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EXISTING LEGAL ISSUES AND DIGITISATION OF LAND RECORDS BY: MALAVIKA K
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EXISTING LEGAL ISSUES AND
DIGITISATION OF LAND RECORDS
AUTHORED BY: MALAVIKA K[1]
ABSTRACT:
Digitalisation of land records has
been introduced by Indian government in the name of Digital India Land Records
Modernisation Program in order to modernise the land record system in the
country. It includes computerisation of land records and registrations, survey/
resurvey etc. This will provide transparency and inter connectivity between
revenue and registration of lands. Under this program a Unique Land Parcel
Identification Number will provide a 14-digit alphanumeric unique ID to all
lands which has been surveyed. This unique ID will help to understand the
illegally held lands and also help rural land owners to get loans, there will
be no fear of loss of documents due to natural calamities as they are digitally
secured. But it comes with certain caveat. Some of them are: even though India
is considered to be a digital hub, millions of people even now doesn’t have
access to internet and they are digitally illiterate. Another major concern is
related to the forest area. Forest Right Act provide individuals and communities
right over forest lands. Only 14.67 % of forest area has been recognised after
the implementation of FRA as per reports. The forest lands have been used by
the local communities traditionally without any formal land holding titles.
Since there are no land holding titles there is always a risk of the customary
used forest land being added to land banks or utilized for industrial
establishments, developmental activities or even for Compensatory Afforestation
Fund Management and Planning Authority plantations.
The objectivity of the paper is to
analyse and determine the effect of ULPIN in forest dwelling citizens whose
legal claim to the forest land remains unsettled. The paper examines about
applicability of ULPIN as majority of the land documents are outdated, disputed
or unaccounted.
KEYWORDS:Digitisation of land records, ULPIN,
forest land, land holding titles
INTRODUCTION
Digital India Land Record
Modernisation program was started in 2008 and it can be said that it is a
combination of two centrally sponsored schemes such as Computerisation of Land
Records and Strengthening of Revenue Administration and Updating of Land
Records. The main aim is to modernise the management of land records, enhance
the transparency of land record management system, try to minimise land
property disputes, provide conclusive titles to immovable property. This
program is based on certain principles such as
1. Single window for handling land
records
2. Mirror II principle
3. Curtain II principle
4. Title insurance
Mirror II principle indicates that
the cadastral record mirror the ground reality and curtain II principles states
that record of title reflects the status of ownership. Title insurance
guarantees the title for its accuracy and indemnifies the title holder against
any losses which can be occurred due to any defects.
The major components of DILRMP are
1. Computerisation of land records: it
include mutation, integration of textual and spatial data, digitalisation of
maps, updating survey and settlement records and computerisation of
registration, it also include development of core Geospatial Information System
and capacity building.
2. Survey and re survey
3. Computerisation of registration
During the budget of 2021-22, the
DILRMP was extended up to 2020-21 at a total cost of Rs.950 crores. Other
initiatives which were taken up by the Department were
1. National Generic Document
Registration System: it means one nation, one software for the registration of
documents and properties so that it can help in the empowerment of the
citizens. The main benefits are the reduction of land disputes and a regular
check on fraudulent transactions.
2. Unique Land Parcel Identification
Number: it means a 14-digit alpha numeric ID will be given for each land
parcel. This ID is given based on the Geo reference coordinate of vertices of
the parcel. The ULPIN will help to have a proper land statistics and land
accounting which will lead to development of land banks and towards Integrated
Land Information Management System. Pilot test was carried out in 11 states
such as Madhya Pradesh, Sikkim, Andhra Pradesh, Goa, Bihar, Jharkhand, Haryana
etc…
In year end review 2022
of Department of Land Resources stated that
The department of
land resources is implementing two schemes such as
·
Digital
India Land Record Modernisation Programme
·
Watershed
Development Component of the Pradhan Mantri Krishi Sinchayee Yojana
It has been revealed by the
Department of Land Resources that Computerization of Land Records has been
completed in more than 94 percent of the villages of the country. Record of
Rights has been completed in about 94 percent areas in 29 States and Union Territories.
