Minutes of the meeting on land disputes and LTR cases

MINUTES OF THE MEETING

HELD BY SECRETARY, TRIBAL WELFARE AND COMMISSIONER OF TRIBAL WELFARE WITH THE DISTRICT COLLECTOR
Held on 16-11-2000 & 17-11-2000
At: Z.P.Guest House, Eluru

Present: 1. Sri C.R.Biswal, I.A.S.,

Secretary, Tribal Welfare,

Govt. of Andhra Pradesh.

2. Sri Vinod K.Agrawal, I.A.S.,

Commissioner of Tribal Welrare,

Govt. of Andhra Pradesh.

•  Smt. Poonam Malakondaiah, IAS.,

Dist. Collector, West Godavari Dist.

•  Sri V.N.Vishnu, IAS,

Joint Collector, West Godavari Dist.

•  Sri Krupanandha Tripati, IPS,

Superintendent of Police, West Godavari Dist.

•  Sri Hari Jawaharilal,

Project Officer,

Integrated Tribal Development Agency,

K.R.Puram, West Godavari Dist.

The problem of identifying the cases attracting LTR Regulations and taking action as per the said Regulation in the agency areas of West Godavari District has been pending since very long time. The issue has caused considerable unrest among tribals and non-tribals in 3 mandals of Buttaigudem, Jeelugumilli and Polavaram of West Godavari district. The matter was taken up by the Hob'ble High Court and after intervention in W.P.No.7916 of 1997 certain guidelines were issued to take up an enjoyment survey and title verification to identify the cases attracting LTR. This visit of the Secretary, Tribal Welfare and Commissioner of Tribal Welfare was chiefly to review the progress of work and give necessary direction and expedite the matter so that it could be brought to a logical conclusion as per directions of the Hon'ble High Court and instructions issued by the Government. After detailed discussions with various parties, including representatives of the tribals and non tribals and the officers, the following were concluded

1 It is clarified that the stay order of the Hon'ble division bench of High Court covers only the order dt:24-1-2000 of the Single judge appointing a court commission. The said order does not cover the previous order dt.2 nd January, 1998 and it allows the administration to take all action in accordance with law. The above position has been clarified by the Government also to the district administration.

2. The district administration furnished a report about the enjoyment survey work as follows:

(A) It was reported that out of 101 villages involved in the three mandals, 37 are wholly tribal villages where the entire land is held by tribals and that the survey was to be done only in respect of remaining 64 villages. The Joint Collector informed that survey has been completed in respect of 53 villages and in balance villages it will be completed by 15-12-2000.

(B) Statistical information has been furnished in respect of only 37 villages (26 in Buttayagudem mandal, 4 in Jeelugumalli mandal and 7 in Polavaram mandal) which contain the result of the enjoyment survey. This information is placed at Annexure - 1. It was committed by the Joint Collector, West Godavari that similar information in respect of all the 53 villages for which survey has been completed would be furnished to the Government by 22 nd , November, 2000. In respect of balance 11 villages the survey would be completed before 15 th December, 2000 and this information would be furnished by 20 th December, 2000.

3. From the available information in respect of 37 villages it is noticed that.

(A) In 123 cases involving 317.97 acres of land in Buttayagudem mandal and 22 cases involving 54.99 acres in Jeelugumalli mandal, the records have not been produced by the non tribal occupants as regards their title over the land. It was decided that if they do not produce the records before 30th November, 2000 LTR cases would be filed before the SDC in respect of the above cases.

(B) 353 cases involving 1151.78 acres in Buttayagudem mandal and 102 cases involving 443.45 acres in Jeelugumilli mandal are identified where LTR cases are required to be filed before the SDC (TW) Similarly 194 cases involving 819.21 acres land in Buttayagudem mandal and 9 cases involving 75.30 acres land in Jeelugumilli mandal are identified where appeals need to be filed before Agent to the Government It was decided that a special drive would be taken up to file all these cases/appeals and the entire work of filing cases will be completed by 30 th December, 2000. The Project Officer and RDO will submit weekly progress reports on every Monday to the Collector and Commissioner of Tribal Welfare informing the progress of the work and the Collector will hold a fortnightly review meeting to closely monitor the progress.

