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Cabinet sub-committee meeting on land problems in West Godavari district

NOTE ON

LAND PROBLEMS IN AGENCY AREAS

OF WEST GODAVARI DISTRICT

CABINET SUB-COMMITTEE MEETING

AT 11.30 AM ON 24-09-1997

IN THE MAIN CONFERENCE HALL, J BLOCK

SECRETARIAT BUILDINGS , HYDERABAD

GOVERNMENT OF ANDHRA PRADESH

SOCIAL WELFARE (T.W.) DEPARTMENT

HYDERABAD

I N D E X

S.No.	Description	pages
I.	Background
II.	Profile of three Agency Mandals in West Godavari District
III.	Agency Regulations
IV.	A.W.D. Lands in the Agency Area
V.	The Origin of the present clashes and the sequence of major events
VI.	Administrative measures taken by the State Govt. and the Dist. Administration to defuse the situation
VII.	Follow up Action taken
VIII.	Particulars of Survey work done in the Agency Areas of West Godavari District as on 10-09-97
IX.	Follow up action taken on the decisions in the meeting held by Chief Minister on 12.7.97
X.	Constitution of Cabinet Sub Committee
XI.	Suggestions
XII.	Annexure

NOTE FOR USE IN THE CABINET SUB-COMMITTEE MEETING AT 11.30 A.M. ON 24-09-1997 IN THE MAIN CONFERENCE HALL OF 'J' BLOCK, SECRETARIAT BUILDING, HYDERABAD ON CLASHES BETWEEN TRIBALS AND NON-TRIBALS OVER LAND DISPUTES IN THE SCHEDULED AREAS OF WEST GODAVARI DIST.

BACKGROUND

The scheduled areas of our country which were once known as pleasant and placid places have been periodically rocked by violent outbursts of disturbances because of exploitation of simple and gullible tribals and encroachment on their limited natural resources. These ever recurring struggles of tribals for their survival with the long history of more than 200 years have always been waged against ruthless exploitation by non-tribals, money-lenders, land-lords, liquor vendors or against stringent forest conservation laws and land assignment policies and procedures. The Rampa Rebellion of 1879, Konda Reddy and Koya revolts of Godavari Districts under the leadership of Saint Warrior Alluri Seetharama Raju during 1922-24 and Gond (Babjhari) uprising of the 1940 in Adilabad district were some of the important revolts against the rulers before independence. One of the main causes for the Rampa Rebellion was due to introduction of Abkari Regulations preventing the drawing of toddy for domestic consumption and leasing the toddy revenue to renters. Another reason could be issue of pattas to the non-tribals illegally and denial of the same to the tribals who are in possession of the lands for quite some time.

A sort of paradoxical situation had developed in post independence ear in which while the area advanced, the tribal inhabitants could not reap the full benefits of the development activities that have been introduced. This was due to the fact that the extension of communication and health programmes to relatively inaccessible areas resulted in influx of land hungry non-tribals from the plain areas in search of virgin lands and availability of lands at much cheaper rates. Ultimately, these benefits wee cornered by immigrants who are relatively more advance. Further, taking advantage of official lethargy and often with their connivance due to flaws in the protective laws, land alienation, money-lending etc., consequent indebtedness continued unabated which made the life of the tribals more miserable and desperate.

This simmering discontentment and deprivation provide the extremist elements with fertile grounds for experimenting the efficacy of their ideology in the tribal areas of Andhra Pradesh especially, in Srikakulam in the beginning and East Godavari Khammam, Warangal and Adilabad districts in the later days. The current crescendo of tribal non-tribal clashes in the West Godavari District ingrained one or more of these counts in their causes.

The tribal and non-tribal clashes in the West Godavari District have become delightfully quiet now. The dying down of the embers could be ascribed to the sustained efforts made by the Government at various levels. But for the intervention of the Government, the clashes which often had caused anxious moments when both the parties had gone to the extent of taking the law in into their own hands, the situation would have continued to be ugly. Today, much of the land problem which was the primary cause of the clashes has been solved though still much has yet to be done. The Government is continuing its efforts to solve this ticklish issue.

II. Profile of three Agency mandals in West Godavari district:

The Agency area in West Godavari District was declared as Scheculed area, under the Scheduled areas (Part-A States) order 1950. Out of the total number of 136 villages comprising of erstwhile Polavaram taluk, 101 villages both Government and Estate formed into Agency area (Scheduled area). Consequent on the formation of Mandal setup, these 101 villages have been included in the three mandals as shown below:

S.No.	Name of the Mandal	Government Villages	Estate Villages	Total
	Polavaram Mandal	4	15	19
	Buttayagudem Mandal	40	13	53
	Jeelugumilli Mandal	29	0	29
	Total:	73	29	101

The population particulars of West Godavari District and the three Agency Mandals are as detailed below:

1. Total population of the District 35,17,568

2. Scheduled Tribes population of the entire district 84,648

3. Percentage of Scheduled Tribe population in the district 2.4%

4. Population of the three Agency Mandals (as per 1991 Census):

*Mandal*	*Scheduled* *Tribes*	*Non-Scheduled* *Tribes*	*Total*
1. Polavaram	10,085	31,579	41,664
2. Buttayagudem	27,841	18,648	46,480
3. Jeelugumilli	6,701	18,564	25,365
Total:	44,627	68,891	1,13,518
Percentage	39.31%	60.69%

Total Extent:

Polavaram Mandal	Government Wet Government Dry A.W.D. Poramboko	- 11,790.25 2,324.74 3,157.94
	Net	17,272.93
Buttayagudem mandal	Government Wet Government Dry A.W.D. Poramboko	2,204.72 37,236.32 11,090.53 7,334.53
	Total	57,866.49
Jeelugumilli mandal	Government Wet Government Dry A.W.D. Poramboko	- 25,790.83 2,104.78 2136.38
	Total:	30,031.99

Irrigation Sources:

Tanks, private bores, check dams, Tube wells and ram fed.

