Samatha, Appellant v. State of Andhra Pradesh and others with M/s Hyderabad Abrasives and Minerals (P) Ltd., Appellant v. State of Andhra Pradesh and others, Respondents

K. RAMASWAMY, S.SAGHIR AHMAD AND G.B. PATTANAIK, JJ.

A.P. Scheduled Area Land Transfer Regulation (1 of 1959), Section 3 - Word "person" in Section 3(1) - Would include both natural persons as well as juristic person and constitutional Government - Transfer of land by juristic persons or allotment of land by State to non-tribals - Stand prohibited.

Constitution of India... Schedule 5, Part 8, Para 5 - Scope - Executive power of State is subject to legislative power under Clause 5(1) of Fifth Schedule - Sub-para 5(2) combines both legislative as well as executive power – Word "regulation" in para 5(2)(b) is thus of wide import -In view of para 5(2) there is implied prohibition on States power of allotment of land to non-tribals in scheduled areas.

... Article 21 - Right to life - Scope - Right to life means something more than mere survival of animal existence - Thus tribals have fundamental right to social and economic empowerment. ... Government land in scheduled area - Transfer by Government - Permissibility - Regulation does not prohibit transfer of Government land for its public purpose.

... Transfer of lease or renewal of mining lease in favour of non-tribals - Not permissible ...(Source: AIR 1997 Supreme Court 3297)