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| West Godavari |
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| East Godavari | Khammam |
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West Godavari is the smallest Agency area in Andhra Pradesh comprising of only 3 mandals. These mandals are a part of Kovvur Revenue Division which includes 18 mandals (15 are non-tribal). As a result the 3 tribal mandals do not receive the quality of attention that is given by a sub-collector. The Project Officer of Tribal Welfare is also not from the IAS cadre. His role is also confined to development and does not encompass land issues. The non-tribals adopted the strategy of obtaining stay orders from various courts and thereby virtually stalling the process of disputed land identification and distribution. Even where District administration had clearly found that land was occupied without title by non-tribals, stay orders were obtained from the High Court on frivolous grounds to prevent further action.
In 1992, SAKTI discovered this abuse of legal process where stay orders supposed to be in force for 60 days were being used for years and even decades together. By virtue of its past work in East Godavari district, SAKTI was able to obtain locus standi to implead in these cases. By 1996 all the 32 separate writ petitions that were holding the disposal of cases were consolidated into one batch, the Collector filed his affidavit in support of SAKTI’s stand and the cases were listed for final hearing before the High Court. The continuation of these stay orders for so long a time had created a false impression in the area that there was a "general stay" in West Godavari, by quoting which many other cases where disputed land was identified were also not being decided. This fictitious concept was now under serious challenge and its end was now inevitable. By its action, SAKTI had exploded this myth of "general stay" which sent shock waves through the illegal non-tribal occupants of tribal land in the district. Meanwhile, the public reading of land records in the presence of the District Collector became a practice in the tribal areas. The tribals by this time were motivated to pursue their rights over land by the reading of land records and well aware of the implications of the vacation of stays by Courts. They were now closely looking at the lands in their respective villages Survey number by Survey number and questioning how the transfers to non-tribals had taken place in the past despite the laws preventing such transfers. Non-tribals then attacked and tried to intimidate tribals in Busarajapalli village which is located in the midst of non-tribal areas. Instead of their usual meek acceptance of the punishment sought to be meted out by non-tribals, they responded aggressively to the attack and chased away the attackers. After this incident, the non-tribals attacked the office of the Mandal Revenue Officer and burned the land records for the entire area. Much of the land in West Godavari is fertile, irrigated, and valuable - with conservative estimates of market prices ranging up to Rs.150,000 per acre for prime land; being fertile the land also generates a significant income. Now that the writing on the wall was clearly visible, the non-tribals fell back on an old strategy that has served them so well over the years: using amenable police officers to terrorise the tribals and break their will to fight for their rights. The managed to get a Deputy Superintendent of Police amenable to their influence posted in Jangareddigudem, which has jurisdiction over this area. This officer launched a terror campaign to intimidate tribals and SAKTI’s staff by foisting hundreds of false criminal cases on them. His role was even noted in a meeting of the Cabinet sub-committee which criticised the police for its ineffectiveness in maintaining peace and for taking sides with the non-tribals. The tribals kept up their vehement protest against his actions till he was transferred from the area in September, 1997 (unfortunately he was posted to Rampachodavaram where he started a campaign of vicious attacks on SAKTI, its staff and office and booked many false cases against tribals and SAKTI’s staff - described later). Meanwhile the Communist Party of India (Marxist) tried to hijack the land movement in Butayyagudem area. In response, in 1999, a Sub-Inspector of Police with a notorious record of encounter killings and lock-up deaths was posted in Butayyagudem Police Station. Through his vicious actions, he managed to kill the land movement in this area. The non-tribals then got him transferred to Jilugumilli area in early 2000 where he continued his repressive actions for almost one year. The tribals in that area resisted his efforts vigorously and as a result the Police had to allow the tribals to enjoy the land which they had negotiated earlier pending final settlement by the authorities. This Sub-Inspector was later suspended by the government due to his involvement in unlawful activities.
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AWAKENING AMONG TRIBALS IN AGENCY TRACTS
- The Hindu, Thursday, August 3, 1995 |
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From Our Staff Reporter
RAJAHMUNDRY, Aug. 2.
The series of events in the last two months in the agency tracts of West Godavari district, specially in the mandals of Jeelugumilli, Buttayagudem and Polavaram, which led to grave law and order problem, has shown that there has been a new awakening among tribals about their rights. They are asking inconvenient questions like, "when our land holdings are getting reduced for various reasons like division of property among offspring, how is it that those of non-tribals are increasing?"
