What did the Supreme Court decide in Samatha?

The Court held that ‘person’ in Section 3(1)(a) of the 1959 Regulation includes the State. Transfers of land in Scheduled Areas—including leases—to non-tribals are barred.

Do government land and leases fall under the ban?

Yes. Government land is covered and leasing is a form of transfer. So leases to non-tribals in Scheduled Areas are illegal.

Why is the Fifth Schedule important here?

It aims to protect tribal people and their resources. Economic benefits from Scheduled Areas must primarily reach tribals.

What about environmental and forest laws?

Mining in Scheduled Areas must comply with the Environment (Protection) Act, 1986 and the Forest (Conservation) Act, 1980. Violating leases are invalid.

Are joint ventures allowed?

Leases to non-tribals are void unless structures ensure tribals are primary beneficiaries, such as tribal-only cooperatives or compliant joint arrangements.

Samatha v. State of Andhra Pradesh (1997)

A classroom-style explainer on how the Supreme Court shielded tribal land in Scheduled Areas—treating the State as a “person,” and barring leases to non-tribals.

Supreme Court of India 1997 3-judge bench (2:1) AIR 1997 SC 3297 Fifth Schedule · Tribal Rights 8 min read

Author: Gulzar Hashmi · India · Published: 11 Jul 1997

Case Meta

CASE_TITLE

Title: Samatha v. State of Andhra Pradesh
Citation: AIR 1997 SC 3297
Court: Supreme Court of India
Jurisdiction: India
Author: Gulzar Hashmi
PUBLISH_DATE: 11 Jul 1997
LOCATION: India
PRIMARY_KEYWORDS: Scheduled Areas, Fifth Schedule, tribal land protection
SECONDARY_KEYWORDS: mining leases, AP Land Transfer Regulation 1959, State as person, leases as transfer
Slug: samatha-v-state-of-andhra-pradesh-1997

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Quick Summary

The Supreme Court protected tribal land in Scheduled Areas. It read “person” in Section 3(1)(a) of the 1959 Regulation to include the State. So even government land cannot be transferred or leased to non-tribals. Leasing is also a transfer. Economic gains from these areas must primarily reach tribals, and mining must follow environment and forest laws.

Issues

Do transfers of government land in Scheduled Areas to non-tribals violate the 1959 Regulation and the Fifth Schedule?
Does “person” in Section 3(1)(a) include the State Government?

Rules

Section 3(1)(a), AP Scheduled Area Land Transfer Regulation, 1959: “Person” includes the State; transfers to non-tribals are barred.
Lease = Transfer: Granting a lease gives possession/use; it is a prohibited alienation to non-tribals.
Fifth Schedule: Resources in Scheduled Areas must benefit tribals; governance must secure their economic empowerment.
Environmental Compliance: EPA 1986 and FCA 1980 apply; violating leases are invalid.

Facts (Timeline Style)

Samatha, a tribal-rights NGO, challenged mining leases to non-tribals in Scheduled Areas of Andhra Pradesh.

The 1959 Regulation bans transfers to non-tribals. The State claimed government land was outside the ban.

One AP High Court bench allowed such leases; another bench took the opposite view.

Due to the conflict, Samatha appealed to the Supreme Court by special leave.

Timeline of Samatha case from NGO challenge to Supreme Court ruling

Arguments

Appellant (Samatha)

“Person” covers the State; otherwise protection becomes hollow.
Leases are transfers; non-tribal mining in Scheduled Areas is barred.
Fifth Schedule demands that benefits go to tribals.

Respondent (State/Companies)

Government land is not within the Regulation’s ban.
Leases for mining are administrative measures, not “transfers.”
Development needs private investment and expertise.

Judgment

State is a “Person”: Section 3(1)(a) covers the State; it cannot transfer government land in Scheduled Areas to non-tribals.
Leases Prohibited: Leasing is a mode of transfer; leases to non-tribals are illegal.
Benefit to Tribals: Resources must primarily benefit tribals—directly or via tribal-only cooperatives and compliant structures.
Environmental Laws: Mining must meet EPA 1986 and FCA 1980; offending leases are void.
Leases Already Granted: Leases to non-tribals in Scheduled Areas stand null and void unless re-structured to ensure tribal primacy and legal compliance.

Gavel over hills symbolizing court protection of tribal lands

Ratio Decidendi

Reading “person” to include the State preserves the purpose of the 1959 Regulation. Any alienation—including leases—to non-tribals in Scheduled Areas is barred so that the Fifth Schedule’s promise to tribals is real, not symbolic.

Why It Matters

Prevents backdoor diversion of tribal land through “government land” or “lease” labels.
Centers tribal communities in decisions about their resources.
Links land rights with environmental and forest safeguards.