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Contents

Content Page Nos

Preface
Acknowledgement
National Land Reforms Policy
Executive Summary
Introduction
Land Ceiling and Distribution of Ceiling
Chapter - 1
Surplus, Government and Bhoodan Land
Tenancy, Sub-Tenancy and Homestead
Chapter - 2
Rights
Governance Issues and Policies Relating to
Chapter - 3
Land
Chapter – 4 Alienation of Tribal and Dalits Lands
Chapter – 5 Modernisation of Land Management
Common Property Resources & Issues
Chapter - 6 Related to Conversion of Agriculture Land to
Non – Agricultural Use
Chapter - 7 Land Management in North Eastern States
Annex - A The Gazette of India
Committee on State Agrarian Relations and
Annex - B Unfinished Task of Land Reforms –
Constitution of Sub-Groups
Annex - C Questionnaire
Annex - D NIRD Questionnaire
Status of Land Reforms in India – States
Annex - E
Covered
Workshop on Land Reforms in India:
Annex - F
Emerging Issues (4-5 October, 2008)
Workshop on land reforms: emerging issues,
Annex - G with specific focus on north eastern states,
30 Oct, 2008 (NIRD-NERC, Guwahati
Annex - H Land Reforms under the Five Year Plans
Annex - I Revenue Ministers Conference of 1992
Recommendations made by the Sub-Group
Annex - J formed after the Revenue Ministers
Conference of 1992
References

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Preface

The Committee on “State Agrarian Relations and the Unfinished Task in Land
Reforms” has been constituted at a time when land issues are coming to the
fore again. The process of liberalisation-globalisation has been in vogue for
approximately two decades now. This era has witnessed twin phenomena —
rapid growth for the country as a whole and a slow down in agriculture. The
former requires land which is not only inelastic in supply but the actual
availability has been shrinking on account of the competing demands from
various sectors. The force of urbanisation is deeper than what is captured
otherwise. Industries, Service and infrastructure sectors need land. On the
other hand, the rural population also needs land for livelihood, dignity and the
food security of a billion plus people.

These competing demands have put pressure on the land and the forces
involved. There is underlying tension in agrarian relations in rural areas. The
Committee on ‘State Agrarian Relations and the Unfinished Task in Land
Reforms’ has been assigned the onerous task of assessing the current status
and making recommendations for reconciling these conflicts. The Committee
was constituted with extensive terms of reference: to conduct in-depth review
of the land ceiling programme in the country including status of distribution of
land declared surplus, continued possession by the rural poor of the allotted
land and expeditious disposal of land declared surplus but held up due to
litigation and to suggest appropriate and effective strategies in this regard; to
ensure access of the poor to common property resources, suggest ways for
identification, management, development and distribution of Government and
Bhoodan land to the landless; to examine the issue of tenancy and sub-
tenancies and suggest measures for recording of all agricultural tenants and a
framework to enable cultivators of land to lease in and lease out with suitable
assurances for fair rent, security of tenure and right to resumption, to
examine the issues relating to alienation of tribal lands including traditional
rights of the forest-dependent tribals and to suggest realistic measures
including changes required in the relevant laws for restoration of such lands
to them, to examine the issue of setting up of fast track courts/mechanism for
speedy disposal of land related litigation cases, to look into the land use
aspects, particularly the agricultural land and recommend measures to
prevent/minimise conversion of agricultural land for non-agricultural
purposes, consistent with development needs of the country, to examine the
issues related to homestead rights and recommend measures for providing
land for housing to the families without homestead land, to suggest measures
for modernisation of land management with special reference to updating of
land records, proper recording of land rights and speedy resolution of
conflicts and disputes relating to land, to suggest institutional mechanisms for
effective implementation of land reform programmes, to examine measures to
provide women greater access to land and other productive assets, any other
issues of relevance, any other Term of Reference that may be decided by the

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Committee in its first meeting. This comprises a formidable task on its own
account.