The tribals are also questioning the ownership of lands of many a non-tribal in the agency area. Basically, the fight is for lands in the agency area. When senior officials went to the spot and asked the tribals whether they want seeds, fertilizers or pumpsets, the reply was – "What do we do with all this without land. Give us some land."
The origin of the series of incidents can be traced to a decision taken, on May 4, by the Special Deputy Collector (Tribal Welfare), Kotaramachandrapuram, West Godavari district, in which about 27 acres of fertile land in Jilellagudem village in Jeelugumilli mandal was taken over by the authorities. In the face of strong pressure, specially on Mr.Arvind Kumar, Sub-collector, Kovvuru, land was distributed to tribals by May 30. This was stated to be a rare incident and had sent shock waves among farmers having lands in the tribal areas.
Court stay:
On previous occasions, what the non-tribal farmers did was to get a stay order from the High Court, for which there was 60 days time, and continue to enjoy the fruits of the land. But on this occasion, officials argued that the time of 60 days was meant for appeal and in no way came in the way of distribution of land taken over from the non-tribals. As expected, the non-tribals did bring a stay order from court but it became infructuous because lands had already been distributed.
However, this led to friction between tribals and non-tribal farmers in the agency area. In one particular incident, the tribals had gathered in strength and attacked non-tribal farmers, resulting in injuries to 20 persons. This was in the first week of May and the core issue was some 600 acres in Jillellagudem village.
This led to the arrest of many tribals and promulgation of Section 145 which prevented entry, by both tribals and non-tribals. Encouraged by a favourable decision in the case of lands in Jeelugumilli, tribals in other parts have also occupied lands of non-tribals, which the later have been enjoying for the last several decades. Subsequent events have strengthened the claims of tribals. For example, more than 60 non-tribal farmers have been enjoying an extent of 160 acres in Jillelugudem village.
The tribals, including some women, occupied these holdings, asserting that the land in question, that is 160 acres, was part of AWD (Assessed Waste Dry) or what is popularly known as Government Poramboke, over which they (tribals) had a claim because it was located in agency area. When officials asked the non-tribal farmers to produce documentary evidence in support of their claim over the lands, 17 farmers could not do so in respect of another 26 acres.
This phenomenon of tribals occupying lands of non-tribal had spread to other villages and hamlets such as Rachanagudem (where 29 acres had been distributed to tribals) Munugopula, Reddinagapalem, Koyanagapalem, etc, while tribals claim that the land under possession of non-tribal farmers is AWD.
Relay fast by non-tribals
Since this is the start of the kharif season and farmers would have to commence their operations and this has been objected to by the tribals. The non-tribals started relay hunger strikes. Some farmers alleged that the Rampachodavaram based voluntary organisation "Sakti" was "instigating" the tribals. However, the chief of "Sakti", Mr.Sivaramakrishan, was not apologetic and asserted that his organisation would fight for the tribals rights.
The lion’s share of the land is in the possession of non-tribals in the three agency mandals viz Polavaram, Buttayagudem and Jeelugumilli. According to official figures, while the percentage of tribals in Polavram is 59 (total population 17,787 of which 10,524 are tribals) and in Buttayagudem 60 (total population 46,458 of which 27,954 are tribals), it is only 26 in Jeelugumilli (total pupulation 25,336 of which tribals are 6,627). While an extent of 13,358 hectares is held by the tribals, as much as 28,367 hectares is being enjoyed by the non-tribal farmers in the agency area.
As of now, both tribals and non-tribals have agreed on certain points. Status quo will be maintained, which means, tribals will enjoy the lands for which pattas were given to them recently and they will also not occupy lands of non-tribals till a survey is conducted and ownership rights are decided. Officials have also agreed to read out, in public, the status of land holdings. In fact, records were read out in public in Munugopula Jillellagudem on July 15. This was considered to be a victory for the tribals.
During 1987, a survey was done to implement the Telugu Girijan Maagani Samaaradhana Scheme (TGMS). This survey had identified the extent of Govenment lands, encroachments by non-tribals, the extent of cultivable land available, etc. The tribals have also been demanding publication of these details.
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Tribals for eviction of encroachers |
- C. Lokeswara Rao
- Newstime Thursday 19 October, 1995. |
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Eluru: Ferment is brewing in the Koya tribal belt in the uplands of West Godavari district over the primordial issue of land Girijans in six villages of Polavaram, Jeelugumilli and Manugopala mandals have been refusing to allow non-tribal farmers access to their fields over the last six months.
