Reviewed case brief
Samatha v State of Andhra Pradesh
AIR 1997 SC 3297
The Supreme Court held that all transfers of land in Scheduled Areas (Fifth Schedule) to non-tribals are void, including mining leases granted by the State Government to private non-tribal companies. The prohibition protects tribal autonomy and livelihood, and the State itself cannot circumvent it b
- Court
- Supreme Court of India
- Year
- 1997
- Subjects
- Land Laws
- Reviewed
- 2026-06-18
Rule established
Transfer of land in Scheduled Areas to non-tribals (including private mining leases) is prohibited; the State and its instrumentalities are bound by the same prohibition
Facts
- The Government of Andhra Pradesh granted mining leases over lands in Scheduled Areas to non-tribal private companies
Issues
Held
- **All transfers** of land in Scheduled Areas to non-tribals, whether by private persons or the State, are void
Ratio decidendi
The prohibition on transfer of lands in Scheduled Areas to non-tribals is absolute and applies equally to government-granted leases. The Fifth Schedule and the land transfer regulations create a protective regime for tribal communities that cannot be circumvented by State action. Any interpretation that permits the State to grant non-tribals mining rights over Scheduled Area lands would defeat the constitutional protection afforded to tribal people.
How to use it in an exam
- Landmark authority on tribal land protection in Scheduled Areas
Editorial source
AIR 1997 SC 3297; verified via SCC Online
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.