The team for this task has been drawn from different fields with substantial
experience of administration, academics, social action and grassroots
planning to mention a few amongst others. The Committee organised itself
into seven sub-groups, each dealing with different aspect as per the Terms of
Reference. The methodology included field visits, focussed group discussions,
quick studies, rapid appraisal, interviews, responses of the State Governments
to structured queries, published and secondary materials. In addition two
Workshops were also organised one at NIRD, Hyderabad and another at
NIRD-NERC Guwahati. The Committee was somewhat constrained by lack of a
firm data base particularly in respect of the changes that have taken place in
land reforms and the agrarian issues in the last few decades. Many new
institutions have come into existence while the older ones have weakened.
The Committee has attempted to capture some of these developments.

The Department of Land Resources in the Ministry of Rural Development,

Government of India, have also taken major initiatives in the field of land
management, computerisation of land records, digitisation of maps, etc. What
emerges from the Report of the Committee is that interventions and initiatives
are required at a larger scale and within a definite time frame in the various
related fields as have been detailed in the recommendations made by the
Committee. Some of these recommendations have the prospects of being path
breaking and have long term implications. The Committee would hope that
they are implemented holistically and not treated as yet another Report to be
implemented in bits and pieces.

Chairman
Committee on State Agrarian Relations
and the Unfinished Task in Land Reforms

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Acknowledgement

Implementation of Land Reforms and evolution of equitable agrarian relations

are goals that we have inherited from the freedom Movement. It is a part of
our national psyche. There have been Committees on these issues in the past.
However, the Hon’ble Prime Minister desires that the unfinished task in land
reforms should be concluded in the interest of the poor and all others
concerned. I take this opportunity to thank the Hon’ble Prime Minister for the
faith that he has reposed in the Department of Land Resources, Ministry of
Rural Development to this purpose. We have tried our level best to live up to
it.

I would like to thank my predecessor in this Ministry, Dr. Raghuvansh Prasad

Singh; the then Secretary in this Ministry, Dr. Subas Pani; and the then
Additional Secretary in the Department of Land Resources, Shri Bhaskar
Chaterjee for their vision, initiative and contribution towards the work of this
Committee.

I thank the Secretary of the Department of Land Resources, Mrs. Rita Sinha,
for the excellent administrative arrangements and the support provided to the
Committee. I also thank Shri Chinmay Basu, Additional Secretary; Shri A.K.
Singh, Director; Shri Charanjit Singh, Deputy Adviser and Shri G.B.
Upadhyay, Under Secretary in the Ministry for their valuable help to the
Committee. This Report would not have been possible but for their support. I
thank all other officers and staff of the Department of Land Resources in the
Ministry of Rural Development for their assistance to this Report.

I thank the Members of the Committee who have given their valuable time for
making this Report possible. It is not often that we find so much of talent and
experience assembled together in the form of a Committee. I have not the
words to thank the Committee enough for the task that they have
accomplished, to full implications of which will be evident as the
implementation unfolds itself.

I thank the various Institutions and the persons who have supported the sub-
groups and the functioning of the Committee in different ways. I also thank
the State Governments and their Secretaries and officials of the Revenue/Land
Management department for providing the relevant information and their
support.

I thank the Director General of NIRD, Shri BK Sinha for coordinating and
drafting the final Report of the Committee and Professor BK Thapliyal and his
entire team for providing logistical and intellectual support in data collection,
undertaking State surveys, holding Workshops and drafting and finalisation of
the Report.

The worth of any Report lies in what it does at the grassroots. I would
consider it well written were it to provide a little more access to the landless
labour to land, make the tenants more secure, make the records more

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accurate, help the landowners invest more in lands, help the lands produce
more and provide land for growth without undermining in any way the
guiding principle of “land to the tillers”. I rest confident that it will.

Chairman
Committee on State Agrarian Relations
and the Unfinished Task in Land Reforms

6
NATIONAL LAND REFORMS POLICY

1. THE CONTEXT

1.1 Access to land continues to be of critical significance in large parts of

India, and the entire economic, social and political networks revolve around it.
Agriculture and primary sector activities based on land and other natural
resources are the prime source of livelihood for a vast majority of the
economically vulnerable rural population. Further, land provides not only
economic sustenance but also plays a key role in enhancing the prospects of
asserting citizenship in much of rural India. Thus, the issue of land rights and
access to natural resources is one which must be envisioned not in narrow
economic terms (e.g., a unit of production) but as a basis for larger well-being
of rural people.