Major Crops:

Tobacco, Chillies, Cashew-nut, Sugarcane, Mango and paddy.

Patta Lands Held by Tribals and Non-Tribals in the Agency Area:

		Wet	Dry	Total
1.	Tribals	541.35	53,129.45	53,670.80
2.	Non-tribals	1,663.37	21,687.95	23,351.32
		2,204.72	74,817.40	77,022.12

III. Agency Regulations

By enactment of Scheduled Districts Act 1874, the Agency areas of West Godavari District have been excluded from the general laws and the Collector of the was made the Agent to the Government and these agency areas were enjoying specie status since then. The Agency tracts Interests and Land Transfer Act 1/1917 was promulgated to proven alienation of tribal lands In Scheduled areas and it came into force from 14-08-1917. According to section 4(1) of this Act, any transfer of immovable property situated with n the agency tracts by a member of hill tribe shall be absolutely null and void unless made in favour of another member of the Hill Tribe or with previous Consent in writing of the Agent to the Government or any prescribed officer. On account of this provision of obtaining permission given in section 4(1) of Act 1/1917 more than half of the tribal lands wore purchased by non-tribals in West Godavari District with the permission of the then Special Agent to Government, Bhadrachalam and Assistant Agent to Government, Kovvur and the fact of this granting permission was scribed in the sale documents then executed and got registered.

As this Act could not achieve the desired purpose, it was partly repealed by Regulation 1 of 1959 which came into force from 4-03-1959 in the Scheduled areas of Andhra region including the erstwhile Bhadrachalam and Nugur taluks which are now in Khammam District. In Regulation 1 of 1959 a similar provision has been provided as in section 4 of Act 1 of 1917. As this Regulation 1/59 could- not also achieve the desired result, this was further amended by Regulation 1/1970. According to section 3(1)) (a) of this Regulation, there should be no transfer of lard in scheduled areas between the tribals and non-tribals and even among non-tribals. Such transfers shall be null and avoid, unless made in favour of a scheduled Tribe member or a society composed solely of Scheduled Tribes.

One Special Deputy Collector (Tribal Welfare) is exclusively deployed to deal with the land transfer cases in which the said provisions are violated, Two Deputy Tahsildars are attached to him for detecting the violation cases and filing complaints before the Special Deputy Collector for ejection. The Special Deputy Collector may also take action for ejection suo-motu or on complaints from the tribals tribals, after examining the merits of the cases. There are successive appeals upto Government and then filing of writs in the High Court. There is no scope, whatsoever, to show any favouritism to any one side or doing injustice to tribals or non-tribals by wrong implementation of the provisions of the said Peculations. It is open for the aggrieved parties to seek redressal from any of the said Courts. The burden of proof that they are not hit by the provisions, of Regulation 1/70 lies with the non-tribals who acquired lands.

The Andhra Pradesh Scheduled Areas Ryotwari Settlement Regulation 2/1970:

The occupations in AW.D. lands in Estate Villages have to be dealt with under Regulation 2/70. The Regulation 2/70 deals with the Ryotwari Settlement of lands in the Scheduled areas in respect of which no settlement has been affected. The Regulation came into force with effect from 3-03-1970. Section 7 of the Act 2/70 provides as follows:

Section 7: Lands in which Ryot is Entitled to Ryotwaripattas:

Every ryot in the scheduled areas to which this Regulation applies shall be entitled to a ryotwari patta in respect of all cultivable lands which were property included of which ought to have been property included in this holding and which are not lands in respect of which any other person is entitled to a ryotwari patta under any other law for the time being in force in the state relation to grant of ryotwari patta.

Provided that in the case of lands in the Estates which have been taken over under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotiwari Act, 1948 a person who would be entitled to a ryotiwari patta under that Act shall be granted a patta, if the lands have been continuously in the occupation of the person from the notified date.

Provided further that in respect of lands other than those to which a person is entitled to a ryotiwari patta under the first proviso no ryot who is not a member of the Scheduled tribe shall be entitled to a ryotiwari patta in respect of cultivable and unless:

Such a person had been in possession or in occupation of the land for a continuous period of not less than eight years immediately before the commencement of this Regulation.

Such possession or occupation shall not be void or illegal under the Andhra Pradesh Scheduled Areas land Transfer Regulation 1959, or any other law for the time being in force.

Explanation: In this sub-section, the expression "notified date" shall have the meaning assigned to it in clause (10) of section 2 of the Andhra Pradesh (Andhra Area) Estates Abolition and conversion into Ryoti) Act, 1948.

2. No lessee of any lanka land and no person to whom a right to collect the rent of any land has been leased before the coming into force of this Regulation including an ijardar or a farmer of rent, shall be entities to a ryotwari patta in respect of such land under this section.

According to the provisions of the above section all the occupations in Assessed waste Dry lands of Estate villages have to be settled and decided by the settlement officer appointed by the Government under section 4 of the Regulation 2/70.

