Agency (Scheduled Area) land in Andhra Pradesh: can a non-tribal buy near Araku or Paderu? 1/70 rule check
Short answer: in Andhra Pradesh's Scheduled Areas (agency areas), for example the 11 scheduled mandals of the Paderu ITDA division in Alluri Sitharama Raju district, which includes the Araku belt, the 1/70 rule makes a transfer of land by a tribal to a non-tribal void. Land held by a non-tribal there is presumed to have come from a tribal unless proved otherwise, and officials can order eviction. Before you buy a resort plot or farm land near Araku, Paderu or other hill villages, confirm whether the village is in a Scheduled Area.
Who this is for: Vizag, Vijayawada and NRI buyers offered hill-station plots, coffee land or homestay sites in the agency areas, and anyone buying from a non-tribal seller there.
What the Regulation and official pages say (Andhra Pradesh)
| Point | Source and what it says | Status |
|---|---|---|
| Scope | Section 2(a) of the 1959 Regulation defines agency tracts as the Scheduled Areas notified by the President under paragraph 6(1) of the Fifth Schedule. For the AP side its title lists the former East Godavari, West Godavari, Visakhapatnam and Srikakulam districts. | Regulation text read 24 Oct 2026 (unofficial copy); your mandal: to verify |
| Void sales | Section 3(1)(a), substituted in 1970: when a tribal owner parts with land in an agency tract to anyone other than a tribal or a co-operative made up only of tribals, the deal is absolutely null and void. | Read 24 Oct 2026 (unofficial copy) |
| Burden on the holder | Section 3(1)(b) shifts the burden: a person who is not a tribal and holds agency land is taken to have got it from a tribal, unless they prove otherwise. | Read 24 Oct 2026 (unofficial copy) |
| Deals covered | Under section 2(g) the word covers leases, mortgages, gifts, exchanges, sales, charges and agreements; section 3(4) adds auction sales under a decree and benami purchases routed through a tribal. A will, a partition and inheritance are outside it. | Read 24 Oct 2026 (unofficial copy) |
| At the Sub-Registrar | Section 3-B: a registering officer is not to register a transfer of agency property unless the buyer's declaration, in the prescribed form and open to verification, shows the buyer is a tribal or a tribal-only society. | Read 24 Oct 2026; form details: to verify |
| If the rule is broken | Under section 3(2) the Agent or a prescribed officer may evict the occupant and hand the land back to the tribal or their heirs, acting even without a complaint. Section 6-A: up to one year's rigorous imprisonment, a fine of up to Rs 2,000, or both. In Samatha v. State of A.P. (1997) the Supreme Court said a non-tribal who takes such land acquires no title. | Read 24 Oct 2026 (Samatha via search copy) |
| Scheduled mandals in ASR district | Alluri Sitharama Raju district, Tribal Welfare Department page: the Paderu ITDA division has 11 Scheduled area mandals. | Page read 24 Oct 2026 (HTTP 200); your mandal: to verify |
| Other AP agency areas | The Regulation's title names the old East Godavari, West Godavari, Visakhapatnam and Srikakulam districts. After the 2022 district reorganisation, the villages sit in new districts; confirm with the Tahsildar or ITDA. | To verify |
Five checks before you buy land near Araku, Paderu or other AP agency villages
- Confirm the status in writing from the Tahsildar or the ITDA: is this village and survey number in a Scheduled Area?
- Read the record chain in Meebhoomi and the EC. A tribal owner earlier in the chain followed by a non-tribal one is a red flag.
- Search the IGRS prohibited list and run an eCourts search.
- Avoid "lease for 99 years" or "agreement only" offers. Leases, mortgages and contracts are transfers under s.2(g), and a tribal front buyer is benami under s.3(4).
- Take a lawyer's written view on the survey number. Assigned land carries a separate bar; see our DKT patta and 22-A page.
Common mistake: assuming that a resort or homestay "project" with a brochure must be legal. A non-tribal company or individual is not exempt; ask for the written Scheduled Area status before you pay.
Related guides
Land in Telangana? See the Telangana guide to agency-area land.
Not legal advice. This page summarises the Regulation text (an unofficial copy), official department pages and one Supreme Court judgment read on 24 Oct 2026, with unconfirmed items marked "to verify". It does not say whether any particular village is a Scheduled Area. Have a property lawyer check the survey number before you pay.
A free sample from our Andhra Pradesh property do-it-yourself pack: which documents to collect, which portal to open, and in what order, so you know whether land can legally pass to you before money moves.
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Can outsiders buy land in Araku?
If the land is in a notified Scheduled Area, a transfer by a tribal to a non-tribal is void under the 1/70 rule, and non-tribal possession is presumed to come from a tribal. Confirm the village status with the Tahsildar or ITDA Paderu.
Which AP areas are Scheduled Areas?
The Regulation names the old East Godavari, West Godavari, Visakhapatnam and Srikakulam districts' agency tracts. The ASR district site says the Paderu ITDA division has 11 scheduled mandals. Village lists: to verify.
Does inheritance count as a transfer?
No. Section 3(4) excludes partition and devolution by succession.
Can a bank loan be taken on agency land?
Section 3-A allows a mortgage without possession to a co-operative society or approved bank, but on default the land can be sold only to a tribal or an ST-only society.
Will the Sub-Registrar register a sale to a non-tribal?
Section 3-B bars registration unless the buyer declares, in the prescribed form, that they are an ST member or ST-only society.
Official sources
- A.P. Scheduled Areas Land Transfer Regulation 1959 (unofficial copy)
- Alluri Sitharama Raju district: Tribal Welfare Department
- Samatha v. State of A.P. (1997)
Not legal advice. We don't check properties or certify ads. A lawyer must confirm title, and the Authority's own notices override anything on this page.