District Collector's report on the problems in scheduled areas of West Godavari district

NOTE ON THE PROBLEMS IN SCHEDULED AREAS OF

WEST GODAVARI DISTRICT

- District Collector, West Godavari District, July 1996

The Agency area in West Godavari District was declared as Scheduled Areas under the Scheduled Areas ( Part.A State ) Order, 1950. The Agency areas of West (Godavari District comprises 102 Revenue Villages of erstwhile Polavaram Taluk as against the total No. of the villages in the entire Taluk. The Agency Villages are covered by three tribal Mandals as noted below:

The total population of the tribals and non-tribals in these 102 Agency villages of three Agency Mandals in the District are as follows:

In order to prevent the exploitation of tribals from Non-tribals and prohibit the alienation of lands from tribals to Non-tribals, the Government of India enacted "Agency Tracts Interest and Land Transfer Act, 1917". It came into force from 14.8.1917.

According to this Act, any transfer of immovable properly situated within the Agency tracts by a member of hill trribe, shall be null and void unless made in favour of another member of hill tribe or with the previous consent of the Agent to the Government on any prescribed officer. By virtue of this provision, the Non-tribals purchased the lands from Tribals in certain cases with the prior permission from Agent to Government.

The Act I of 1917 was partly repealed in 1959 through Regulation I of 1959 called "The Andhra Pradesh Scheduled Area Land Transfer Regulation 1959" which came into force from 04.03.1959. It totally prohibited the transaction between Tribal and Non-tribal even with the prior permission of Agent to Government. This Regulation did not prohibit transfer of property between one Non-tribal and another Non-tribal.

The Regulation I of 1959 was amended by Regulation I of 1970 which came into force from 03.02.1970. According to this Regulation, any transfer of land in Scheduled areas by a person whether or not such a person is a member of Scheduled Tribe shall be null and void unless such transfer is made in favour of a Scheduled Tribes or a Society composed solely of Scheduled Tribes.

Under this Regulation, the burden of proof to the effect that the Provisions of the Regulation do not apply to the land transaction lies with the Non-tribals in whose favour the land transfer is effected.

Regulation 2/70 was enacted in respect of lands in Scheduled Area in respect of which no settlement has been effected. In other words, the Regulation 2/70 applies to 29 Estate Villages in Scheduled Area of West Godavari District.

As against 102 Agency Villages in the District, 29 Villages belong to erstwhile Pithapuram Estate, Gangole Estate and Gutala Estate. The Estate Villages were taken in the year 1949 under the Estate abolition Act,1948. The Survey operations in these Villages were conducted in the year 1959. The settlement of lands in these 29 Estate Villages, are covered by Regulation 2/70. The Settlement Officer, is competent to issue ryotwari Pattas to the lands covered under 29 Estate Villages.

The main reasons for the disputes between Tribals and Non-tribals in Agency area are categorised as follows:

1. The Tribals are claiming the lands classified originally at the time of survey and Settlement in the year 1932 as A.W.D. in the Settlement Register, which arc in occupation of Non-tribals on the ground that the Non-tribals are not eligible for assignment in Agency area in government villages from the year 1917.

2. The lands covered by transaction took place between Non-tribals after enactment of Regulation 1/70 should not be restored to original vendors but they should be distributed to eligible tribals as the transactions took place between one Non-tribal and other Non-tribal are null and void as per Regulation 1/70.

3. The lands classified A.W.D. in village Accounts in taken over Estate Villages should be assigned lo the Tribals only by evicting non-tribals from those lands.

The Law and order problem arose due to disputes between Tribals and Non-tribals in the 3 Mandals.

Since some time past, there is unrest among the Tribals and Non-tribals in regard to land disputes in the Agency mandals of West Godavari District namely-Polavaram, Buttaigudem, and Jeelugumilli. The Collector, West Godavari District held a meeting of Tribals, Non-tribals, Non-Government Organisations SAKTI and TARA and officers including Joint Collector, Project Officer, ITDA, Revenue Divisional Officer, Kovvur, Special Dy, Collector (Tribal Welfare) and Mandal Revenue Officers, Jeelugumilli, Buttaigudem and Polavaram Agency mandals on 17.5.96. The Honourable Member of Legislative Assembly, Polavaram Constituency Sri P. Singanna Dora was also present in the meeting. After a detailed and lengthy discussions, it is concluded that the land records should openly be read-out in the villages of the Agency Mandals where there are problems and to decide the land disputes on peaceful methods within the orbit of Land Transfer Regulations, without touching the cases pending in various courts. In order to review the progress made in this directions, a MONITORING COMMITTEE with the following is formed:-

1. Revenue Divisional Officer, Kovvur, Chair-person
2. Project Officer, ITDA/K.R.Puram. Co-Chair-person
3. "Special Dy. Collector (T.W), Member K.R.Puram
4. Mandal Revenue Officers concerned .. Member

The Committee shall meet in the meeting hall of I.T.D.A., Kotaramachandrapuram on every Monday, and Review the progress of work done during the week under Review the progress of work done during the week under review. This procedure has been accepted by one and all present in the meeting.