Out of 101 agency villages in this d strict, 28 villages are Estate villages taken over by the Government. The survey of operations were conducted in the year 1959 in 27 villages in one village viz, Chamanapalli which is a depopulated village in Buttyagudem mandal, Survey operations were dropped as the village is situated on a hill rock and there is no cultivable land. During their tenure the Estate land holders used to give pattas to the cultivators and collect rents, just before the Abolition of the Estates, the land holders accelerated issue of pattas in several cases, even for waste lands in their Estates in the mood of making when the sun shines. During the survey and settlement operations following the abolition of the Estates. Such grantees were confirmed pattas. There are also cases where the pattas were not confirmed on various grounds and such lands were classified as A.W.D in survey records. The non-tribals occupiers of these unconfirmed lands had to seek confirmation from the settlement officer under Regulation 2/70 since Mandal Revenue officers cannot grant pattas under Assignment Rules.

Other Executive orders issued concerning schedule areas and their present status.

In G. O.MS. No. 971, Revenue, Dt. 07-10-1969, orders were issued prohibiting assignment of Government lands situated in the schedule areas to the non tribals. The said orders have been partially modified through G. O. MS. No 41, Revenue, Dated 12-10-1971 to the effect that the landless sivaijamadars in occupation of Government lands in the scheduled areas up to 21/2 acres of wet or 5 acres of dry (inclusive of the land, if any owned by them) shall not be evicted if they are in continuous occupation of such lands for a period and less than 10 years. The said orders have been further modified through G.O>RT.NO.951, E&S.W. Dept. Dt.04-12-1974 in the case of land less sivaijamadars belonging to schedule areas up to 21/2 acres of wet or 5 acres of dry and that they shall not be evicted from the aforementioned extents if they are in occupation since 1969.

On a representation made to the then Chief Minister by the District Zilla parished Advisory committee, Khammam in 1979, pending further examination of the issue by a Committee of senior Officers, Orders were issued in G.O. MS. NO. 129, S.W.Dept, Dt.13-08-1979 to the effect that non-tribals landless poor in occupation of lands in the scheduled areas up to 5 acres of wet land or 10 acres of dry land should not be evicted under the provisions of Andhra Pradesh Scheduled areas land transfer Regulation ,1959. these orders were challenged by the A.P. Girijana welfare students and youth unions, Khammam by filling W.P. No 1755/79 in the High Court of A. P. The High Court quashed the Government Orders in G.O.Ms.No.129, S.W.D dated 13-08-1979. In his order dated 5-12-1984 deeming that the Government Order as illegal and without jurisdiction. The law Dept, who were consulted regarding the status of the other executive orders other than G. O. MS. No 129, have opined that these orders were also deemed to have been quashed. But nevertheless, these other orders are still in vogue. The point being tried to drive home is that the sivaijamadars and the harijans can still be protected from their occupations to the extent of 21/2 areas of wet land or 5acres of dry land and, therefore, it is not correct to say that even the S.CS. And sivaijamadars are being forcibly evicted from their holdings in the scheduled areas.

IV. A.W.D. Lands in the Agency Areas:

The Original survey was conducted in all Government villages in the year 1919 and resurvey was conducted in the year 1934 and recorded as patta lands in the R.S.R Of 1934. The lands, which were recorded in the resurvey of 1934 as A.W.D and assigned to non-tribal later i.e. from1934to 04-03-1959, the date of promulgation of L.T.R 1959 were also changed in the accounts after incorporating the relevant entries in the F.S.R as per the procedure stipulated. According to provisions of act 1/0917 any transaction with regard to land between tribal and non-tribal is prohibited, except with the permission of the agent to the Government. In cases of assignment made to non-tribals. It is presumed that all the assignment made after resurvey had got approval of the agent to the Government. In such cases, the assignment of A.W.D lands to the non-tribals cannot be questioned at this length of time. In other words the A.W.D lands which were assigned to the non-tribals and failed to incorporate changes in the relevant records due to administrative delay and such cases are also valid as per law. However , the non-tribal who were assigned A.W.D lands have to prove their title, if these is any dispute. Thus the mere entries of A. W. D recorded in the R.S.R Cannot be assignment straight away to the tribals without proper investigation or enquiry. If the assigned is to be made, such lands shall be assigned to tribals by evicting the non-tribals even if they are in long standing occupations. This is the position with regard to the AW.D lands recorded in the R.S.R of Government villages.

^Top

V. The Origin of the present clashes and the sequence of Major Events:

As the discuss in the preceding paras the land problem have been becoming more acute and consequently, there is a thread for food security of the local tribals. "Poverty, hunger, ignorance and failure to catch up with the changing world around them have driven them to the wall. They still live in single roomed, dingy, thatched houses. Out of 80 houses in Busarajupalli, a tribal hamlet in Buttayagudem Mandal which became well known after the violent incidents on august 5, only one house has a tilled roof. The rest are typical cave houses. Many tribal youths belive that non-tribals are singularly responsible for their predicament. They said that non-tribals grabbed land from their forefathers in dishonest ways. The Manugopala and Busarajupalli incidents organized the tribals into a force. On march 21,1996 a group of non-tribals raided the tribal hamlet over a land issue, beat up women and men and ransacked houses. The casual treatment of the incident by the administration annoyed the tribals . then, on August 5,1996 in a pitched battle, the tribals scared the non-tribals by shooting arrows and beating up a few. Soon after the incident 115 tribals were arrested and sent to the Central prison, Rajahmundry . They were freed in a phased manner only after the issue figured in the assembly.

08-08-1996 Jangareddiudem, Jangareddigudem Mandal

The records and furniture of M.R.O Office, Jangareddigudem, Office of the special tahsildar (L.A) Jangareddigudem and M.R.O Office Jeelugumilli were burnt by the non-tribals.

The police booked criminal cases against the non-tribals under section 143 etc. Cr.P.C and the cases are under investigation.