The Computerization of Registration has been completed about more than 93
percent in 27 States and Union Territories. Integration of Sub Registrar
Offices with Land Records has been completed by more than 75 percent in States
and Union Territories. It has also been revealed that cadastral maps have been
digitized in more than 70 percent in 21 States and Union Territories. These
maps will help to view the ownership status of the land pieces in different
regions based on your requirements. These cadastral maps are also known as Bhu
Naksha.
Integrated Land Information
Management System has already been rolled out in about 321 districts. It
provides online single window which will provide access to all available and
relevant information about any plot in question to the land owners, officials,
interested persons etc. Unique Land Parcel Identification number is known as
Bhu Aadhar. This number will facilitate real estate transactions, helps to
resolve property taxation issues, improves mitigation and responses of disaster
management. By the end of 2022 it has been rolled out about in 24 States such
as Mizoram, Assam, Madhya Pradesh, Nagaland, Maharashtra, Rajasthan, Haryana,
Tripura etc. To have a uniform process for the registration of deeds and documents
One Nation One Registration Software was implemented that is National Generic
Document Registration System. It has been implemented in about 17 States and
Union Territories such as Andaman Nicobar Islands, Manipur, Punjab, Goa,
Himachal Pradesh.
The programme has also tried to link
e-courts with registration data base and land records so that the courts will
be able to have authentic first-hand information and data about land records
which can lead to speedy redressal of cases. The benefits of such linkage are
1. It makes first-hand information
available for the courts based on substantive and authentic evidences of Record
of Rights, Cadastral maps.
2. This information is useful for
deciding as well as disposal of cases
3. It reduces the quantum of land disputes
and can lead to ease of doing business thereby increases ease of living.
Therefore, it can be said that the
main objective of DILRMP is the development of modern, transparent and
comprehensive land record management system which has an aim to develop an
Integrated Land Information Management System. This can help in certain things
such as
·
Optimizes
use of land resources
·
Improve
real time information on land
·
Benefits
both the land owners as well as prospectors
·
Reduce
land disputes
·
Enables
sharing of information about land with Governmental as well as other agencies
·
Will
have a check on fraudulent transactions
·
Assist
in policy and planning
The year end review of 2022 has
stated that DILRMP has been approved by the Government for period of five years
such as 2021-22 to 2025-26.
Forest right act 2006
The Forest Right Act 2006, deals with
the right of the communities that dwell in the forests over land and other
resources which have been denied to them over the years. So it can be said that
the act provide the Forest Dwelling Scheduled Tribe and Other Traditional
Forest Dwellers who has been residing in the forest for generations the right
to ownership. For the first time community rights and right over common
property resources was recognized. The act recognized four types of rights such
as
1. Title rights
2. Use rights
3. Forest management rights
4. Relief and management rights
As a part of title rights, FDST and
OTFD has been given the right to ownership of land farmed by tribals or forest
dwellers subject to maximum of 4 hectares and ownership is granted only for
lands which is being actually being cultivated by the family. No new land will
be granted to them. Through this act the concept of revenue village has been
surfaced as the act deals with conversion of forest villages, old habitation,
un surveyed villages and other villages into revenue villages. About 66 percent
of the cases in India is related to land disputes which may cost about 58,000
crore rupees for litigation and trial of the cases. It is also found that
digitization land record can increase India’s GDP by about 1.3 percent.
OBJECT OF THE STUDY
The basic objective of the study
1. To study the effect of ULPIN on
forest dwelling citizens whose legal claim to forest land remains unsettled.
2. To analyse the applicability of ULPIN
as majority of the land documents are outdates, disputed or unaccounted.
RESEARCH METHODOLOGY
The present paper is research done
based on doctrinal method. Through analysis of various literature based on the
concept regarding digitization of land records and its effect on forest
dwelling citizens especially the effect of ULPIN which is a part of DILRMP
program of Government of India. The author could identity certain ambiguities
existing. The paper seeks to work on identifying the loopholes by studying more
literatures based on these topics.
ULPIN
As stated about it is a component of
DILRMP and it was introduced in 2008 by Indian Government. It is known as Bhu
Aadhar. This number is developed by the National Informatics Centre. By 2021
this has been launched in 10 States of India as part of pilot test and it was
expected to be launched in whole of India by 2022.
