Samatha V. State Of Andhra Pradesh (AIR 1997 SC 3297)
- IJLLR Journal
- Feb 17, 2024
- 2 min read
Mansi Verma, LLM, TERI School of Advanced Studies
1. Background:
The samatha case is a landmark judgment which was delivered by the Supreme Court of India that addresses the issue of land alienation and exploitation of the the Community Scheduled Tribes residing in tribal areas. The case revolves around the rights of these communities and rights of the forest dwellers over forest land and resources available in Scheduled Areas of Andhra Pradesh as per fifth schedule of Indian Constitution.
2. Facts:
Borra reserved forest area along with its environs consisting of 14 villages, is the notified scheduled area in Ananthagiri Mandal of Vishakhapatnam District of Andhra Pradesh. The State Government granted mining leases in this area to several non–tribal persons.
Appeals are directed to resolve mutually inconsistent law adumbrated by two division benches of Andhra Pradesh in which it dismissed the writ petitions filed by the appellant challenging the power of government to transfer the government land situated in tribal area to the non – tribals for mining purpose. Also states that statues referred do not prohibit grant of mining leases of government land to non – tribals and does not apply to the renewals.
It is the case of appellant that after re-examination, the entire area was identified as reserved forest or at any rate is a forest area in scheduled area.
On the factual matrix, the appellant society claimed to protect the interests and life of the schedule tribes in the area.
The division bench held that by operation of the prohibition contained in Section 3 of the Regulations and Section 2 of Forest Conservation act, the appellant is not entitled to mining operations.
The appeals of Samatha were allowed and judgement of high court was set aside.
Appellant therefore, filed the appeal in the Supreme Court of India.
