During a hearing, Justice Sanjay Kumar Medhi questioned the legality of such an allotment. (k) Formation of self – help groups, seed- banks, and various other institutions should be encouraged in the tribal areas to fulfil short term credit needs which in turn can be helpful for tribes to prevent mortgages and alienation of land. The Fifth Schedule of the constitution deals with the management and administration of Scheduled Areas and Scheduled tribes where tribal groups predominate.
Bengaluru Business Corridor Project: Affected Farmers Seek Fair Compensation For Land Acquisition
- They were repelled by four policemen who happened to be there on an annual visit.
- His family’s ancestral property, the land owned by his grandfather, has now been put up for sale by outsiders.
- The formation of such an appellate authority would help in improving the procedure of restoration cases, which usually takes a long time.
- This is not just a fight for today, but for generations to come,” he asserted.
- Chiefs and warriors painted their bodies, put on headdresses of macaw fathers and performed a war dance.
He has dismissed reservations as an impediment to agribusiness, one of his top supporters. In this sense, the Supreme Court’s Saranda judgment is not just a legal milestone—it is a reaffirmation of India’s soul. The EPW produces independent and public-spirited scholarship and analyses of contemporary affairs every week. EPW is one of the few publications that keep alive the spirit of intellectual inquiry in the Indian media. On July 30, 2025, unknown assailants opened fire on his residence and vandalised his car—an attack he linked to his petition before the National Commission for Scheduled Tribes (NCST).
Assam govt mulls tribunals to safeguard tribal lands
If they have to construct a building on our land, they will have to kill us first,” Perumal says, standing outside his hut. Patnaik felt there was no threadbare discussion on this crucial amendment by the TAC prior to the Cabinet approval. “Now that it has been put on hold, the TAC members have to re-examine it thoroughly,” said the bureaucrat-turned politician who had initiated a tribal land restoration drive during his tenure as the CS. The conflict between Regulation 2, 1956 (which is older than PESA) and PESA Act, 1996 also needs to be studied, he added. CAG also conducted physical verification of the lands and revealed shortcomings in their ownership and maintenance.
Mahanta said the establishment of district land tribunals is necessitated to ensure speedy, transparent and effective adjudication of cases concerning protected areas. It will also help in https://gugobett.com/ overcoming delays inherent in the existing system where revenue authorities, burdened with multiple administrative responsibilities, serve as appellate authorities, the minister said. The Bill seeks to repeal Section 169 of the Assam Land & Revenue Regulation, 1886, and replace the existing appeal mechanism with the newly constituted tribunals. “The Tribunals, vested with the powers of a civil court, will ensure transparency, accountability and timely disposal of cases, thereby strengthening public trust in land governance,” Mahanta said.
We will set the minimum lease amount so that the tribals can earn an adequate income from the deal. The minimum lease rent will be ₹50,000 per acre per year or ₹1,25,000 per hectare (2.5 acres) per year. But farmers and private parties can mutually decide on a higher amount,” said Bawankule. To ensure transparency, the agreement will be carried out in front of the District Collector, he added. This shift, embodied in the Court’s interpretation of the Wildlife (Protection) Act, 1972 (WPA), and the Forest Rights Act, 2006 (FRA), is of profound national significance.
What are the tribal lands?
Tribal Trust Lands include reservations or Rancherias, and borders are determined by treaty or other agreement between the tribe and the Federal government. Traditional tribal territories are determined by tribes and reflect ancestral, ethnohistorical, linguistic, and contemporary ties to a geographic area.
In an interim order, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih did not stay the law in its entirety and upheld several provisions of the Act, including the key provision on tribal lands. New Delhi, Sep 15 (PTI) In one of its significant directions, the Supreme Court on Monday refused to stay a provision that barred declaration of tribal lands as waqf properties. (j) According to the Fifth Schedule of our constitution, the governor has a major role to play in land alienation. According to this provision the Governor’s secretariat has a special cell which can prepare its own report on the land alienation. But unfortunately use of such provisions has not been done by many of the governors. Thus if these constitutional provisions would be practiced then, the additional pressure on government can help in curbing out the problem of land alienation.
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