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A tale of judgements in tribal land cases
The land story of a tribal Koya woman Chodi Durga, a resident of tribal habitat Turpu Rekulakunta of Buttayagudem mandal in West Godavari district, is a classic example of how tribals are deprived of access to justice. The woes of the tribal woman in accessing land justice further stand as a sad testimonial to unfair, arbitrary, unlawful functioning of justice delivery mechanisms in West Godavari
The land stories of adivasis seem never-ending and each one is unfolding with apathy and sabotage in the implementation process of tribal protective Land Transfer Regulations 1 of 70 (LTR). The LTR is intended to prevent tribal land alienation and restoration of alienated their lands to non-tribals in the Scheduled Areas of Andhra Pradesh and Telangana States.
The land story of a tribal Koya woman Chodi Durga, a resident of tribal habitat Turpu Rekulakunta of Buttayagudem mandal in West Godavari district, is a classic example of how tribals are deprived of access to justice. The woes of the tribal woman in accessing land justice further stand as a sad testimonial to unfair, arbitrary, unlawful functioning of justice delivery mechanisms in West Godavari district.
The land story began a decade back when a tribal woman filed a case (SR NO 15/2005) in the Special Deputy Collector (SDC-Tribal Welfare), K R Puram, seeking restoration of alienated land of Ac 5.56 in RS No 571/2 and Ac 10.72 cents in RS No 1469 located in the scheduled village Turpu Rekulagunta in Buttaigudem mandal from the hold of non-tribals. The SDC Court after an elaborate enquiry into the land case passed an order in 2006 allowing only Ac.4.72 cents of Ac .
10.72cents in Survey No 1469 and disallowed her claim for rest of the lands. However, tribal parties filed an appeal before the District Collector, West Godavari, who is a designated authority as an Agent to the Government under LTR, claiming the rest of the lands also.
The District Collector did not touch the findinsg of the SDC in relation to land of Ac.4.72 given in favor of tribals, but upheld the contention of non-tribals for the rest of the lands (SRA No 24/2007/F2 ) in 2011 after due enquiry into rival claims. But even the order given in favor of tribals in relation to Ac.4.72 was not implemented by MRO, Buttayagudem.
While it is so, non-tribal parties filed a writ petition (WP 11159 of 2016) in the High Court of AP, pleading false information that an appeal was pending before the District Collector against the order of SDC passed in SR No 15/2005 and sought protection of their possession from eviction from the land of Ac.4.72 cents.
Relying on their representation with a pen stroke, the High Court passed an order in April 2016, directing implementing authorities ‘not to give effect to the order of SDC until their appeal is disposed off”. In fact an appeal against the order of SDC was already adjudicated by the District Collector and disposed of in 2011 which was suppressed.
To cover up the misdeeds, an appeal was filed by non-tribals against the order of SDC. In fact a revision lies against such order of District Collector before the State government.
However, the District Collector usurping the power of Revision Authority-State Government (Minister for Tribal Welfare/Principal Secretary (Tribal Welfare) under LTR entertained it and passed an order (SRA 16/2016/F2) in favour of non-tribals on 10th August 2016 contrary to the order of his predecessor passed in 2011 in favour of tribals in relation to land of Ac.4.72.
This is evident from the order of District Collector (SRA 16/2016) passed arbitrarily without even giving any notice to the original tribal claimant by foreclosing their window of reasonable opportunity.
It may be mentioned here that dealing with a tribal land case, Justice Sanjay Kumar of AP High Court (WP No 34638/2015) made a serious comment on the style and functioning of District Collector’s court in West Godavari district, observing that it is negating the valuable rights of litigants.
The hapless tribal woman who has been pushed to unwarranted litigations said that she had incurred litigation expenses and its related costs of Rs 35,000 so far and indebted to non-tribals and the order of the District Collector afresh will further push her to vicious debt-trap. Unfortunately, revenue authorities are becoming part of the tribal land problems instead of the solution.
It is imperative on the part of Governor to intervene under Fifth Schedule of the Constitution to put a check to the abuse of powers of revenue officials clothed with Judicial or Quasi Judicial powers in administration of civil justice.
By:Dr Palla Trinadha Rao
