SAMATHA JUDGEMENT

• case was against the Government of A.P. for leasing out tribal lands to private mining companies in the Scheduled areas.
• led to a historic judgement in July 1997
• court declared that the Government is also a "Person" and that all lands leased to private mining companies in the Scheduled areas are null and void.
• every Gram Sabha shall be competent to safeguard and preserve community resources
• Minerals to be exploited by tribals themselves either individually or through cooperative societies with financial assistance of the State.
• At least 20% of the profits as permanent fund for development needs apart for m reforestation and maintenance of ecology.
• Transfer of land in Scheduled Area by way of lease to non-tribals, corporation aggregate, etc stands prohibited
• Transfer of mining lease to non-tribals, company, corporation aggregate or partnership firm etc is unconstitutional, void and inoperative.
• court urged government to take a policy decision for a consistent scheme throughout the country in respect of tribal lands.