19-12-1996 Reddiganapavaram villages, Buttayagudem Mandal

The tribals of Reddiganapavaram village trespassed into the lands of non-tribals forcibly on 12-12-1996. The police of Buttayagudem police station and special force went to Reddiganapavaram village on the same day and arrested the accused tribals involved in trespass cases. The tribals resisted the police and in the process, 12 police constables and 13 tribals received minor injuries. One police constable of Buttayagudem police station was also beaten by tribals and the received bleeding injuries on his head. One riffle of the A.P. State police Constable was also snatched away by the tribals in the melee. Ten armed police constables,10 local police and 50 A.P Special police force along with the3 sub inspectors, Circle inspector Jangareddigudem and Deputy Superintends of police. J.R.gudem were and the Additional Superintendent of police visited Reddiganapavaram village and held discussions with the tribals and solved the problem.

07-02-1997 P. Rajavaram, Buttayagudem mandal

The tribals obstructed the surveyor who is attending survey work at P.Rajavaram village. They also abused, beat him and threatened him with dire consequences. The police register a case in Cr.no9/97 under section 353 I.P.C

07-02-1997 Pydipaka J.R . Gudem Mandal:

About 40 tribals of Pydipaka village of J.R.Gudem mandal have entered into the lands of Chudipi china Venkanna of Pattennapalem village of J.R.Gudem Mandal and look away 20 bags of paddy.

07-02-1997 Kankanalavarigudem, Buttayagudem Mandal

About 100 tribals of Kankanalavarigudem, Mavullavarigudem, Laxmudugudem villages of Buttayagudem Mandal have entered in the lands of Alapati Peda somaraju and others armed with bows and arrows, knives and obstructed agriculture operations and also took away 40 bags of paddy.

07-02-1997 V.Ramannapalem (v) Polavaram Mandalam

The Tribals of Ramannapalem, Venkatareddygudem of Polavaram Mandal have forcibly cut and took away the sugarcane crop from the lands of non-tribals of Pragadapalli village.

11-04-1997 Sagipadu, Ralampalem Polavaram Mandal:

The non-tribals of Sagipadu, Rajampalem and L.N.D.peta villages who are having lands in Reddy Nagampalem village of Polavaram Mandal while collecting riped cashewnuts from their patta lands as well as A.W.D lands which are under their occupation and pending with settlement Court and Director of settlement, A.P Hyderabad, about 50 tribals attacked the non-tribals with bows and arrows. In this attack, 6 non-tribals and 3 tribals were injured.

07-05-1997 J.R.Gudem (v) J.R.Gudem Mandal

The non-tribals ryots including women of Agency area held Rasto Roko Relay fast and fast unto death at J.R gudem with the following demands:-

To provide protection to their lives and properties.
To amend Reg 1/70 to enable them either to purchases lands from non-tribals or to sell their lands to non-tribals.
To appoint a sitting judge to enquire into the land dispute problems in agency area and render justice.
To curb the illegal activities of 'SAKTI' and ban the said organization.
To curb the unlawful activities of C.P.M

The District Administration and Hon'ble Minister for(1) Minister for Minor irrigation and District incharge Minister, (2) Minister for Agriculture and (3) Minister for Major & Medium irrigation and respective M.L.A s, have visited the village on 13-05-1997 and sorted out the problem.

14-05-1997 Rajampalem, Buttayagudem Mandal

Two non-tribals of Rajampalem village were taken into custody by the tribals of Munugopal village while picking up Cashewnuts in their patta lands.

29-05-1997 Panduvarigudem, Jeelugumilli Mandal

The tribals attacked the police at Panduvarigudem when Sri Sivarama Krishna and Saradadevi, Director and Co-ordinator, 'Sakti' organization were apparently encouraging the tribals in a meeting to grab the lands from the non-tribals and to attack the police. On the same day, 200 tribals women kidnapped the Mandal Revenue Officer, Jeelugumilli.

12-06-1997 Gopalapatnam (v) Jeelugumilli Mandal

The tribals trespassed into the non-tribals, plucked mangoes and taken away Raw mangoes by lorry showing bows and arrows, On the same day, the tribals kidnapped 2 non-tribals demanding for release of 2 tribals who are under police custody in the said incident.

28-06-1997 Ramannagudem (v) Buttayagudem Mandal

The tribals of Ramannagudem, Ravigudem, Koya Rajamundry and Bothappagudem obstructed the non- tribals while attending agriculture operations.

30-06-1997 P.Rajavaram, Jeelugumilli Mandal

The tribals killed one non-tribal and injured 10 non-tribals at P.Rajavaram village with bows and arrows and damaged seedbeds. In the process, 8 tribals also received injuries; non-tribals did a Rasta-Roko between Jeelugumilli and Aswaraopeta.

02-07-1997 Panduvarigudem, jeegumilli Mandal

The tribals on 02-07-1997 from Panduvarigudem kidnapped one police Constable while the police opened tear gas shells to disperse the mob.

04-07-1997 Nandigudem, Gopalapuram Mandal

the tribals of Nandigudem village of Gopalapuram Mandal(Non-Agency area) implanted red flags in an extent of Acres 600.00 cts .On 4-07-1997 in the lands belonging to non-tribals of Nandigudem, Buchampeta, Jagannadhapuram and Sanjeevapuram villages. They also detained the Revenue Officials in Butchempeta village while removing the flags, the red flags implanted in Acres 600.00 got removed after duty verifying with reference to relevant documents, from 1 (b) register and other Revenue records, and settled the dispute.

