Note on issues related to land disputes between the tribals and non-tribals in WG district
GOVERNMENT OF ANDHRA PRADESH

NOTE ON THE ISSUES RELATED TO LAND DISPUTES BETWEEN THE TRIBALS AND NON-TRIBALS IN WEST GODAVARI DISTRICT.

Date: 17-02-1997

Time: 3.30 PM

Venue: Chief Minister's chambers

SECRETARIAT
SOCIAL WELFARE DEPARTMENT

NOTE ON THE ISSUES RELATED TO LAND DISPUTES BETWEEN THE TRIBALS AND NON-TRIBALS IN WEST GODAVARI DISTRICT .

INTRODUCTION:

In the West Godavari district, the mandals of Polavaram, Buttayagudem and Jeelugumilli are having Scheduled villages. There are a total number of 101 Scheduled villages in these three mandals as shown below:

The total population of these Mandals is 92,479 (1991 Census) out of which the population of Tribals is 36,768 (40%)

STATUTORY REGULATIONS:

The agency area in West Godavari district was declared as a Scheduled Area under the Scheduled Areas (Part-A State) Order 1950 by the President of India. The tribal areas are mainly inhabited by tribals and their main occupation is agriculture. The Agency Tracts Interest and Land Transfer Act 1917 allowed transfer of immovable property situated In agency tracts by a member of a hill tribe to another member who is not a hill tribe, only with the previous consent of the Agent to the Government or any prescribed officer. By virtue of this provision, the non-trlbals purchased lands from the tribals. As such, a large number of non-tribals could acquire landed property in these areas and hence there is an increase in the non-tribal population. This Act of 1917 did not prohibit transfer of immovable property between a non-tribal and another non-tribal. The Act of 1917 was . repealed in 1959 by Regulation 1 of 1959 called "The Andhra Pradesh Scheduled Area Land Transfer Regulation 1959" which came into force from 4.3.1959. It totally prohibited the transfer of land between a tribal and non-tribal, even with the prior permission of the Agent to Government, but did not prohibit transfer of property between a non-tribal and another non-tribal. The Regulation 1 of 1959 was amended by Regulation 1 of 1970 which came into force from 3.2.1970. According to this Regulation, any transfer of land, even between a non-tribal and another non-tribal was also prohibited.

In the 101 Agency villages in the district, 28 villages belong to erstwhile Estates. In these villages the land holder used to give pattas to the cultivators for the land actually brought under cultivation and collect rents from them. At the time of Abolition of Estates, they have given pattas in several cases for waste lands also. All these cases of assignment made by the land holders have to be enquired into by the ,Settlement Officer under Regulation 2 of 1970 of A.P. Scheduled Areas Ryotwari Settlement .Regulation.

The Government in G.O.Ms.129, Social Welfare Department, dated 13.8.1979 permitted all non-tribal landless poor in occupation of lands in the Scheduled Areas upto 5 acres of wet lands or 10 acres of dry land to continue their possession. They were not to be evicted under the provisions of the A.P. Scheduled Areas Land Transfer Regulation 1959. This G.O. was quashed by the High Court in W.P.No. 1755 of 1980 by an order dated 5.12.1984 which was communicated by the Government to all the Collectors vide Govt. Memo No. 1412/F1/80-18, dated 7.2.1985 of Social Welfare Department. Hence, the tribals only are eligible for grant of assignment of Government land in Agency areas.

Meanwhile as the matter stood thus, some of the non-tribals of these areas filed W.Ps. in the High Court mainly questioning the Inclusion of certain villages in the scheduled areas on the ground that the present population of these villages has a majority of non-tribals rather than tribals and that even earlier the position was not different. Government have initiated action to file the necessary counter with all the relevant data and orders issued by the Govt. of India and Erstwhile Madras State from time to time, declaring certain areas as Scheduled Areas.

The tribals of these areas have been mainly demanding that since the last enjoyment survey was conducted for these areas in the year 1933 and since then the, ownership of land with the tribals has been decreasing, the ownership of lands should be restored to them as per the Re-settlement Register of 1902. The position however is that subsequently two more legislations have been made i.e. Andhra Pradesh Land Transfer. Regulation of 1959 and A.P. Scheduled Areas Ryotwari Settlement Regulation of 1970.

Another demand of the tribals is to assign Government (Assessed Waste Dry and Poramboke) lands only to the tribals by sanction of pattas. The factual position is that some of these lands are under the occupation of non-tribals, some of whom are also small and marginal farmers.

SPECIAL MEASURES TAKEN SINCE AUGUST 1996:

A direct clash of tribals and non-tribals took place on 5.8.1996 at Busarajupalli in Buttayagudem Mandal when /non-1ribals gathered in support of S.Ce., who were not allowed to cultivate their lands by the tribals. As the tension mounted both the sides attacked each other. On receiving information of these clashes, the District Collector and Superintendent of Police rushed to the spot and after persuasion of both the sides, the situation was brought under control.