Tribals are demanding immediate action to distribute banjar land in the villages. They are also impatient that nothing has materialised so far from promises made months ago by the district collector to take steps to identify and cancel assignments of land in agency area to non-tribals and thus paying way for distribution of land to tribals. Also, non-tribals are getting restive that tribals have been resisting implementation of orders passed by revenue officials to allow present owners (i.e. non-tribals) to cultivate lands until due process is completed for evicting encroachers.
A non-tribal was injured by an arrow in a clash between tribals and non-tribals over land in May and when seven tribals were arrested after the clash, hundreds of tribals armed with bows and arrows marched on to the Jeelugumilli police station. Now, with non-tribal farmers having to virtually miss the present kharif season, a law and order situation is building up in the villages swept by the ferment against non-tribals. Three police pickets have been stationed but tension is building up.
Uplands in West Godavari district, referred to in revenue jargon as Assessed Waste Dry-lands (ASD) in these parts, are prized on account of rich yields of cash crops like chilly, cotton and tobacco. Land commands a price of about Rs.1.5 lakh an acre in the adjoining non-tribal area of Jangareddigudem mandal. Non-tribal encroachers who have been farming land over some decades tend to sell land for as little as Rs.20,000 or Rs.15,000 as they apprehend that ultimately non-tribals would face eviction from the tribal area. Apparently there are many land – hungry farmers who venture to buy land here, mainly on account of rich crop yields. Cotton farmers reportedly pay annual lease of Rs.8,000 an acre here.
A campaign against non-tribal farmers was built up in recent years after Sakthi, a voluntary agency, began to arm villagers with information on banjar lands supposedly available in respective villages. While some complaints are pursued against non-tribals, the general stand of tribals is that they want immediate distribution of banjar land (which might have been encroached). The girijans are prepared to wait for eviction of non-tribals and distribution of such land. However, in order to lend teeth to their agitation for banjar land, they are taking a stand that non-tribals would not be allowed to cultivate their fields until government distributes banjar land. Officials of intermediate levels, like mandal revenue officers or police, can perhaps help in delaying the process of evicting non-tribals. But even these officials are helpless against the determination of tribals to prevent cultivation. Usually the non-tribals farming land in these tribal villages, live in some other villages and they have been unable to break the resistance of tribals even when they come in convoys of tractors. The non-tribals have been trying other methods like ‘dharnas’ to bring pressure on government.
Ironically the present ferment began with an order by the special deputy collector (land transfer regulations) over a complaint by one Ramineni Rathaiah regarding 29 acres of land in Jillellagudem village of Jeelugumilli mandal. The man who held possession was evicted but since the complaint could not establish his tribal status, the land was to be distributed among tribals. The sub-collector of Kovvur took prompt action to evict the encroacher against whom a complaint was pursued. Later, following protests like hunger-strikes and ‘dharnas’ "section 145" order was passed restraining both parties from entering the disputed land until a revenue order is passed in the matter. The sub-collector then passed an order which noted that while non-tribals in possession of land had violated "section one of 70" dealing with alienation of tribal land, they could continue in possession until appropriate procedure for restoring tribal land was completed.
Such "section 145" orders could not be implemented due to opposition from tribals. Then a three-point compromise was worked out. 1 - implementation of pending orders in favour of tribals or non-tribals. 2 – not disturbing non-tribals while cases are pending. 3 – reading out records of Telugu Girijana Magani Samaradhana (agency land survey conducted in 1987) in all villages.
The collector of West Godavari visited the area in July and later got land records released to village committees comprising one educated tribal and four girijan women. People armed with such official information discovered that 500 acres of banjar land was supposed to be available in Munugopala village.
The project officer of ITDA at Kota Ramachandrapuram who was directed by the collector to file papers for initiating procedure for canceling assignments to non-tribals reportedly took his own time. Then the file was returned by the collector’s office because some in formation was wanting.
In the mean time Koyas in other villages took up similar protests. While farming was not allowed in Thatiramanna gudem, Manugopala, Koyanagannapalem and Reddinagannapalem, non-tribals were stopped from entering fields planted with cotton in Lankalapalli in the end of September. The stalemate continues.
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DISTRICT COLLECTOR REPORT TO GOVERNMENT |
| - July 1996 |
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he 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 orginally at the time of survey and Settlement in the year 1932 as A.W.D. in the Settlement Register, which are 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 as A.W.D. in village Accounts in taken over Estate Villages should be assigned to the Tribals only by evicting non-tribals from those lands.
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"It was decided to post an independent Settlement officer to finalise the pending settlement cases within six months: (Action: Rev.Department)"
- The minutes of the Chief Minister’s meeting on 6-8-1996 at 2.30 P.M.
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