07-07-1997/08-07-1997 Nandigudem, Gopalapuram Mandal

About 250 non-tribals of Nandigudem, Jangannadhapuram of Gopalapuram Mandal closed the Mandal Revenue Officer's Office, Gopalapuram and conducted Rasta-Roko on 7-07-1997 and demanded to give protection for their lives, properties and crops from the tribals

20-07-1997 Doramamidi, Buttayagudem Mandal

About 50 tribals of Doramamidi village in Buttayagudem mandal have entered into the lands of the non-tribals patta lands. They also stopped the non-tribal farmers in cultivating the land in an extent of Acres 111.19.

22-07-1997 Mamidigondi, Polavaram Mandal

The tribals of Mamidigondi village in Polavaram Mandal have obstructed the non-tribals to plough their lands in R.S.No.761/3 stating that the said land belonging to them and demanded that survey work should be done based on 1902 R.S.R.

22-07-1997 Nagampalem , Ramayyapeta (v), Polavaram Mandal

The tribals of Nagampalem, Ramayyapeta villages of Polavaram Mandal obstructed the survey teams to conduct survey operations on 22-07-1997 demanding to conduct survey on the basis of 1902 R.S.R Survey teams returned back to Polavaram.

Incidents took place from 2-08-97 to do-date

(1) 2-8-1997.

The A.P.C.L.C west Godavari District Unit, Eluru conducted a meeting on 2-8-1997 at Y.M.H.Hall, Eluru under the president ship of Vedangi Chittibabu, demanding proper implementation of L.T.R Act1/70 in the Agency Area and suspension of Deputy Suspension of Deputy Superintendent of police, Sri Brahmareddy. They further demanded to form 'All political parties committee' to solve the agency problems between tribals and non-tribals and that the Government should solve the problem.

(2) 4-8-1997 Chanchugudem, Buttayagudem Mandal

Smt Poolam Bhoodevi and 43 other tribals of Veerannapalem and Chenchugudem villages armed with bows and arrows have obstructed the tenant of R.S.No 25/1,2,3. 255/1 and 257/2 of Chenchugudem village while plaguing his land.

(3) 7-8-1997 Marrigudem, Buttayagudem Mandal

Kovvada Durgaiah and 15 others tribals of Mrrigudem and sympathizers of sakti organization have erected palm leaves in about 50 acres belonging to Ganeru Pichaiah of Srinivasapuram, Bandaru Apparao and 22 others (Non-tribals )of Marrigudem.

(4) 8-8-1997 Vippalapadu, Buttayagudem Mandal

Karam Suraiah and 11 other tribals of Vippalapadu village forcibly entered in R.S.No 466/2 Ac 2-10 cents of Mulkaluri Seetharamaiah. Non-tribal of Buttayagudem and ploughed the land.

Similarly Komaram Surayya and other of Doramamidi village forcibly entered in R.S.Nos 181/1,178/2,150/1,477 extent about Ac 17-00 cents belonging to P.Pentaiah, Non-tribal of Doramamidi and ploughed the fields.

(5) 10-08-1997 Reddi Ganapavaram, Buttayagudem Mandal

Kommaram Baburao and other tribals of Reddi Ganapavaram village ploughed Ac 14-00 cents of land belonging to Bandaru Suraiah and Bandaru Subbaiah of Reddiganapavaram (non-tribals).

Kaniki Bhimayya and 10 other tribals of Sithappagudem erected palm leaves in the fields of Non-Tribals of Muppalavarigudem.

(6) 15-8-1997 Buttayagudem

Vatti Pentaiah and 70 other Tribals of Kakalavarigudem village obstructed the survey teams while they are measuring the fields in Kakalavarigudem and taken away the survey chain.

(7) 16-8-1997 Jainavarigudem, Buttayagudem Mandal

About 28 tribals of Jainavarigudem entered the fields in R.S,No 61/2,61/1 and 60measuring extent Ac 18-10 cents of Seethanagaram belonging to Kanjerla Laxmanarao (non-triblas ) and the standing crop

(8) 19-8-1997 Eluru

About 60 workers affiliated to Agency Girijan Sangheebhava Committee observed Dharna in front of Collectorate and presented memorandum to joint Collector W.G.Eluru under the leadership of Vedangi Chittibabu. APELC District Convenor demanding strict implementation of L.T.R Act 1/70 in Agency area, lifting of cases registered against tribals, to make enquiry on the atrocities and to punish the accused.

(9) 24-08-97 Vankavarigudem, Jeelugumilli Mandal

Sri Sini Satyam and 20 other tribals Vankavarigudem armed with knives bows and arrows entered into the fields of Kalagarla Mohana Rao and Harichandra prasad and obstructed plaguing by threatening them.

(10) 25-8-97 Thotagondi, Polavaram Mandal

About 100 tribals of Thotagondi, Devaragondi and Mamidigondi villages have erected red flags around the fields of N.Krishna Veni, M.Srirama Murthy and R.Chakradhara Rao of the village in about acres12-00.

(11) 26-8-1997 Buttaigudem, Buttaigudem Mandal

The C.P.M Party under the leadership of Thammineni Veerabhadram, M.Ps, Khammam, Konja Bujji , M.L.A Bhadrachalam held a meeting in Z.P High School , Buttayagudem. About 100 tribals armed with bows and arrows attended the meeting they demanded.1) To implement Reg 1/70. 2) To withdraw cases booked against tribals 3) To release the tribals immediately. 4) To distribute the land which is now under the occupation of non-tribals and 5) To constitute a Girijan District basing on the Girijan population and hand over the administration to the tribals only

(12) 1-9-1997 Reddiganapavaram, Buttayagudem Mandal

Kuram Gowramma and 30 other tribals of Reddiganapavaram trespasses into the fields covered by R.S.No 41/2,42/2 Ac6-57 cents belonging to Pusuluri Srihari of Buttayagudem and ploughed the lands.

