Illegal Land Transactions in Fifth Schedule Areas Must Be Immediately Stopped ...Adivasi Lawyers Association Telangana Committee

Bhadrachala.:12 May 20226,

Adivasi Lawyers Association Telangana State Committee
The Telangana State Committee of the Adivasi Lawyers Association strongly condemns the continuing illegal land transactions in Venkatapuram and Vajedu Mandals of Mulugu District, particularly the unlawful purchase and transfer of lands between non-tribals within the notified Fifth Schedule (Agency) Areas.Although these regions are constitutionally protected under the Fifth Schedule of the Constitution of India and governed by the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 as amended by Regulation I of 1970 (1/70 Regulation), illegal transactions and encroachments continue unabated with the tacit support and negligence of certain local revenue officials and political interests.
Under the provisions of the 1/70 Regulation, transfer of tribal lands to non-tribals in Scheduled Areas is strictly prohibited. Any transfer, occupation, mutation, or possession obtained by a non-tribal in contravention of the said Regulation is void ab initio and legally unenforceable.
The Honble Supreme Court of India, in the landmark judgment of Samatha vs State of Andhra Pradesh [(1997) 8 SCC 191], categorically held that government lands, forest lands, and tribal lands situated in Scheduled Areas cannot be transferred to non-tribals, private persons, or corporate entities in violation of constitutional protections guaranteed to Scheduled Tribes. The Honble High Courts and the Supreme Court have repeatedly reaffirmed that manipulation of revenue records, benami transactions, wills, succession claims, and indirect conveyances intended to transfer possession or ownership to non-tribals are illegal and liable to be cancelled.
Despite these binding judicial pronouncements, illegal alterations and mutations in revenue records continue to occur in several villages of Venkatapuram and Vajedu Mandals. Officials belonging to the Revenue, Forest, Tribal Welfare, and other administrative departments who facilitate or overlook such illegalities are equally accountable under law. Any mutation or revenue entry made in favour of non-tribals in violation of protective land laws constitutes a serious breach of constitutional and statutory obligations.
The Association further states that all non-tribals who have secured entries in land records through unlawful means, fabricated documents, collusive transactions, wills, or fraudulent succession claims shall be treated as offenders under the applicable laws governing Scheduled Areas. Similarly, all officials responsible for approving, processing, or neglecting such illegal transactions must be subjected to legal and departmental action.
It is deeply unfortunate that, under the guise of development, political and administrative mechanisms are enabling systematic dispossession of Adivasi communities from their ancestral lands. Through exploitation of legal loopholes and administrative irregularities, attempts are being made to alienate tribal lands and government lands situated within the protected Agency Areas.
Historically, even during the British administration, specific laws were enacted and implemented with seriousness to safeguard Adivasi lands and rights. However, nearly eight decades after Independence, successive governments have failed to effectively enforce these constitutional and statutory protections. As a result, Adivasi communities continue to face displacement, exploitation, and denial of their lawful rights.
The Telangana State Committee of the Adivasi Lawyers Association therefore demands:
Immediate investigation into all land transactions and mutations involving non-tribals in Venkatapuram and Vajedu Mandals.
Cancellation of all illegal mutations and restoration of lands wherever violations are identified.
Criminal and departmental proceedings against officials responsible for facilitating or neglecting such unlawful activities.
Public disclosure of a comprehensive report regarding the implementation of protective land laws and safeguarding of government and tribal lands in Scheduled Areas.
Strict enforcement of the Fifth Schedule protections, the 1/70 Regulation, and judicial directions issued by the Honble Supreme Court and High Courts.
This matter is being brought to the attention of the Honble Governor of Telangana, the Government of Telangana, the President of India, the National Commission for Scheduled Tribes (NCST), the Human Rights Commissions, and other competent constitutional authorities.
The Adivasi Lawyers Association is fully prepared to initiate appropriate legal proceedings before constitutional and judicial forums if immediate corrective measures are not undertaken by the concerned authorities.
The Association also calls upon the entire Adivasi community and democratic forces to remain united and vigilant in protecting the constitutional rights, lands, identity, and future of tribal communities in the Fifth Schedule Areas.

Issued By:
Sunnam Ramesh
State Leader
Adivasi Lawyers Association Telangana State Committee
Contact No.: 9550007674