So far Revenue Records were openly read-out in the villages of Busarajupalli, and Tatirammannagudem in Butlayagudem Mandal, Jeelugumilli and Lankalapalli in Jeelugumilli Mandal in the presence of Tribals, Non-tribals and Non-Governmental organisations like "SAK'I'I". "TARA" etc.. During the Review Meetings, the Tribals, Non-tribals. Non-Government Organisations expressed their satisfaction over the work DONE so far. The Collector is being informed of the same by the Revenue Divisional Officer, Kovvur, who is the Chair-person of the Monitoring Committee. Hon'ble M.LA. Sri P. Singunna Dora is also making it convenient to attend the Review meetings that are being conducted and that his presence in the meeting is contributing t i a large extent to solve the disputes. This process is continuing.

The following are the details of lands assigned to tribals after the commencement of weekly meetings, in three Agency Mandals:

JEELUGUMILLI MANDALAM :

An extent of Ac. 120.00 covered by 52 L.T.R. cases has been taken possession from non-tribals and restored to tribals as per the orders of the Special Deputy Collector, K.R.Puram. Besides the above an extent of Ac. 44.38 cents was taken possession from non-tribuls and it is ready for distribution. It will be distributed to tribals after completion of survey. The survey operations are in progress. An extent of Ac. 120.72 A.W.D. was assigned to 52 tribals and an extent of Ac. 11.03 cts. of A.W.D. land is ready for assignment.

BUTTAYAGJDDEM MANDALAM :

An extent of Ac. 3.50 under L.T.R. Act has been restored to tribals as per the orders of the Special Deputy collector, T.W., K.R. Puram. Besides the above an extent of Ac. 1.72 under L.C.C. and...............................................A.W.D. land was distributed to the tribals.

POLAVARAM MANDALAM :

The Mandal Revenue officer, Polavaram has taken possession an extent of Ac. 42.39 which is classified as A.W.D. from non-tribals and prepared 26 pattas for distribution to tribals. But the tribals are refusing to take the pattas on the plea that piecemeal distribution of lands will hamper their unity and wanted to settle the Land disputes at a time and hand over the lands to them so that they will start joint cultivation. The R.D.O., Kovvur told that it is not possible and that the land will be distributed to the tribals as and when taken possession from the non tribals.

The tribals who are attending the meeting on every Monday are assuring the Committee that they would not indulge in any illegal activities in the villages and are ready to settle the land disputes peacefully. But they are not adhering to their promise and illegally trespassing into the patta lands of non tribals and taking away the produce forcibly saying that they would not stop the agitation until the A.W.D. lands situated in Agency villages are handed over to them. They are also saying that they would not allow the patta land holders also to cultivate their lands and creating Law and Order problem. Police are registering the cases On the compliants given by the non tribals and sending the F.I.Rs. to the concerned.

The Mandal Revenue Officer, Buttaigudem reported that there is an extent of about Ac. 76.87 cts. canal tank poromboke land in Busarajupalli (village) in Buttaigudem Mandal 38 Non-tribals are occupied the land and cultivating it. He issued Section 7 Notices to the encroachers, and taking action to evict the encroachers. The Mandal Revenue Officer promised the tribals that he will evict the encroachers and pattas will be issued to the eligible tribals of the village, but they refused saying that the non-tribals should not cultivate the land and that they will conduct ploughing operations in those lands.

It is not out of place to mention that SAKTI (Search for Action and Knowledge of Tribal Initiate) is a Voluntary Organisation established in the year 1985 with Regd. No. 95/86 with Headquarters at Rampachodavaram of East Godavari District and P.Sivaramakrishna M.A. native of Krishna District is the Director of SAKTI Organisation. This Organisation is basically to render help to the poor and innocent tribals residing in Agency Area. It has started its activity in the Tribal Area of West Godavari District since 1992. Sri. B. Purushotham of Buttaigudem, B. Ramakrishna of Polavaram and Ch. Saibaba of Jeelugumilli are in-charge of all these three Agency Mandals. This organisation is educating the Tribals that all the A.W.D. Lands and Government lands located in Tribal areas belong to Tribals only and they are entitled for such lands. Further, the Government lands which were granted on patta earlier to Non-Tribals also belong to Tribals and the Non-Tribals are enjoying those land without proper title and authority.

The Collector, West Godavari , visited the disputed villages on 14.7.95 and subsequently and had interaction with the Tribals and Non-Tribals.

Both the Tribals and Non-Tribals were told that they should not take Law into their hands and should not enter into the lands without authority or till the disputed land issues are settled by the competent authority, the Revenue Divisional Officer and Mandal Revenue Officers were instructed to take action to assign the vacant available land to the Tribals immediately and settle the land disputes in their purview quickly after following the procedure.