(13) 24-8-1997 Mettamgudem, Buttayagudem Mandal

The tribal leaders under the Presidentship of Tellam Chinavaddi, Z.P.T.CButtayagudem M.P.T.C, Kothanagavaram, Sarapanch, Doramamidi and 15 other prominent leaders conducted a meeting at Mettagudem village. They stated that tribals and non-tribals are living peacefully since 1901, but C.P.M workers entered into the Agency area and instigated the innocent tribals against non-tribals to earn money. They have taken a decision that not be allow the C.P.M workers in Agency area.

(14) 1-9-1997 Reddiganapavaram, Buttayagudem Mandal

Reddi Venkatesu and 13 other tribals of Palakunta village have forcibly ploughed the lands in R.S.No 18/2 Ac1-12 cents of Gadia Laxmana Rao, Non-Tribal of Reddiganapavaram.

(15) 3-9-1997 Buttayagudem, Buttayagudem Mandal

Kaki Balaraju and 25 other tribals and Harijans of Buttayagudem ploughed the land of Ac 10.00 belonging to Bogavalli Seetharamaiah and Karatam Ramachandrayya.

Thoram Pentaiah and 16 other tribals of Tadithota have obstructed Karatam Mohanarao and 31 other non-tribals while they are ploughing their fields.

(16) 4-9-1997 Vippalapadu, Buttayagudem Mandal

Mamidi Venkateswamy and some other tribals of Vippalapadu armed with sticks knives bows and arrows obstructed Gundaboina Sriramamurthy from ploughing his patta land.

(17) 5-9-97 Antervedigudem, Buttayagudem Mandal

Kuchupudi Satyanarayana non-tribal of Antervedigudem entered into the land of Ac 6.00 belonging to Madakam Rajulu tribal of Antervedigudem and ploughed the land.

(18) 5-9-97 Busarajupalli, Buttayagudem Mandal

About 20 tribals of Busarajupalli village ploughed the lands of Ac20.00 of Tagaram Nageswararao, non-tribal of Buttayagudem.

(19) 9-9-97 Buthappagudem, Buttayagudem Mandal

About 10 tribals of Buthappagudem village under the leadership of Cheemala Gangulu ploughed the lands about Ac7.00 of Namala Kannababu, non-tribal of palem

Balam Durgarao and 16 other tribals of K.Bothappagudem forcibly entered intothe fields and obstructed Vunavarthy Nageswararao and 20 other non-tribal from cultivating their lands.

(20) 10-9-97 Ankampalem, Jeelugumilli Mandal

Tellam Devayya, Thonam Pentaiah and 60 other tribals Ankampalem and Kotanagavaram villages armed with bows and arrows trespassed into the lands of Ac 200.00 cents belonging to Devarapalli Nageswararao and 30 other non-tribals of Kotha nagavaram village and erected palmyrah plants.

(21) 10-9-97 Tadithota, Jeelugumilli Mandal

Gurivindula Muttaiah and other tribals of Tadithota. Ankampalem and Kothanagavaram villages under the leadership of Meka Eswaramma. C.P.M party, J.R.Gudem division trespassed into the patta lands of non-tribals Kambhampati Satyanarayana and 30 other of Muppinavarigudem and erected palmyrah plats around the field. A case in Cr.no 7197/U/8.447, 506 I.P.C was registered in Buttayagudem P.S. in this regard.

(22) 11-9-97 Buttayagudem, Buttayagudem Mandal

Sri P.K.S. Madhavan, Chairman of "Aware' held a meeting with thousand tribals near bus stand, Buttayagudem. He Stated that if the tribals and non-tribals co-operative with him, he will solve the problems in the Agency area within 3 months. He also demanded to surrender the lands, which are in illegal possession of non-tribals.

VI. Administrative measures taken by the State Government and the District Administration to defuse the situation in the Trouble-torn Agency area of West Godavari District.

On 6-8-96, i.e, the very next day the clashes took places between tribals and non-tribals at Busarajupalli village, the Hon'ble C.M taken a meeting, had detailed discussions on various issues related to the land disputes between tribals and non-tribals. After detailed discussions on the basis of the joint report submitted by the Collector and S.P, W.G.Dist, the following decisions were taken.

To post an Independent Settlement Officer to finalise the pending settlement cases within 6 months.
To post a Special Grade Deputy Collector as P.O, I.T.D.A, K.R. Puram.
To post an efficient Circle inspector in the existing vacancy and post additional forces to prevent further clashes between tribals over land disputes.
To take effective action in consultation with Additional Advocate General and the Government Pleader for expediting disposal of petitions pending relating to the application of L.T.R.
To allow the Collector a free hand to deal with the situation in accordance with the situation in accordance with the law and best of judgment so as to maintain between the tribals and non-tribals.

Subsequently the position was again reviewed by C.S on 30-12-1996 and 27-01-1997 and the following decisions have been taken

• The Principle secretary, Social Welfare was requested to address a D.O letter to the Additional Advocate General, High Court on Andhra Pradesh, Hyderabad to apprise him of the grave situation in the tribal area of West Godavari District seek his assistance for the early disposal of the batch of writ petition filed by non-tribals in the High Court challenging the inclusion of certain villages in the Scheduled area.

• It was proposed to examine to bring out a Religion to take over all lands held by non-tribals in the Schedule Areas by the Government for assignment to the eligible land less tribals by paying normal compensation on the lines of land ceiling cases. Small and Marginal farmers belonging to Scheduled castes, backward classes etc, may be appropriate for the lands lost by them by acquiring all mate land outside the Scheduled areas.

