ISSUE:
Whether the transfer of government land in Scheduled Areas to non-tribals, including private entities, violates the Andhra Pradesh Scheduled Area Land Transfer Regulation, 1959, and the Fifth Schedule of the Constitution?
Whether the term "person" in Section 3(1)(a) of the Andhra Pradesh Scheduled Area Land Transfer Regulation, 1959, includes the State Government, thereby restricting it from transferring land in Scheduled Areas to non-tribals?
RULE:
The term "person" under Section 3(1)(a) includes the State, preventing it from transferring land in Scheduled Areas to non-tribals. The protection of tribal land would be rendered meaningless if the State could transfer its land to non-tribals while individuals were prohibited from doing so.
Leasing is a mode of land transfer. A lease grants possession and use rights, effectively alienating the land. Since the regulation prohibits transfers to non-tribals, granting leases to them is also prohibited.
The Constitution mandates that resources in Scheduled Areas should be used to benefit tribals. The economic empowerment of tribals is central to the Fifth Schedule, and permitting non-tribals to exploit land in Scheduled Areas contradicts this mandate.