Nilgiris Biosphere Reserve - Equitable Tourism Options

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