• The second proviso to section 7 of the Regulation 2/70 is to be dropped by enacting a Regulation to amend the Regulation 2/70 which will enable the Government a immediately assign about 5500 acres of Assessed Waste Dry land to the eligible tribals in the 28 erstwhile Estate villages.

• To depute the Special Deputy Collectors (TW) from all the ITDAs immediately to West Godavari to take up:

• Verification of Claims of the tribals pertaining to lands held by non-tribals.

• Identification of all Govt lands where assignment can be made in favour of the tribals.

• Action to keep the tribals in possession of all lands (Government LTR and Celling surplus) where pattas have been given to tribals and

• Identification of poramboke land where Ex-sal(one year) lease can be granted to the tribals.

5. To post an IAS Officer as PO , ITDA for ensuring prompt action and improve credibility of the ITDA.

Withdrawal of criminal cases, which have been booked against the tribals to prevent harassment of the tribals.

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As the news of clashes between tribals and non-tribals were being reported the

Hon'ble Chief Minister held a meeting with the Representatives of all political parties on 12-07-1997 and discussed the various measures taken and proposed to be taken for resolving the land disputes in West Godavari district. After detailing discussions the following decisions have been taken.

• To Regularly convene meetings of all-party committee at the state level to discuss the situation in West Godavari .

• To Constitute Cabinet Sub-Committee to hear the grievances of the tribals and non-tribals and to examine the various issues pertaining to the land disputes in West Godavari District and to submit recommendations and a time bound action plan for resolving the disputes.

• To create an implementation mechanism level with District Collector as Chairperson and with representatives of all political parties as members of the body. At the village level, village Committee will be constituted with representatives of all the persons associated with the disputes.

• A programme will be drawn up by the Project Officer, ITDA to conduct village wise verification for identifying all Government lands and also the nature of ownership of the lands owned by the non-tribals in about six months time. Additional staff requires for this purpose at the rate of 12 Deputy Tahsildars and 24 surveyors will be kept at the disposal of the Sub-Collector for taking up this verification. Additional requirement of funds also will be provided for taking up this verification.

Wherever he villagers do not cooperate with the Survey, the Government functionaries themselves will complete the survey.

• All Government lands, which are under the occupation of tribals, will be regularized and pattas will be issued.

VII. Follow up Action Taken:

1. Sri Anil Kumar Singhal, an IAS Officer has been posted as PO , ITDA, K.R.Puram wide G.O.RT.No 1765, G.A (Spl.B) Deputy, Dated 17-4-1997.

2. The Minutes of the meeting held on 6-8-96 were communicated to the Director General of Police by the Prl. Secy..S.W 8-8-96. The District police authorities were also aware of the tension prevailing and have posted six additional platoons to deal with the situation.

3. The Additional Advocate General, The Government pleader for S.W, High Court of A.P and the Secretary. Law Department have been addressed to expedite the disposal of the various W.Ps. Pending in the High Court relating to the land transfer Regulations wise D.O.LR No 11353/f1/96. Dt 20-08-1996

4. The proposal to begin about a Regulation to take over all lands held by the non-tribals in the Scheduled areas by the Government for assignment to the eligible land less tribals by paying normal Composition on the lines of land Ceiling cases etc. Was dropped in the meeting held by C.S. on 27-01-1997.

5. Action to amended section 7 of Regulation 2 of 1970, which will enable the Govt to immediately assign about 5500 acres of Assessed Waste Dry land to the eligible tribals in the 28 erstwhile Estate villages is being taken by the Revenue Department and it has been ascertained that the draft Amendment Regulation has been sent to the Advocate General for his Security and its return is awaited.

6. Settlement Court :

The Government in G.O.MS.NO 661, Revenue (SSI) Dept, Dt 9-8-1996 have sanctioned a post of Settlement Officer (DY Collector Cadre) with head quarters at Kovvuru to deal the Estate Abolition cases in Agency areas (Regulation 2/70). The settlement Court started functioning with effect from 11-8-1996. The settlement Officer has disposed off the following cases up to 8-9-1997 as detailed below.

*S.No.*		*No.of cases*	*Extent*
	No.of cases pending as on 11-8-96 (i.e the date of formation of settlement Court at Kovvuru)	161	1565.08
	Cases remended by the Director	27	190.01
	New Cases taken on file (from 1-4-1997 to 31-8-97)	41	248.57
	Total:	229	2,003.66
	Cases disposed off as on 31-8-97	221	1951.31
	Balance as on 31-8-9	8	2.35
	Particulars of disposal
	In favour of non-tribals	109	1121.60
	In Favour of Government	46	407.06
	Cases dropped as already disposed of by the Director/settlement Officer	66	422.65
	Total:	221	1,951.31

LTR Cases pending in various Court as on 10-09-1997:

*S.No.*		*No.of cases*	*Extent*
1.	W.Ps pending in the High Court of A.P, Hyderabad	115	2,722.15
2.	R.PS pending before the Government	41	184.12
3.	Appeals Pending with the Agency to Government	140	727.59
4.	No.Of LTR Cases pending with the SDC (TW), K.R. Puram	271	1320.50
	Total:	567	4,954.36

VIII. Particulars of Survey work done in Agency area of West Godavari District as on 10-09-1997:

*S.No.*	*Name of the Mandal*	*No.of villages in the mandal*	*No.of villages in which survey work completed*	*balance*	*Remarks*
1.	Jeelugumilli	29	29	-	Reverification work is taken up in the Mandal. So far, 10 villages completed. The work is under progress in 4 villages.
2.	Buttayagudem	53	51	2	The work is under progress.
3.	Polavaram	19	12	7	-
	Total:	101	92	9

IX. Pursuant to the decision taken in the meeting held by the Chief Minister with the Representatives of the political parties on 12-07-1997, the Collector, West Godavari District has taken the follow up action as Indicated below:

• She has converted a District a level meeting with the Representatives of political parties on 17-7-97 at Collectorate, Eluru and discussed the land problems between tribals and non-tribals in detail and drawn up an action plan for implementation.

