Tribal land alienation: Government will have to give away forest tracts, says RTI

The government will have to find alternate land to the extent of 2431.44 acres, mostly forests, to compensate the adivasis of Attappadi whose lands have been alienated, according to the details secured from the office of the Sub-Collector, Ottappalam under the Right to Information Act.  The advisor to the Prime Minister T K A Nair, who paid a three day visit to Attappadi, in a letter to Chief secretary E K Bharat Bhushan, had said that the issue of alienated land need to be settled within the next six months.

In 1987 when applications were invited for the restoration of alienated land, the government received 2,432 applications, demanding more than 10,000 acres of land, said Ottappalam Sub-Collector Dr A Koushigan.

Based on the Kerala Scheduled Tribes (Restriction on transfer of lands and Restoration of Alienated Lands) Act, 1975, a total of 955 land alienation claims were ruled in favour of tribes. As per the the Act, 3,422 acres of land were to be restored back to the tribals.

Subsequently, the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999, was passed unanimously by the Kerala assembly which led to the division of the alienated land into three categories. There were 205 cases involving more than 2 hectares (alienated extent - 1633 acres), 723 cases below 2 hectares (alienated extent - 1763 acres) and 27 cases of land alienation after January 24, 1986 (alienated extent 26 acres), said Koushigan.

He said that as per the Supreme Court verdict, all land transactions post January 24, 1986 were void. Similarly, in cases of land transactions done prior to January 24, 1986, plots in excess of two hectares should be returned. When K E Ismail was the Revenue Minister, Chief Minister E K Nayanar had in a ‘pattayamela’ distributed around 1062 acres of land in Sholayur and Pudur panchayats. But the 361 tribals did not occupy it stating that it is uninhabitable.

However, as per Govt records 91.50 acres of lands have been restored to the adivasis over various points of time. As all lands purchased from tribals, which were above 2 hectares, were not valid under the 1999 Act, 381 acres in the hands of non-tribals will have to be restored to the tribals.  Alternate land has to be found for compensating the tribals for the remaining alienated land under this category (1633 acres - 381 acres = 1252 acres). Of it, revenue land to the extent of 135.72 acres in various villages of Attappadi have been identified.  The balance required is 1116.28 acres (1252 -135.72 = 1116.28 acres). In the second category of 1763 acres of lands alienated below 2 hectares, 282 acres have been allotted to 114 tribals of Kottathara and Pudur villages (1763 - 282 = 1481 acres). Revenue land has been identified to the extent of 166.60 acres in various villages of Attappadi. The balance required is 1314.96 acres (1481.56 - 166.60 = 1314.96 acres). Thus, the govt has to find 2431.44 acres (1116.48 acres + 1314.96 acres). As the availability of revenue land was limited, forests lands have to be identified and distributed to the adivasis.

There was no need for any new survey of the lands in Attappadi as the records of the survey done in 1964 under the Madras Boundaries Act is available. The panel headed by the former Chief secretary which had enquired into the windmill issue had found that the registration and revenue departments had registered 400 acres in survey No 1275 in Kottathara village of Sholayur panchayat.