(C) There are a large number of cases where all the parties concerned have unanimously agreed on the basis of revenue records available dating back to 1917 during the survey that the land is rightly held by a tribal or a non-tribal. In all such cases pattadar pass books may be issued by the district administration immediately. The R.D.O., P.O. and revenue staff will also check up in the field, whether the pattadar pass books have been physically delivered to the ryots or not.

4. The district administration has also furnished information in respect of cases pending under LTR before various Courts. It is observed that as on 31-10-2000, 12,384.14 acres of land involving 1819 cases is locked up in various Courts under LTR. Out of this 1,526 cases are pending before the SDC involving an extent of 10006.20 acres. Taking into account the cases to be filed before SDC as a result of the enjoyment survey there will be about 2000 cases. They can not be disposed of expeditiously unless a special drive is taken up For taking up a special drive it was decided that:

(A) Powers of SDC, LTR would be conferred on D.D. (NSS) and cases pertaining to one mandal i.e., Polavaram will be transferred to him for disposal. Seeing the progress of disposal further cases also would be transferred to him later.

(B) The SDC, LTR will hold the courts within the villages and take up the cases village wise. He will draw up a detailed schedule for his village wise hearing of cases for the next two months. The Collector will fix weekly targets for him and hold fortnightly reviews. He will also send weekly progress reports on every Monday to the Commissioner of Tribal Welfare and the Collector.

(C) While disposing of the cases he shall take up the bigger cases involving larger extent of land on priority basis.

(D) To enable him to function effectively the following were decided:

•  The vacant post of DT will be immediately filled up and second DT who is said to be not so effective will be replaced by a more efficient person. In addition to it two more DTs will be given by district administration to him till the cases are decided.

•  The vacant post of typist and junior assistant will be immediately filled up and the inefficient staff will be replaced by the efficient ones. In addition, RDO, Kovvuru will give the SDC (TW) two more typists. The Project Officer, ITDA will give two typists on daily wages to the RDO, Kovvuru for the period when regular typists are given to SDC by the RDO.

•  The SDC and his entire staff' will not be disturbed for any other work by the district administration till all the cases are disposed off.

5. The district administration would compile and furnish information about the total government land (AWD and Poramboke) available in the Agency areas with particulars of assignment to tribals and non tribals and further extent available for assignment. The comprehensive survey of the assigned land in the possession of the non tribals will also be taken up with reference to the applicability of LTR to the said land and wherever required lands will be resumed back for violation of LTR and as well as Act 9/77.

6. The district administration will also compile and furnish information about the nature of occupation of about 15,000 acres of land locked up in litigation (currently pending cases and identified in enjoyment survey)

7. It was observed that it is very essential to take up confidence building exercise with the tribals so that credibility of district administration is restored. For this purpose it was decided that.

(A) A large number of cases have been booked by the police since 1995 onwards involving thousands of tribals S.P. will compile and furnish the statistical information about the cases booked against the tribals.

•  The S.P will take up a review of all the cases and

•  All the minor cases and apparently frivolous cases would be dropped forthrightly.

•  The names of minor children and women will be dropped from the rest of the cases.

•  Names of the apparently innocent tribals will also be dropped.

•  In all the cases where the FIR has been registered with names of certain accused with words "and others", the words "and others" will be dropped.

(C) L.T.R cases involving rich and powerful land holders may be finalised and taken to a logical end which would have a demonstrative effect.

(D) A comprehensive plan for the development of the tribal land would be prepared.

•  The Government will be requested to expeditiously decide the proposal to from a new revenue division at Jangareddygudem.

•  Measures will be taken up to educate both the tribals and non-tribals about legal provisions in respect of land in scheduled areas, so that they are not misled by any unscrupulous element.

(C.R.BISWAL)

Representation to NHRC on police brutality on Dalits and response of Sri S.R. Sankaran

By Speed Post

No.278/1/97-98 (FC)

NATIONAL HUMAN RIGHTS COMMISSION

(LAW DIVISION)

Sardar Patel Bhavan,

Sansad Marg, New Delhi ,

The 30 th July, 01

To

Shri S.R.Sankaran,

Convenor, Committee of Concerned Citizens,

114, Saphire, Amrita Hills,

Panjagutta, Hyderabad .