The objectives of ULPIN are
1. It makes sure that all land related
transactions are unique and all the land titles are updates
2. It renders all the citizens affordable
and easily accessible land related services
3. It helps to identify various
departments related to land and other matters like Revenue Department, survey
and settlement department etc
Therefore, it can be said that it
will check land fraud incidents. It is more useful when the land records or
ownership is disputed, ambiguous or even unclear. This scheme is considered to
be cost effective as it only cost three rupees for linking Aadhaar with the
title deeds by using ULPIN and in order to verify the Aadhaar data of the land
owner fives rupees per transaction is the only cost.
Even thought ULPIN has major
positives, as a coin as two sides this also have both positives and negatives.
Challenges as to ULPIN
1. There are still certain issues going
on based on Aadhar such as mismatch of IDs and biometric data. So, it can
prevent beneficiaries from linking ULPIN number with the Aadhaar card.
2. This can lead to increase in
dependence on the middle men by the rural people and this can lead to a lot
more expenditures to the rural people.
3. Most of the rural people are not
digitally educated. So, the digital illiteracy is one of the chief concerns of
the ULPIN scheme.
4. Not only digital illiteracy, there is
lack of hardware and accessibility to internet is also a major concern in rural
areas.
5. The scheme will comprehend the Forest
Right Act and can even undermine the FRA as it may result in increased
vulnerability of forest communities.
Challenges of Digital India Land
Record Modernisation Programme
One of the main challenges as to this
programme is that India has the system of registered sale deeds and not of land
titles. Other challenges are
1. According to Transfer of Property Act
of 1882, transfer or sale of right to an immovable property can be made only
through registered documents and these documents are usually registered under
Registration Act of 1908. So another issue is that even bona fide property
transactions may not guarantee ownership.
2. Another major issue is that land
ownership is maintained and established through multiple documents which are in
the custody of different departments. Since they are maintained by several
departments, it is very difficult to access them all together.
3. Even the cost of registration is so
high, so that people avoid registration of transactions.
4. The governmental departments don’t
record or update the data in a proper manner so it causes a lot of problems
therefore the person has to go several years back of the documentations in
order to find the ownership claims on the property.
5. According to Registration Act of
1908, registration is not mandatory for transactions such as the acquisition of
land by the government, heirship partitions and property leased for leased for
less than one year.
Therefore, the concerns related to
Digital India Land Record Modernisation Programme can be stated as
·
Has
not addressed the issue of land ownership
·
Data
of Cadastral map and Record of Rights (RoR) has not been updated in 21
villages, even though the data has been digitalized
·
There
is only low percentage of computerized land records
·
Only
about 48 percent of cadastral map has been digitalised
Due to the unclear land titles, they
impede the development such as it causes lack of transparency in real estate transaction
which leads to disputes, then great risk is involved in infrastructure which is
built on unclear lands and other problem is that the institutional credit as
well as the social benefits does not reach the one who is in need such as the
marginalised section of people especially the farmers.
There is always a question remaining
whether the programme of digitization land records is a proper solution. There
have been incidents in India which has been caused due to the problems or
ambiguities of the Digital India Land Record Modernisation Programme. One of
such incidents happened in a small town of Bihar, known as Chhapra. A protest
took place at this place as some of the governmental officials went to the
village in order to measure the land to build flyover. The land which they
measured was occupied by the citizen for a very long period. As response it was
informed by the government official that the land, they measured is unsurveyed
so it comes under public property. Since it was told to be a public property
the concerned citizens were not given any compensation for taking up their
property and for demolition of their home, work place etc. When it comes to a
solution of such problems which has become very common in our country, the
widely accepted solution is digitization of land records. But if digitization
happens in Chhapra what can be the ultimate result. Its true that digitization
can help not only in the improvement of land records but also the services
related to lands. They will also help to have conclusive titles on the land
which will open a way to get services from the land such as loans from formal
financial sectors. But even if the digitization took place in Chhapra, it will
not make any difference to the marking of the land as public property that is
the land will be still held as a public property. The only difference the
digitization was going to make was that it would have created more concrete
titles and thereby leading to fewer chances of protest by the people. From
score of NCAER Land Records and Service Index of 2020, the gap between the
textual land records in the hands of the government and the on-ground situation
can be understood. The overall average score of all the states in India is just
15.1 out of 40. It can be clearly understood that it is an alarming low score.
The Land Record and Service Index is
divided into two components. The second component indicates the quality of land
records and its related services. If the component is 40 percent of overall
index, then it means that the states are marked with highest score of 40. So,
when it comes to case of India as stated the score is 15.1, which is a very low
score and it is considered to be alarmingly low.
