The Hindu : `Tribals can hold land under Limitation Act'

Online edition of India's National Newspaper
Friday, May 30, 2003

Southern States

Southern States - Kerala

`Tribals can hold land under Limitation Act'

By G. Prabhakaran

PALAKKAD MAY 29. About 17,000 tribal families living in the various settlements in forests in the State since 1965 can claim ownership rights over the lands under provisions of the Limitation Act 1963, according to legal experts.

The experts say that under Section 25, I(3) and Sec. (II) (f) of the Central Act (Act 36 of 1963), the tribals who have occupied the settlements uninterrupted for 30 years, by virtue of their possession, have legally acquired the ownership of the lands.

Since the settlements have been in vogue since 1965, the tribals have acquired the ownership by easement.

Part 4 (sub head: Acquisition of easements by prescription of the Act) says that ``whereas the access and use... etc., or any other easements (whether affirmation or negative) has been peacefully and openly enjoyed by any person claiming title hitherto as an easement and as of right without interruption and for 20 years, the right to such access etc., or other easement shall be absolute and indefeasible.''

Section (III) of the Act says that ``whereas the property over which a right is claimed under sub-section (I) belongs to the Government, that sub-section shall be read as if for the words 20 years the words 30 years where substituted.''

According to Section (II) (f), ``easements include a right not arising from contract, by which one person is entitled to remove and appropriate his own profit from any part of the soil belonging to another or anything growing in, or attached to or subsisting upon, the land of another. So the ownership is acquired by possession for the settlements established during 1965.''

The experts point out that under provisions of the Act, the tribals had acquired absolute ownership of the settlements by 1994 itself. And they can straight away request the Government for title deeds. In case the Government rejects their request there is ample remedy in the Court of law.

The Limitation Act precedes the Central Forest Conservation Act of 1980 and the provisions of the former are not set aside or repealed by the latter. As such, the 1980 Act will not apply in this case.

The legal experts say that the tribals may not be aware of the provisions of the law that go in their favour. And unfortunately, no efforts are made to help these hapless tribals.

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