Sub: Complaint before NHRC received from Ms.P.Sharada Devi, West Godavari Dist., A.P. alleging police brutality on Dalits.

Sir,

I am directed to state that the above case was placed before the Commission 25.7.2001. The Commission, after considering the complaint and report obtained from DGP, AP, has directed to send you copy of the relevant part of the record for your advice.

•  Accordingly, I am sending herewith a copy of the complaint and copy of report received from DGP, A.P. You are requested to peruse the matter and forward your advice for placing before the Commission.

Yours faithfully,

Opinion of the Committee of Concerned Citizens over above issue

Committee of Concerned Citizens

114, Saphire, Amrita Hill, Panjagutta, Hyderabad - 500 082

Dear Sir,

Please refer to your letter No.278/1/97-98 (FC) dated 30th July 2001 forwarding a copy of complaint before the NHRC from Ms.P.Sharada Devi, West Godavari District, AP along with a copy of report received from DGP, AP and requesting for the advice of this Committee.

As the Commission is aware, this Committee has taken upon itself the specific issue of the continuing violence in Andhra Pradesh specially in Telangana area in the context of the three decade old Naxalite movement and the State actions. The NHRC is aware of the interventions of this Committee as copies of the report of the Committee and periodical representations have been sent to NHRC from time to time. The detailed letter dated addressed by the Committee to the Chairman dated 18 December 2000 (copy enclosed) explains the scope of the work of this Committee.

The subject matter referred to in the present letter of the Commission is outside the scope of the task taken up by the Committee. It relates to the land issues pertaining to Scheduled Areas (Tribal areas included in the Fifth Schedule of the Constitution) in West Godavari District of Andhra Pradesh. However, as advice has been sought by the NHRC, the following advice is offered based on the general understanding of the members of the Committee.

The land issues in the Scheduled Areas in Jeelugumilli, Buttayagudem and Polavaram Mandals in West Godavari District are governed by the Agency Tracts Interest and Land Transfer Act 1917 (Madras Act I of 1917), the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959 (Regulation I of 1959) as well as amendment Regulation 1/70. These Regulations prohibit transfer of land to non-tribals and are intended to protect and preserve tribal lands for their benefit. It has been observed that over a period of time that a number of non-tribals have occupied tribal land in violation of these laws. Certain organisations and political parties have been taking up the issue of restoration of tribal lands and Sakti is one of them. It may also be mentioned that the District Collectors and Magistrates have a special responsibility for Scheduled Areas as Agents to the Government for implementing the land regulations. There have also been a number of judgements of AP High Court on the matter including in Contempt Case 1381 of 1997 dated 2 January 1998, which dealt with West t Godavari lands (copy enclosed)

It is unfortunate that this matter has been dealt with as an issue concerning police alone. The very fact that there have been such a large number of 118 cases booked. All apparently against 2175 tribals shows that there is something wrong about the approach of the Government and its agencies. Though it is difficult to comment on individual cases, it is seen that the report forwarded is a routine report of the Superintendent of Police of West Godavari which, on the face of it, appears to be biased against the tribals and the organisations supporting the tribals. It would have been better to obtain a report from the State Government with its comments and also the District Magistrate in such matters.

It is noted that the representation to NHRC from Sakti is dated June 1997 and the report of the SP is of June 1998. The criminal cases pertain to 1996 and 1997. The present letter has been addressed to us in July 2001. As we are now in August 2001, ie more than four years since the original complaint was made, the ground level situation must be different now for better or worse. The only advice that can be offered therefore, apart from the above comments, is that the Commission may without any loss of further time.

•  request a special officer of the Commission to visit the area and make a detailed enquiry summoning the District Collector and the SP and examining all records.

•  Alternatively, the Commission may immediately summon the State Government officers specially the Chief Secretary, Secretary of Tribal Welfare Department, the Director General of Police with all the relevant records an assess the position.

•  Resolve the land problems according to the Regulations and the judgment of the Andhra Pradesh High Court.

•  secure immediate release of tribals if still in custody and ask the State Government to consider withdrawal of all case against the tribals and the supporting organisations

•  direct action against officials and others who have been found on enquiry to have harassed tribals for agitating for their legal rights

Yours sincerely

(S.R.Sankaran)

Convener

To

Assistant Registrar (Law)

National Human Rights Commission (Law Division)