• She has Constituted 99 villages level peace committee with the main intention of resolving land disputes and to restore peace and tranquility in the agency villages. Each village committee comprises of the following officials and non-tribals a member of the committee.

• Sarpanch of village.

• Village Administrative Officer.

• Three tribals (1 among is a lady)

• Three non-tribals (one from SC, one from BC, one from OC and one among 3 should be a lady)

(c) She has pressed the services of more number of surveyors Deputy Tahsildhar etc, for undertaking the survey operations in all the above remaining 14 villages with a view to complete work expeditiously. At present 37 Surveyors, 3 Deputy inspectors of survey and 12 Deputy Tahsildars are attending to the survey work in the above 14 villages.

(d) She has granted eksal (one year) pattas for the Government lands to 374 tribals in an extent of 335.58 acres.

(e) In order to clear the misapprehension of the tribals regarding the agency lands she joint Collector and other revenue officials visited the Agency villages frequently and explained them about the provisions of Regulation 1 of 1970 and Regulation of 1970.

X. Constitution of Cabinet Sub- Committee:

Orders were issued vide G.O.Rt.No 718. S.W (F1) Dept, Dated 21-07-1997 constituting a Cabinet Sub-committee comprising of Hon'ble minister for revenue as the Convener, the Hon'ble Minister for Tribal Welfare and the Hon'ble Minister for Higher Education as other members of the Cabinet Sub- Committee to go into the questions of tribal and non-tribal clashes over land disputes in the Schedule areas of West Godavari District, to hear both the parties, to examine various issues pertaining to the land disputes and submit recommendations to the Government for a time bound action plan.

The Meeting of the Cabinet Sub-Committee was held on 11-8-1997 in the Chambers of Hon'ble Minister for Revenue. The following are the important decisions taken in the said meeting.

• To appoint at least 5 more Advocate to take up the cases of tribals in the Agency Courts. The Collector, West Godavari District has been requested to purpose this matter and take a decision in consultation with the elders of the tribals in the Scheduled areas of West Godavari District. Pursuant to this the Collector, W.G. Dist. In the fax report dt 6-9-97 has informed that Advocates were appointed to take up the cases of tribals in the Court of Agent to the Government, Eluru , The Asst. Agent to the Government Kovvuru, the Spl, Deputy Collector (TW) K.R.Puram and in the Courts of Mandal Executive Magistrates at Buttayagudem and Jeelugumilli.

• To appoint 4 or 5 IAS probationers to the affected areas in the West Godavari District after giving them one-week training programme in revenue matters in the alternative, it was suggested that direct recruit Dy. Collector could be posted for the work. Pursuant to this decision, Secy (poll) has been addressed to take necessary further action in the matter. The Collector, W.G .Dist has however informed over telephone that she was told that the proposal is not feasible of compliance.

• The Collector, W.G. Dist, was requested to prevail upon the District peace Committee members to come over to Hyderabad for a meeting with the Cabinet Sub-Committee instead of the Cabinet Sub-Committee visiting the Cabinet Schedule areas of the District, the Collector, has according convinced the members of the Dist, level peace Committee to come over to Hyderabad for a meeting with the Cabinet Sub-Committee scheduled to be held at 11.30 A.M on 24-9-1997.

XI. Suggestions:

In a pubic litigation case field by one Sri D. Madhusudhan Reddy in W.P.No 14516/97, the High Court of A.P has ordered on 29-7-1997 to dispose of the cases pending before the SDC/ Agent /Government with in a period of two months and report compliance to the High Court at present, there are 271 (as on 10-9-1997) cases pending with the SDC(TW), K.R.Puram. The Collector is of the opinion that the cannot complete the work with in the time stipulated by the High Court and therefore suggest that one more SDC with supporting staff may be appointed till all the pending cases are disposed of the PO, ITDA,K. R. Puram, W.G .Dist has reported to the CTW that the present SDC (TW),K.R.Puram will not be able to comply with the orders of the High Court referred to above and that there is need to shift him from this place and to post a dynamic SDC, on receipt of necessary communication from the CTW, The Secy. (Rev) Dept, has been addressed to take necessary action in the matter accordingly it is strongly suggested that one more SDC may be appointed with immediately effect so as to be able to comply with the High Court Order.

• She has stated that as against 30 vacancies of V.A.Os in the three agency Mandals, only B are available and these eight V.A.Os are not sufficient to assist the supervisors and therefore suggested that permission may be accorded to her to fill up the existing 22 vacancies of V.A.Os in the three agency Mandals by sponsoring the eligible S.T Candidates from the Employment Exchange.

• Kovvuru Revenue Sub- Division comprises of 18 mandals of which three Mandals are agency Mandals. This revenue division is Waste area when compared to other divisions and therefore she has opined that it may not be feasible for the Division Officers to concentrate on agency issues. She has therefore, Suggested for permission for formation of another Revenue Division with headquarters at Jangareddygudem. This proposal is pending in the Revenue Department.

XII. Annexure:

A Statement showing the A.W.D. / Poramboke / LCC / L.T.R lands assigned to tribals and D.form pattas held by tribal but the lands under the possession of non-tribals which were resorted to the tribals from 11-1-1997 to 10-9-1997 in the agency areas of W.G.Dist is appended to this note as Annexure.

LAL ROSEM

SECRETARY TO GOVERNMENT,

S.W (Tribal Welfare ) DEPT.

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