Case Note & Summary
The proceedings comprised a group of appeals before the Supreme Court arising from judgments of the Andhra Pradesh High Court concerning the retrospective applicability of the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959, as amended by Regulation II of 1963 and Regulation I of 1970. The appeals were preferred by revenue and tribal welfare authorities, and in one appeal by a purchaser, challenging High Court decisions which had held that the Regulation did not operate retrospectively. The central controversy involved transfers of land situated in scheduled areas of Andhra Pradesh, made by members of Scheduled Tribes to non-tribal transferees prior to the commencement of the Regulation. The authorities initiated proceedings under Section 3(1) of the Regulation for eviction of non-tribal transferees and restoration of land to tribal vendors or their heirs. In each case, the Special Deputy Collector (Tribal Welfare) or Deputy Collector passed eviction orders, which were confirmed by the District Collector. The aggrieved transferees filed writ petitions under Article 226 of the Constitution before the Andhra Pradesh High Court. The High Court, including Single Judges, Division Benches, and a Full Bench, consistently held that the Regulation was not retrospective and could not affect completed transactions entered into before its commencement. Consequently, the High Court quashed the eviction orders. The authorities then appealed to the Supreme Court by special leave. The common question of law framed by the Supreme Court was whether the provisions of the Regulation and subsequent amendments had retrospective effect and could affect transfers made prior to their coming into force. The Court considered the object of the Regulation, which was to prevent alienation of tribal lands to non-tribals and to restore such lands to tribal owners. It held that the Regulation was intended to protect tribes from exploitation and that its provisions, particularly Section 3(1), applied to all transfers of immovable property in scheduled areas by a member of a Scheduled Tribe to a non-tribal, irrespective of the date of transfer. The Supreme Court allowed the appeals filed by the authorities, set aside the impugned High Court judgments, and upheld the eviction orders directing restoration of possession to the tribal vendors or their successors. The appeal filed by the purchaser in Civil Appeal No. 8424 of 1995 was dismissed, affirming the eviction and restoration ordered by the authorities.
Headnote
A) Land Laws - Scheduled Areas Land Transfer Regulation - Retrospective Effect - Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959; Regulation II of 1963; Regulation I of 1970 - The common question was whether the provisions had retrospective effect to invalidate transfers made prior to their commencement in scheduled areas. The lower courts had held that the Regulation was not retrospective and could not affect past transactions, but the Supreme Court examined the scheme and object of the Regulation. Held that the Regulation was intended to protect tribal lands and applies to all transfers of land in scheduled areas made by tribals to non-tribals irrespective of the date of transfer (Paras Not mentioned).
Issue of Consideration
Whether the provisions of the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation of 1959 and the subsequent Regulation No.II of 1963 and Regulation No.I of 1970 have retrospective effect and can affect transfers made prior to the coming into force of the said Regulations.
Final Decision
The Supreme Court allowed the appeals filed by the authorities, set aside the impugned High Court judgments, and upheld the eviction orders directing restoration of possession to tribal vendors or their heirs. The appeal filed by the purchaser in Civil Appeal No. 8424 of 1995 was dismissed.
Law Points
- Retrospective effect of Andhra Pradesh (Scheduled Areas) Land Transfer Regulation
- 1959
- nullity of transfers to non-tribals in scheduled areas
- jurisdiction of authorities to evict non-tribal transferees
- restoration of land to tribal owners
- interpretation of Section 3(1) to cover past transactions
Case Details
1995 LawText (SC) (09) 53
Civil Appeal No. 2909 of 1977, Civil Appeal No.6 of 1991, Civil Appeal No. 8422 of 1995, Civil Appeal No. 8423 of 1995, Civil Appeal No. 8424 of 1995
S.B. Majmudar, S.P. Bharucha, Faizan Uddin
1996 AIR 224, 1995 SCC (6) 545, JT 1995 (7) 1, 1995 SCALE (5) 521
The Deputy Collector & Anr.; Collector & Special Deputy Collector, Adilabad; Special Deputy Collector (Tribal Welfare) & District Collector, Adilabad; T. Rajaiah
S. Venkata Ramanaiah & Anr.; Siddamshetti Narayana; Jaithu's heirs; Madavi Nanu; Mesram Gangu's daughter
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Nature of Litigation
Group of appeals against various orders of the Andhra Pradesh High Court regarding retrospective applicability of the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959 and eviction of non-tribal transferees who purchased tribal land before the Regulation came into force.
Remedy Sought
Appellant authorities sought to set aside High Court judgments holding the Regulation not retrospective and to uphold eviction orders; in Civil Appeal No.8424 of 1995, the appellant purchaser sought to quash the eviction order and the High Court's refusal to entertain the writ petition on ground of alternative remedy.
Filing Reason
The appeals were filed after High Court decisions held that the Regulation did not apply to transfers made before its commencement, thereby quashing eviction orders; one appeal challenged the High Court's dismissal of the writ petition on the ground of availability of alternative remedy.
Previous Decisions
Various orders by Special Deputy Collector (Tribal Welfare) and District Collector ordering eviction and restoration of lands; appeals before District Collector rejected; High Court (Single Judge, Division Bench, Full Bench) held the Regulation not retrospective and quashed eviction orders; in one case, Single Judge dismissed the writ petition but Division Bench confirmed, leading to appeal.
Issues
Whether the provisions of the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation of 1959 and the subsequent Regulation No.II of 1963 and Regulation No.I of 1970 have retrospective effect and can affect transfers made prior to the coming into force of the said Regulations.
Ratio Decidendi
The Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959, as amended by Regulation II of 1963 and Regulation I of 1970, is retrospective in operation and applies to all transfers of immovable property situated in scheduled areas made by a member of a Scheduled Tribe to a non-tribal, irrespective of the date of transfer. The object of the Regulation is to protect tribal lands from alienation and to restore such lands to tribal owners.
Judgment Excerpts
Whether the provisions of the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation of 1959 and the subsequent Regulation No.II of 1963 and Regulation No.I of 1970 have retrospective effect and can affect transfers made prior to the coming into force of the said Regulations.
the provisions of the Regulation were not retrospective in nature and could not affect past transactions like the transaction in question which was reflected by Registered Sale Deed dated 19th June 1919
the provisions of the Regulation did not affect the past transaction of 1942 in favour of respondent
Procedural History
In each case, the Special Deputy Collector (Tribal Welfare) or Deputy Collector initiated proceedings under Section 3(1) of the Regulation and passed eviction orders against non-tribal transferees. Appeals to the District Collector were rejected. The transferees filed writ petitions under Article 226 before the Andhra Pradesh High Court. The High Court allowed the writ petitions, holding that the Regulation was not retrospective. In one case, a Single Judge dismissed the writ petition on the ground of alternative remedy, which was confirmed by the Division Bench. Aggrieved, the authorities and one purchaser filed special leave petitions before the Supreme Court, leading to the present group of appeals.
Acts & Sections
- Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959: Sections 2(a), 3(1)(a), 3(1), 3(2)
- Regulation II of 1963:
- Regulation I of 1970:
- Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950: Section 38(E)
- Constitution of India: Article 226
