Non-tribals cannot claim ownership of tribal land, says Madras HC

Chennai: Madras high court observed that tribal communities are considered legally vulnerable when it comes to safeguarding their immovable properties. In view of this protection, a non-tribal cannot secure ownership of land situated in a tribal area and owned by a tribal person by claiming adverse possession based on long and continuous occupation.Justice K Govindarajan made the observation while dismissing an appeal moved by Vinodhan Kandhaiah and four others, claiming title to 35.65 acres of land purchased by their father, Kandhaiah, located in the Kalvarayan Hill areas in 1995. According to the legal heirs of Kandhaiah, their father died in 1998, and since then have been in lawful possession of the land, where they cultivate fruits and spices.
In 2006, G Anandan and seven others made a representation to the authorities, claiming that the petitioners were in illegal possession of the lands which originally belonged to the tribes in the area. Aggrieved, the petitioner moved a civil suit claiming rights over the property. The trial court dismissed the suit, against which the petitioners moved an appeal. The appeal was also dismissed by the appellate court, against which they approached the HC.Representing the tribals, advocate L Parvin Banu submitted that the Constitution and the laws made thereunder treat tribals and tribal areas separately wherever needed. They need the protection of laws, as they are gullible, fall prey to tactics of unscrupulous people, and are susceptible to exploitation on account of their innocence, poverty, and backwardness extending over centuries, she said. Concurring with the submissions, the judge observed that any transfer of immovable property by a member of a Scheduled Tribe to a non-tribal without permission of the competent authority is invalid. Therefore, the wrongful possession of the plaintiffs cannot be legalised.