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Land records to tribals

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To furnish the land information assigned wise/ village wise to SAKTI

Integrated Tribal Development Agency, Bhadrachalam.

Rc. No. CC/apl./95 Date: 19-06-1995

NOTE TO THE MANDAL REVENUE OFFICER, BHADRACHALAM

Mr. N. Jogeswararao, Sakthi voluntary organisation wants the information on land assigned to the tribals in your mandal.

Furnish the information assigned wise/ village wise to the above organisation immediately.

For PROJECT OFFICER.

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Commissioner Tribal Welfare instructed District Collector, Khammam to take over the FDC cashew plantations citing the judgement of High Court delivered in SAKTI case quashing mining leases - W.P.No.3734/93 Sakti Vs. Govt. of A.P.

GOVERNMENT OF ANDHRA PRADESH
TRIBAL WELFARE DEPARTMENT

From To
Smt. M. Chayaratan, I.A.S., The District Collector,
Commissioner of Tribal Welfare, Khammam.
Telugu Samkshema Bhavan,
Masab Tank, A.P.,
HYDERABAD 28.

Roc.No.1186/94/TRI/Rly. Dt. 19-05-1994

Sub:- TWD- LTR 1/1959-Khammam District - Aswaraopet Mandal - Auction of Cashew gardens - Contrary to the provisions of LTR 1/59 - The auction confirmed by the Vice Chairman and Managing Director APFDC, Hyderabad clarification - Regarding.

Ref:- 1. Your Lr.Rc.No.C1(M) 2845/93. Dt.19.11.1993

I am to invite your attention to the reference cited and inform that A.P.Scheduled Areas land Transfer Regulation, 1959, was extended to Aswaraopet Mandal with effect from 1.12.1963 by A.P.Scheduled Areas laws (Extension and Amendment) Regulation, 1963, of immovable property by a person to any person other than Scheduled Tribe in the Scheduled Areas is null and void. The term immovable property under Sc.2(d) of the said Regulation includes standing crops, timber and treas. In W.P.No.3734/93 a Division Bench of A.P.High Court held that 'person' includes Government Supreme Court of India in a case reported in AIR 1968 SC 360 held that the Government can not be excluded from the operation of a particular Act. The statute applies to a state too as much as it does to a citizen unless it expressly exempts the State from its operation.

In view of the above, the A.P.Forest Development Corporation Limited which is an undertaking of Government of Andhra Pradesh also consitutes a 'person' Since the A.P.Forest Developmetn Corporation Limited, is not expressly exempted from the operation of A.P.Scheduled Areas Land Transfer Regulation, 1959 the provisions of Regulation 1 of 1959 will also apply to the operations of A.P. Forest Development Corporation Limited, in Scheduled Areas. In view of the definition of the immovable property under the said Regulation which includes standing crops the open auctions, of A.P. Forest Development Corporation Limited in which the right to collect and remove cashew usufruit from cashew plantations situated in Naramvarigudem village of Aswaraopet Mandal Situated in Scheduled area are null and void under Section 3(i) (a) of A.P. Scheduled Areas Land Transfer Regulation, 1959.

Yours faithfully,
Sd/- M.Chayaratan,
Commissioner of Tribal Welfare
SF (LTR) (HA) West Godavari Collectorate,
Eluru, Dt.16.6.94

Copy communicated to the Special Deputy Collector , (TW) K.R.Puram, Revenue Divisional Officer, Kovvur, Mandal Revenue Officer, Polavaram, Butaigudem, Jeelugumili for information and guidence. In future.

Sd/-B.Venkateswararao,
for Collector

To
The above officers,
Copy to H1.Clerk,
3 spare copies to H4, clerk.

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Distribution of land in Sattupalli to tribals
CM orders distribution of land of Sattupalli to tribals
By our Staff Reporter

The Chief Minister, Mr. N.Chandrababu Naidu, has ordered distribution of 1,600 acres of land at Sattupalli in Khammam district owned by the A.P.Forest Development Corporation to tribals immediately after acquiring it from a private party which is enjoying it on the strength of a lease deed.

