Nilgiris Biosphere Reserve - Equitable Tourism Options
Nilgiris Biosphere Reserve - Equitable Tourism Options
Nilgiris Biosphere Reserve - Equitable Tourism Options
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proper, but save as aforesaid, the order made under sub-paragraph (1) of<br />
this paragraph shall not be varied by any subsequent order.<br />
PART D-AMENDMENT OF THE SCHEDULE<br />
7. Amendment of the Schedule.-(I) Parliament may from time to time by law<br />
amend by way of addition, variation or repeal any of the provisions of this<br />
Schedule and, when the Schedule is so amended, any reference to this<br />
Schedule in this Constitution shall be construed as a reference to such<br />
Schedule as so amended.<br />
(2)No such law as is Mentioned in sub-paragraph (1) of this paragraph shall<br />
be deemed to be an amendment of this Constitution for the purposes of<br />
article 368.<br />
SAMATA JUDGMENT<br />
Samata, an NGO working in the scheduled tribal area of Andhra Pradesh,<br />
filed a case against the state government of Andhra Pradesh.<br />
This case was against the Government of AP. for leasing out tribal lands to<br />
private mining companies in the Scheduled areas.<br />
The case (SLP) filed in the Supreme Court of India led to a historic judgement<br />
in July 1997 by a three judge-bench.<br />
The Judgement declared that the Government is also a "Person" and that:<br />
All lands leased to private mining companies in the scheduled areas are null<br />
and void.<br />
Some features of the judgement are:<br />
94. By the Constitution [73rd Amendment] Act, 1992 ....<br />
every Gram Sabha shall be competent to safeguard and<br />
preserve ... community resources" . .... .<br />
clause (m) (iii) the power to prevent alienation of land in the Scheduled<br />
Areas and to take appropriate action to restore any unlawful alienation of<br />
land of a Scheduled Tribe ...<br />
110. Minerals to be exploited by tribals themselves either individually or<br />
through cooperative societies with financial assistance of the State.<br />
112. in the absence of total prohibition, the court laid down certain duties and<br />
obligations to the lessee, as a part of the project expenditure.<br />
114. At least 20% of the profits as permanent fund for development needs<br />
apart for m reforestation and maintenance of ecology.<br />
115. Transfer of land in Scheduled Area by way of lease to non-tribals,<br />
corporation aggregate, etc stands prohibited.<br />
<br />
--<br />
NiJogiris : Fading Glory 94