Land disputes in agency remain unsettled

Indian Express, September 18, 1995.

Rampachodavaram - The tribals of the agency area, in East Godavari district allege that Special Deputy Collector, Rampachodavaram was indifferent in setting land disputes between them and the non-tribals of the district.

Despite legal protection, the process of tribal land alienation has been blatant in the area. Thousands of acres of cultivable land has been alienated through the connivance of non-tribals and Government officials during the survey and settlement period. The tribals have been struggling to get back the lands through the court of ..

The Protective Land Transfer Regulations prohibit transfer of lands not only between the tribals to the tribals but also among the non-tribals. The law was made to arrest the alienation of land in the scheduled areas and a deputy collector was entrusted with holding enquires in the agency area of the district and evict the non-tribals from the encroachments of tribal lands.

In 1970, the Government has given more teeth to the regulations by introducing a statutory presumption clause in it that until the contrary is proved any land in the agency area in the possession of a person who is not a member of the Schedule Tribe shall be deemed to have been enquired from a member of a Schedule Tribe.

Despite such strong law the tribals are unable to get back their lands from the non-tribals due to the abnormal delay in disposing of conflicts between tribals and non-tribals and the indifferent attitude of the enforcing agencies.

A tribal, Turramrajannadora of Pothavaram village of Devipatnam mandal has filed a writ petition before the Tribal Welfare Special Deputy Collector (SDC) in February seeking the restoration of his land from a non-tribal who allegedly occupied it. The officer did not even begin the enquiry, he added.

Puttapalli Chinnabbai of Sarbahavaram village in Rajavommangi mandal alleged that though inquiry was completed in the dispute of his land by the Project Officer, ITDA, Mr. Vijayanandh in June, the SDC, Mr. Rajaratnam was dilly-dallying in pronouncing the verdict.

The feeling was echoed by a tribal, Pathara Gangaraju of Chinnampalem in Gangavaram mandal. He said he had filed a petition in 1991 against a non-tribal seeking restoration of the land from his possession. Though the burden on non-tribal to prove his case that disputed land has not been come from him, the S.D.C. the clock in reverse and has been insisting him to produce documents. He had produced a Xerox copy of the deed relating to the title of the land. However, the S.D.C. was not considering it, he expressed his inability to get back the land through legal course.

Another glaring example is, since 11 years the Tribal Welfare Officers have not been implementing the order passed by the S.D.C. and a tribal has been running from pillar to post in another case. According to Miriyala Sathyavathi of Gangavaram, in the case LTRP No: 18/77 the S.D.C. was pleased to direct on 23-8-74 special deputy tahsildar, Pidathamamidi, to put the land and measuring 9.86 acre in the possession of his father Kannayya Dora after evicting the authorized occupants. On a representation seeking the enforcement of the order, again the S.D.C. had sent a reminder to the M.R.O. Gangavaram, on 17-9-87 to deliver the lands covered by the order.

Meanwhile, Kannayya Dora died without any opportunity to hear the news that his land was restored to him. Sathyavathi said that she had been going around the M.R.O. office seeking the implementation of order after her father passed away. Till today that order was not enforced, she said.

After the S.D.C. court was constituted under the regulations 6298 cases were registered relating to the disputed land covered by an extent of 38,786 acres of which 6,093 cases were disposed of relating to 37,570 acres by December, 1994. At present 196 cases are pending disposal before the S.D.C. relating to 1126 acres. It is alleged by a legal activist that to show a lower numerical number of cases the S.D.C. had not been registering the petitions given by the tribals seeking restoration of the lands. Of the 32 petitions filed during last June only 9 were registered, according to him.

The tribals who involved in land disputes also have expressed concern over the irregularity in holding camp court at Rajavommangi. A former minister, Mr. Gorle Prakasa Rao who filed a petition in March seeking the eviction of unauthorized occupants from his patta land, was neither registered nor returned on any technical objection, according to sources. At out set the S.D.C. has not been rendering speedy justice to the tribals, it is felt.

If this grave situation continues it may give naturally a birth to a sense of distrust and resentment in the minds and hearts of the tribals over the system of administration of justice.

C. Lokeswara Rao

Eluru: Ferment is brewing in the Koya tribal bolt in the up­lands of' West Godavari district the primordial issue of land Girijans in six villages of Polavaram, Jeelugumilli and mandate have refusing to allow non-tribal farmers access to their fields over the last six months.

Tribals are demanding im­mediate action 10 distribute banjar land in the villages. They are also impatient that nothing has materialized so far from promises made months ago by the district collector to take steps identify and can­cel assignments of land in agency area to non-tribals and thus paving way for distribu­tion of land to tribals also. tribals are getting restive in tribals have been resisting implementation of orders passed by revenue officials 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 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 above 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 littia as Rs.20,000 or Rs.l5000, they apprehend that ultimately non-tribals would face evic­tion from the tribal are. Apparently there are many land hungry farmers with 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 farmer 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-tribal 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 distribute 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 to the officials are helpless against the determination of tribal to prevent cultivation. Usually the non-tribals farming lard 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 government.

Ironically, the present ferment began with an order by the special deputy collector (and transfer regulations) over complaint by one Ramineni Rathiah regarding 29 acres of land in Jellellagudem village of Jeelugumilli mandal. The man who held possession was evicted but since the ceinplainant could not establish has 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 'dharna', "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 alination of tribal land, they could continue in possession until appropriate procedure for restoring tribal land was complete.

Such "section 145" orders could not be implemented due to opposition from tribals. Then a three-point compromise was worked out implementation of pending orders in favour of tribals or non-tribals a - not disturbing non -tribals while cases are pending 3-reaaing 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 late got land records released to village committees comprising educated tribal and four girijan women. People armed with such official in formation discovered that 500 acres of banjar land was supposed to be available in Mugopala village.

The project officer of ITDA Kota Ramachandrapuram who was directed by the collector to file papers for initiating procedure for canceling assignments to non-tribals reportedly takes his own time. Then the file was returned by the collectors office because come in formation was wanting.

In the mean time Koyas in other villages took up similarly protests. While farming was not allowed in Thatiramannagudem Munugopala. Koyanagannapalem and Reddinagannampalem non-tribals were stopped from entering fields planted with cotton in Lankalapalli in the end of September. The stalemate continues.