land administration part ii
TRANSCRIPT
Land Revenue Administration and Land Acquisition
Dr. D Sajith Babu, Nodal Officer, National Centre for Land Governance
IAS induction Training Programme at IMG, Trivandrum on 16.09.2015
INNOVATIVE LAND ADMINISTRATION PRACTICES –
KERALA EXPERIENCE
Doctrines in Land Governance
• Doctrine of Eminent DomainIndian jurisprudence regarding eminent domain inevitably traces the concept back to its roots in Grotius, and justifies its use based on the proposition that all land vests in the “sovereign,” which can reassert its right over the land of its “subjects” at any time.
• Doctrine of Public TrustThe public authorities should act as trustees of natural resources
In two tenure system LAND may be defined as “ the solid ground on earth primarily classified based on tenure as Public land and Private land. Private land refers to the portion of land conveyable by a deed and Public land means the land belonging to Government, used to encourage economic development, reserved for public use and for the settlement of the landless”
TACKLING ISSUES WITH THE PUBLIC LAND TACKLING ISSUES WITH THE PUBLIC LAND
Plight of Public / Government / Poromboke / Tharisu Lands
• Inaccessible / Unreliable / highly tampered records
• Underexploited resources
• Heavily encroached
Kerala State Land Bank……..
An attempt to SYSTEMATICALLY INVENTORISESYSTEMATICALLY INVENTORISE all public
lands to PROFESSIONALLYPROFESSIONALLY manage the same in future, in
order to assure RATIONAL USE RATIONAL USE of public lands, with the
wholehearted SUPPORT FROM THE PUBLICSUPPORT FROM THE PUBLIC, in the most
TRANSPARENTTRANSPARENT manner.
www.kslb.kerala.gov.in
OBJECTIVES …….
ADVANTAGES OF THE PROJECT• With the successful completion of the project the Government and the public would
be in a position to recognize which all are the public lands in the state.• More and more Government lands could traced out with the peoples' participation
through valuable information from the public through phone messages, complaints etc.
• The data base is acting as a ready reference for the Government, to plan and formulate development programmes without going for costly land acquisitions.
• The project ensures People Participatory Eviction Approach to evict the encroachments on Government lands.
• Centralized control and management of leases through the Lease Alert System [LAS] as part of the system.
• The Government lands are being managed and monitored in a better and professional manner.
• The returns from Government lands will be enhanced many fold through better and professional management in future.
• Timely action against encroachments and time expired leases through alerting systems.
• This is the first, foremost and even now the only initiative of this kind in the country.
• It is the system wherein the entire Government land transaction is subjected to public scrutiny.
• In this project each and every bit of Government land is being assigned with a 12 digit unique code for the easy retrieval of the data by the users.
• The entire planning and execution of the project has been purely internal and there are no outside or hired consultants for the project.
• The entire automation process and software in use are Free and Open Source Software [FOSS] which makes the project financially independent for the future on account of version changes in the software.
• The entire staff has been trained in the Software internally through the “On the Job In-house Training Programme” and all are from the department. This makes the project independent on the Human resource side as well.
• The entire system has been developed and is being sustained purely through “Internal Resource Mobilization” on account of human resources.
• The entire financial dealings of the project are available in the website for the public scrutiny on day today basis towards social audit of the project.
• A specialized force PLPF [Public Land protection Force] for the protection of Government land is being introduced in the Department as part of this initiative.
• For the benefit of the public an Interactive Voice Response System [IVRS] is being introduced to make the Public Reporting system on encroachment and new cases, on 24 X 7 basis
TACKLING THE PRIVATE LAND ISSUES TACKLING THE PRIVATE LAND ISSUES
• Highly tampered manual records • Non existence of “Rights” granting regulation• Legislative lacunas – Registration Act, 1908
- Transfer of Registry Rules, 1966- Encumbrance Certificate- Kerala Land Reforms Act, 1963- ST land alienation- Survey & Boundaries Act, 1961
• Redundant transfer procedures on land – Document writer, Sub Registrar, Surveyor, Village Officer etc.
