By Our Correspondent
BHUBANESWAR: Former BJD Rajya Sabha MP and noted Tribal leader Niranjan Bisi has written to Odisha Chief Minister Mohan Charan Majhi seeking urgent enforcement of constitutional and statutory safeguards to prevent illegaltransfer, encroachment, and benami transactions of Scheduled Tribe land in Odisha.
“I write to express my deep concern regarding the alarming rise in illegal alienation, forcible occupation, and benami transactions of land belonging to Scheduled Tribes (STs)in Odisha. Tribal land is inseparable from the socio-cultural and economic identity ofScheduled Tribes, and its protection is a constitutional mandate backed by statutorysafeguards and binding judicial pronouncements,” Bisi said.
He further alleged that “ Despite the existence of robust legal provisions, there are widespread and credible reportsthat non-ST individuals, including builders, real estate agents, and land mafias, are systematically encroaching upon and unlawfully acquiring tribal land through coercion, fraud, and benami arrangements,”.
The BJD leader pointed out that “ The protection of tribal land is firmly embedded in the legal system: Section 23 of the Odisha Land Reforms Act, 1960 strictly prohibits transfer of land from Scheduled Tribes to non-ST persons without prior permission and mandates restoration in case of illegal transfer,”
He said “ The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) empowers GramSabhas to safeguard community resources and mandates consultation before landacquisition. The Fifth Schedule of the Constitution of India (Article 244) provides special governance mechanisms to protect tribal interests in Scheduled Areas,’
‘Article 46 directs the State to protect Scheduled Tribes from social injustice and exploitation. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 criminalizes wrongful dispossession and interference with land rights of STs.The Hon’ble Supreme Court has repeatedly upheld the sanctity of tribal land and prohibited its alienation, ‘ Bisi said.
‘In Samatha v. State of Andhra Pradesh, the Court categorically held that transfer of triballand in Scheduled Areas to non-tribals, including private entities, is null and void, andemphasized that natural resources and land in Scheduled Areas must remain with tribalcommunities. In Lafarge Umiam Mining Pvt. Ltd. v. Union of India, the Court reinforced the role of Gram Sabhas and upheld that tribal rights over land and resources must be protected through free, prior, and informed consent,” he said.
In Orissa Mining Corporation v. Ministry of Environment & Forest (Niyamgiri case), the Court recognized the decisive authority of Gram Sabhas in protecting religious, cultural,and land rights of Scheduled Tribes, making it clear that State actions must align with tribal consent.
‘In Manchegowda v. State of Karnataka, the Court upheld laws restoring tribal land from non-tribals, affirming that such protective legislation is constitutionally valid and necessary. These judgments collectively establish that any form of transfer, occupation, or control of tribal land by non-ST persons, directly or indirectly, is legally unsustainable.It is deeply troubling that: Tribal lands are being forcefully encroached upon by non-ST individuals and entities Benami transactions are being used to bypass legal restrictionsVulnerable tribal families are being coerced, deceived, or dispossessed Administrative lapses are enabling illegal transfers and post-facto regularization Such actions are not only illegal but also unconstitutional and contrary to binding Supreme Court directions,” he argued.
In light of the above, I urge the State Government to:Issue strict directions to the Revenue Department and all district authorities not to grant permission for transfer of ST land to non-ST persons, except in strict compliance with law.Launch a time-bound state-wide special drive to identify: Illegal transfers ,Benami holdings. Encroachments on tribal land, Ensure summary eviction of illegal occupants and restoration of land to the original ST landholders or their legal heirs.‘Initiate criminal proceedings under the SC/ST (Prevention of Atrocities) Act, 1989 against offenders involved in dispossession. Strengthen Gram Sabha oversight in Scheduled Areas under PESA, ensuring prior informed consent in all land-related matters.
Fix personal accountability of erring officials who facilitate or fail to prevent such illegalities. The protection of tribal land is not merely a governance issue—it is a constitutional duty and a test of our commitment to social justice. Any failure in this regard would result inirreversible damage to tribal identity, livelihood, and dignity.I, therefore, request your immediate and decisive intervention to uphold the rule of lawand ensure that the land rights of Scheduled Tribes in Odisha are fully protected, preserved, and restored,’ Bisi added.