The matter was immediately reviewed by the Hon'ble Chief Minister at a meeting held on 6.8.1996 with the Ministers of Home, Tribal Welfare, P.R. & R.D. Departments and senior officials. Pursuant to the decisions taken in the meeting, the following action was initiated:-

1. A Settlement Court at Kovvur was sanction by the Government vide G.O.Ms.No.661, Revenue, dt. 9.8.96 for the speedy disposal of pending settlement cases.

2. Two special teams consisting of Revenue and Survey officials headed by a Deputy Tahsildar were constituted to enquire into the petitions pertaining to land problems in the two Agency mandals of Jeelugumilli and Buttayagudem.

3. The Home Department was directed to post additional forces in these Mandals to prevent further clashes.

4 . A. batch of 32 Writ Petitions pending in the High Court filed by the non-tribals requesting for deletion of certain villages from the Scheduled Areas was entrusted to the Additional Advocate General with a request to expedite the disposal of the batch of W.Ps .

5. The Collector, West Godavari district was delegated necessary authority to deal with the situation in accordance with the law and to the best of his judgement to maintain harmony between tribals and non-tribals.

Further incidents are reported to have occured on the following dates in Buttayagudem and Jeelugumilli Mandals:-

14.12.1996: About 300 tribals tresspassed into the lands of non-tribals in Buttayagudem and Reddiganapavaram in villages of Buttayagudem mandal .

28.12.1996: Tension prevailed again in Reddyganapavaram and neighbouring villages of Buttayagudem manda1. Section 14 4 under C r .P. C . was promulgated.

30.12.1996: Tension persisted between tribals and non-tribals of Dharbagudem and Panduvarigudem villages of Jeelugumilli mandal. Situation was brought under control after discussions were held with both the sides by the R.D.O., Kovvuru.

The Hon'ble Chief Minster and the Chief Secretary have held periodical and regular reviews to monitor the situation and take necessary steps for the prevention of such clashes and for the settlement of the disputes. In the meeting held on 30.12.1996 by the Chief Secretary with the senior officers of the Revenue and Social Welfare Departments, Commissioner, Survey and Settlement, Law Department, Tribal Welfare and Additional Advocate General and after approval by the Hon'ble Chief Minister, decision was taken to implement the following measures:

1. Expedite the disposal of the batch of W.Ps. by requesting the Additional Advocate General. The Additional Advocate General on 28.1.1997 has informed the Government in Social Welfare Department that the batch of W.Ps. is listed before the Division Bench of Justice Syed Shah, Mohd. Quadri and Justice B. Reddy and that it may come up for hearing very shortly.

2. The Government in the Revenue Department to initiate action regarding amendment of the Regulation 2 of 1970 of A.P. Scheduled Areas Tyotwari Settlement so as to finalise the assignment of Assessed Waste Dry Government lands .

3. Special Deputy Collectors (Tribal Welfare) of the I.T.D.A. districts to be deputed to West Godavari district to take up the following:

a) Verification of claims of tribals pertaining to lands held by non-tribals.

b) identification of all Government lands where assignment can be made in favour of the tribals;

c) action to keep the tribals in possession of all lands (Government, Cases decided under L.T.R.. and Ceiling surplus) where ownership rights have been given to the tribals; and

d) identification of poromboke lands where ek-sala (one year) lease can be granted to the tribals.

As a follow up of the above decisions, the Special Deputy Collectors of Utnoor, Adilabad district; Eturunagaram, Warangal district; K.R. Puram, West Godavari district arid R.C.Varam of East Godavari district have been deputed to West Godavari district to start this work. The vacant posts of Spl. Deputy Collectors at Elwinpeta and Paderu are being filled up by the Revenue Department. The survey work is in progress though in certain villages the work is being disrupted by the villagers. The latest progress of the survey work is enclosed at Annexure-1 and Annexure-11.

4. The Collector, West Godavari to identify all the criminal cases booked against tribals and non-tribals except which are serious in nature like murder, grievous hurt and rape, in consultation with the Public Prosecutor, the Peace Monitoring Committees headed by the Revenue Divisional Officers and the Superintendent of Police. The Collector is to send these details to the Government for a decision to withdraw the cases as per the legal provisions. The District Collector has informed that a list of 146 cases booked against tribals and 176 cases booked against the non-tribals i.e. total 322 cases are under examination by the Public Prosecutor, and these would be finalised and informed to the Government for withdrawal.

The situation is being monitored regularly at the highest level in the Government.

Dr.M.S.RAJAJEE, IAS.,

CHIEF SECRETARY TO GOVT.