REVENUE LAND INFORMATION SYSTEM [ReLIS]
Objective To ensure automatic updation of land records through online Transfer of Registry subsequent to deed transactions
Date of launchDate of launch 15.10.201115.10.2011
StatusStatus 20855 online Transfer of Registries and 30678 RoRs have been issued online now being monitored through http://59.90.102.96/relis/status.php
Future plan Online payment of basic tax through the introduction of online payment delivery gateway
Issues Registration department is yet to introduce the proposed amendment in Rule 30[A][4] of Registration Rules [Kerala]
COMMON LAND DATABASE
VILLAGE OFFICE O/o The Addl.
Tahsildar
2. PREPARES APPLICATION FOR THE LAND TRANSACTION
1. GETS BHOOREKHA
Public access
SRO
Akshaya Center
3. Verifies the data entry with TP number from the common land database
PartWhole
Online Land Tax Payment
Data access to other departments
Sends the processed applicaation for verification of SRO
Verifies the data entry with TP number from the common land database
ADVANTAGES OF THE PROJECT
•This ensures equality and justice envisaged in the Constitution•This ensures transparency in all land transactions.•This ensures “anytime and anywhere” transaction of lands at Revenue offices•This will check transaction of Government lands.•The land holder can get Bhoorekha [RoR] from any of the Akshaya Common Service centres in Kerala.•It curbs the entire corruption associated with land transactions.•Government will get more income as it will be linked to fair value of land.•The suspicious land transactions in the sensitive areas would be curbed.•The Land Reforms Act,1963 can be implemented in a more meaningful manner.•The transfer of registry is assured promptly and swiftly on FIFO principles.•It is a great leap towards assured Citizen Services•Better credit flow under assured land records.
TACKLING THE LANDLESSNESS ISSUE TACKLING THE LANDLESSNESS ISSUE
CETIFICATE SERVICES UNDER THE e DISTRICT PROJECT
Objective To ensure issue of digitally signed online certificates within the time limit prescribed in Citizen Charter / Right To Services Act,2012
Date of state wide Date of state wide roll outroll out 26.03.201326.03.2013
StatusStatus More than 1.50 crores online certificates have been issued online so far
Future plan Integrating more databases for online verification at time of issuance of certificates
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
• Consent of 80 per cent landowners required for private projects, 70 per cent for PPP projects and none for government projects
• Social Impact Assessment [SIA] study is mandatory for projects and sometimes even Environmental Impact Assessment [EIA] study
• Irrigated multi-cropped land cannot be acquired beyond a specified limit.
• If land acquired under the Act remains unutilized for five years from taking possession, it must be returned to the original owners or a land bank.
• The Act of 2013, will apply in case an award has been made five years or more prior to the commencement of the Act, but the physical possession of the land has not been taken or compensation not paid
• The provisions of the Act are also applicable when land is acquired for public purpose for private companies
CONCERNS RAISED ON AMENDMENTS• Since most acquisitions fall Industrial corridors, Public Private
Partnership projects, Rural Infrastructure, Affordable housing and Defense categories, this will nullify the safeguards of the 2013 act.
• No obligation on Government to carry out a Social Impact Assessment [SIA] study
• This is a cosmetic addition taken from the existing SIA process prescribed under the 2013 act. In effect the government has instead made a minor addition to mollify the concerns of affected families
• Nobody is held accountable for delays in utilizing the acquired land• The definition of ‘compensation paid’ as laid down by the Supreme
Court has been nullified• The change of term from private company to private entity ensures
that anybody can request the government for acquisition.
Dr.D Sajith BabuNational Centre for Land Governance,
Institute of Management in Government, Government of Kerala,
Trivandrum – 695 [email protected]
09447271243
Thank you