesh Schduled Areas Land Transfer Regulation, 1959 prohibits the transfer of immovable properties situated in the scheduled areas from a member of scheduled tribes to non tribals.

Application:

This problem is related to the Prohibition of transfer of tribal lands to non tribals. Section 3 (1) of the Andhra pradesh Scheduled Areas Land Transfer Regulation, 1959 Prohibits transfer of immovable properties situated in the scheduled tribe to non tribals without previous sanction of the State Government.

Samatha Vs. State of Andhra Pradesh and Others, AIR 1997 sc 3297, the State Government, therefore is directed to ensure that all concerned industrialists, be they natural or juristic person stop forthwith mining operations within the scheduled area, except where the lease has been granted to the State Undertaking, i.e., A.P.S.M.D. Corporation. Even the State Undertaking carrying the mining operations, would be subject to the regulations under the FC Act and EP Act. It would be open to the State Government to organise Cooperative Societies composed solely of the Scheduled Tribes to exploit mining operations within the Scheduled area subject to the compliance of the FC Act and EP Act.

P.Rami Reddy Vs. State of Andhra Pradesh, AIR 1984 SC 1151, the Court upheld the validity of the laws that barred alienation of tribal lands to non tribals, and facilitated restoration of such lands to the tribals.

Conclusion:

In the instant problem, the alienation of tribal lands to non tribals is not valid. The transfer of mining rights to a Government's Corporations is valid. The transfer is not violative of the Regulations and thus the State Government has a fair chance of success.