Can a tribal land be given to non-tribal people? Private land has been transferred to the corporation for road construction. I want to know if tribal land should be given to non-tribal people for a lease of 99 years for the purpose of constructing roads? This is happening under the influence of local MLA. he is actually trying to construct a road to access his own lands situated in the far flung area.
This road shall increase the value of his land. Thereafter, he shall sell the lands to private persons. This is a tribal area and the intrusion of the public is not permissible. We are very afraid that the development in the area will open the arena of public access in our tribal area.
We are very concerned about stopping the construction. Sir, please advise if tribal land can be given to the corporation for construction of public road?
The government ("state") can acquire the tribal land for the public purpose. Construction of roads fulfils the public purpose because it is necessary for the development of the area. Without acquiring the private land and payment of compensation to the owners, even the government cannot do any construction.
Corporation does not come under the purview of "state" therefore, it has to approach the state government for acquisition of private land. If the corporation is trying to acquire your land you should file a writ petition in the High Court under Article 226 Constitution of India.
The High Court shall stay the proceeding because the corporation has no power to acquire the tribal land without permission of the state government.
A tribal land cannot be taken by the non-tribal person, even the corporation. Hence, the acquisition and construction of roads is illegal in the eyes of law. A tribal land cannot be given to non-tribal without prior permission of the state government. Hence, you should move a writ petition in the High Court for stay of the proceedings.
