Tuesday, July 10, 2012

Land Record confusion created by rushed nature of 1980 survey


GOVT IN THE PROCESS OF COMMISSIONING FRESH LAND SURVEY TO RECTIFY ERRORS, UPDATE AND MODERNISE RECORDS
GANGTOK, 09 July: It has been acknowledged that there could be more anomalies in the recording of land holdings similar to that of Kumar Pradhan whose plots of land had been erroneously recorded as government land during the second land survey conducted in the state in 1980 [read “Irresponsible land survey consumes private lands, indifferent bureaucracy sells it on” published in NOW! issue dated 09 July 2012]. But while there is the case of Mr. Pradhan and about 30 other landowners of East District whose lands were wrongly recorded as government land, the State administration, while accepting part of the blame for the consequent confusion, also holds the landowners in question as being partly responsible. The High Court is currently adjudicating the issue with directions to the state administration to come up with a proposal to resolve the issue. This proposal will cover all those people whose lands have been wrongly recorded as government land in the land records with the administration.
A probe into the issue reveals that land disputes are quite common in the State due to wrongful recording of plots and also incomplete procedures regarding sale and mutation of land by landowners and buyers.
Meanwhile, one of the reasons behind the erroneous recording of plots is the manner in which the second land survey of 1980 was conducted in the state. A land survey is an exhaustive exercise and requires adequate time as well as sufficient funds.
It is informed that the 1980 survey was funded by the Central government and for starters, the funds were not sufficient. The amins or land surveyors were young and new and apart from the local amins, also roped in for the task were amins from Garhwal. There was a stiff stipulation laid down on the target for each day which was 3 or 7.5 acres to be surveyed each day, failing which the particular amin was disengaged from the assignment. This itself led to confusion and a larger concern among the surveyors to meet the daily target rather than meet the standards of the survey exercise.
Moreover, running concurrently at around the same time was the Bhoomisudar [land reforms] campaign which advocated that an individual could not hold more than 12.5 acres of land. The additional land, it was being advocated, would be taken over by the government. Though this campaign was eventually not successful, at the time of the survey, it was effective in disheartening the landowners as a result of which their cooperation in the survey was not all that forthcoming, it is informed.
While it can be speculated as to why or how landowners whose lands were recorded as government land could have been kept at bay for so long, there is an opinion that they may not have pursued their cases at the right forum or delayed due to lack of information, with may not have known how to go about it.
However, it is informed that the administration had, through the Mandals, which were the village bodies before the panchayats, tried to sensitize the people about the survey. In fact, it is informed there have been and still are land disputes because of the failure of the buyer to go in for mutation largely because he was not aware of it. Without mutation, the purchased land continues to remain in the name of the original owner and subsequently, his progeny may dispute the sale of the land.
The government is aware of the need to update and modernize the land records, for which, a proposal has already been mooted. In fact the proposal along with its financial implications was mooted quite some time back. This time, the survey is to use modern technology and methods but has not been able to take to field due to non availability of experts to handle the technology as one of the reasons. As of now, the government intends to train and prepare land surveyors and other officials on the technology. The new survey, if and when conducted, is expected to settle a variety of confusions and disputes.

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