Therefore, the question is when it
comes to citizens whose claims are unsettled, what is the impact of ULPIN. It
is shown by studies that only about 14.46 percent of total forest area in our
country have been recognized. So, what about the unrecognized forest land and
what about the people living in forest who got ownership over the land through
Forest Right Act. In addition to this what happens to the resources of the
village which are on record governmental property but as per Forest Right Act
they have been claimed by the Gram Sabha. So, the customary lands which lacks formal
land holding title is always at a risk of being added to the land banks and
they are also at the risk of being used developmental activities or
Compensatory Afforestation Fund Management and Planning Authority.In the
Chhapra dispute, the Patna High Court held that the property cannot be
considered as public property as unsurveyed land’s nature is not defined so it
cannot be said to be concrete.
Another question is regarding the
linkage of Aadhaar to the ULPIN. Even today there are a lot of ambiguities
existing with Aadhaar biometrics. Not only that Supreme Court has also struck
down the orders which was passed to link Aadhaar with cell phone number as well
as the bank accounts. So, to what extend it is possible and whether they will
have a positive impact for the land owners.
The main issues is that before
digitization of land records, all the unsurveyed lands has to be surveyed so
that incidents like happened in Chhapra can be avoided. Not only surveying of
unsurveyed lands, there should be a congruency between the records with the
government and on ground records related to land and property. There are a lot
of cases pending which are related to land and property, so such litigations
must be looked into before implementing the programme of digitization of land
records.
Even such digitization has been
experimented in South America. According to the report by GRAIN, the
digitization process has paved a way towards massive privatisation and funding
of lands without taking into concern the socio-ecological function of the
community. This has led to massive scale land grabs which are often done at the
expense of peasants.
When it comes to the status of
digitization of land records in India, it can be seen that the Union Government
has financed and as provided assistance to states for the proper implementation
of the programme. The scheme was first introduced for the year of 2020-21 and
it was then extended to 2023-24 as there is a significant progress in
digitization. When it comes to all India level the lowest progress was achieved
in case of survey and re survey objective.
CONCLUSION
When it comes to summing up, it can
be said that digitization of land and property records will surely help to have
transparency of land record management system with help of single window and
proper updation of maps along with proper registration of property. As a whole,
it provides a platform form the buyers as well as the developers to check the
authenticity of the property.
But the question is whether
digitization of land records in India is an ultimate solution or answer when
there is already a number of legal issues existing. It is every evident from
the programme and its sub programmes its beneficial for people especially for
land owners, farmers etc but there are a lot of steps that has to be taken
before and even after the digitization of land records.
Digitization and the unique parcel
number given to the lands will certainly lead to a structured management of
land and property in India but as it happened with other technologies in our
country it is operated in the shadow of political interest. When it comes to
linking with Aadhaar and all, it has to be kept in mind that right to privacy
is a fundamental right guaranteed by Indian Constitution. ULPIN has the ability
to become a game changer but it will be very difficult to get implemented in
its 100 percent as India is a country with a lot of disputes as well as
unsurveyed lands.
Therefore, this programme and its
scheme has to implemented not in a hurry burry manner. Proper time and space
has to be given to settle all the issues already existing related to land
otherwise useless and just like other schemes. So, the ULPIN for the time being
should be restricted to only property whose legal status and rights are settled
and dispute free.
REFERENCES
·
Sai
Krishna Muthyanolla, “What is the status of land record digitization in India”,
Factly.
·
Sandip
Chowdhury, “ Without addressing legal issues, can digitising land record in India
be a game changer”, Wire.
·
Guidelines,
technical manuals and MIS 2018-19, DILRMP, Department of land resources,
Ministry of rural development, Government of India
·
“Digitization
of land record and impact on disputes”, Indian law watch
·
P.
Ravindra Pai, “Digitization of land records”, Realty Check
[1] LLM student affiliated with School
of Law, Forensic Justice and Policy Studies, NFSU Gandhinagar, Gujarat. The
author can be reached at malavikak444@gmail.com
Article Information
EXISTING LEGAL ISSUES AND DIGITISATION OF LAND RECORDS BY: MALAVIKA K
Authors: MALAVIKA K
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/05
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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