Mr. Naidu was speaking to the Project Directors and Joint Collectors at a teleconference here on Friday. The Sattupalli land figured when the Project Director of Palwancha in Khammam district complained that the land was occupied by tribals in the area . The Chief Minister who appeared irked at the attitude of the officials, asked him to distribute the land to the girijans by cancelling the lease. He could launch legal proceedings if the situation so warranted, Mr. Naidu said, insisting on distribution through Vana Samarakshna Samitis.

he Hindu, Saturday, June 12, 1999

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Cashew plantations were handed over to tribals

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

APFDC LIMITED - Sale of Cashew usufruct by A.P. Forest Development Corporation Limited - Formation of Co-operative of Tribals for sale of Cashew usufruct at Naramvarigudem Cashew Plantations in Khammam District - Orders - Issued.

--------------------------------------------------------------------------------------------------------------

ENVIRONMENT FORESTS SCIENCE AND TECHNOLOGY (S&T) DEPARTMENT
G.O.Rt.No.523 Dated: 01-12-1999

Read:-

From the V.C. & M.D., A.P.F.D.Ltd., Hyderabad Lr.No.Ref.OP.003/99, Dt.29.4.99

***

ORDER :

In the circumstances reported by the Vice Chairman and Managing Director, A.P.Forest Development Corporation Limited, Hyderabad in his letter read above, the matter pertaining to handing over of the Cashew Plantations of the A.P. forest Development Corporation Limited at Naramvarigudem village of Aswaraopeta Mandal, Khammam District to the Vana Samrakshana Samithis on grounds similar to that of landing over usufructuary rights of Beedi leaf units to Vana Samrakshana Samithis as per the orders issued in G.O.Ms.No.66 Environment Forests, Science and Technology (For.III) Department dated: 4.5.99, was discussed in a meeting held on 28.6.99 at 3.00 P.M. in the Chambers of the Chief Secretary. Since these plantations are raised and maintained by A.P.Forest Development Corporation Limited at heavy investments, it was decided to form a Tribal Co-operative of the Tribals in neighbourhood villages of the Plantations and to sanction them the license for collection of Cashew fruit (usufruct) from the plantations on payment of an amount as remuneration to the A.P.Forest Development Corporation Limited to continue to earn returns on the investments made by them and maintain plantations at good health.

Accordingly Government hereby request the Vice Chairman and Managing Director, A.P.Forest Development Corporation Limited, Hyderabad to take action for sanctioning license to collect the cashew usufruct to co-operatives of Tribals from the nighbourhood villages of Naramvarigudem Cashew Plantations being maintained by the Corporation at Naramvarigudem village of Aswaraopeta mandal, Khammam District on the following terms and conditions:

1. The tribal Co-operative should pay the Forest Development Corporation an amount which will not be less than the average price obtained by A.P.Forest Development Corporation Limited on the preceding 3 years for sanctioning license for collection rights of Cashew usufruct.

2. The benefit of general/inflation is to be shared both by the Forest Development Corporation and the Tribal Co-operative, by enhancing the rates from year to year basis, so that the income of Forest Development Corporation Limited is not static.

3. The Forest Development Corporation Limited will continue to maintain the plantations as per the existing maintenance schedule.

The Collector, Khammam District is requested to workout the modalities for formation of Co-operative of Tribals in consultation with the Social Welfare Department and take action to implement the scheme within 30 days and report compliance to Government.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

V.P.JAUHARI,
PRINCIPAL SECRETARY TO GOVERNMENT

To
The Vice Chairman and Managing Director,
A.P.Forest Development Corporation Limited, Hyderabad ,
The Principal Chief Conservator of Forests, Hyderabad ,
The Principal Secretary, Social Welfare Department,
The Collector, Khammam,

Copy to:
The P.O., ITDA, Paloncha,
P.S. to C.S.,
P.S. to Prl.Secy,
P.S. to S.s. (For)

SF/SC.

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