1.2 The role of land in providing food, livelihood sustenance and surpluses
for capital investment remains to be of central importance. The National
Centre for Agriculture Economics and Policy Research [NCAP] forecasts that
in food grains a growth rate of 2.21 percent is required to meet the estimated
demand for the years 2003-12 and 1.85 percent for the 20011-21. As against
this the XIth Plan document targets an annual agricultural growth rate of 4
percent. This growth, however, cannot be achieved with a narrow
institutional base, and land reforms are a precondition for the realization of
these production goals. We are nowhere near exhausting the scope for fuller
utilisation of our potential in many parts of the country.

1.3 In what continues to be primarily an agriculture based economy, rural

poverty and well-being remain closely tied to questions of land ownership and
control. The country will never be able to find a structural solution to rural
poverty without reforms that ensures equitable access to land.

1.4 The imperative for land reforms derives firstly from the Constitutional
mandate for equality before law and the primary duty of the state to ensure
redistributive justice. Even after sixty years, it still remains important and an
unfinished agenda as reiterated in the Common Minimum Programme of the
UPA government, that ‘landless families will be endowed with land through
implementation of land ceiling and land redistribution legislation. No reversal
of ceiling will be permitted’.

1.5 In the wake of neo-liberal reforms, there have been fears of neglect of
the land reforms agenda and some of the policies having impact on the land
related issues added to these concerns.

1.6 Grossly inadequate achievements are clearly evident from the distorted
landholding pattern. According to the NSSO Report on landholding (2003),
95.65 per cent of the farmers are within the small and the marginal categories
owning approximately 62 per cent of the operated land areas while the
medium and the large farmers who constitute 3.5 per cent own 37.72 per cent

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of the total area. A large proportion of landless households without even
homestead are at the bottom of rural society without access to a minimum
acceptable standard of living. There is also an accompanying decline in the
profitability of agriculture. The abysmally low level of average monthly
household expenditure of farming community of Rs. 503, reveals the dismal
condition (NSSO 59th Round).

1.7 Along with the very limited success of the land reform policies
undertaken in India in different plans, the overall trajectory development
including the State owned mega projects relating to infrastructure and
industrialization, and recent changes in legal statuettes regarding ownership
and acquisition of land by private enterprises have further increased the share
of landless and marginal farmers. The anxiety of rapid industrialization has
acquired a new thrust in the period of economic reforms and has necessitated
acquiring land on an even larger scale. One of the most contentious
legislations in this regard is the SEZ Act.

1.8 Nowhere is the distress more evident than in the tribal areas,
particularly those falling within the Schedule V. The tribal people have been
the biggest victims of displacement due to development projects. Though
constituting only 9% of the country’s population, the tribal communities have
contributed more than 40% to the total land acquired so far. The Parliament
has legislated the most radical of its Acts in the form of Panchayats (Extension
to the Scheduled Areas) Act, 1996, applicable to 9 of the States. All these
States under Schedule V have stringent laws protecting the corpus of tribal
lands which, however, continue to be subjected to a steady erosion. There
have been disturbing trends noticed in the recent times. PESA area constitute
the main target of mining/industrial zone/protected forest reserve after denial
of rights/access of local community. In Assam alone, about 3, 91,772 acres of
land has been transferred for development projects without considering either
the ecological consequences or other adverse effects on life and livelihood of
the marginalized communities.

1.9 Massive transfers of agricultural and forest land for industrial, mining
and in the name of development or infrastructural projects have created rural
unrest and distress migration in those areas. Findings indicate that about
7,50,000 acres of land has been transferred for mining and another 250,000
acres for industrial purposes during last 2 decades [Center for Science and
Environment]. There have been regular reports of extensive displacement of
poor peasantry under SEZs. Widespread conversion of agriculture land for
non-agricultural purposes is being observed throughout the country. The
major drivers of such rampant conversion are decreasing incentives from
agriculture, increasing pressure of industrialization and urbanization, and
changing aspirations of the people. The conversion of prime agriculture land
is also a factor of decline of availability of food grains. This has become a huge
challenge as India needs to secure food grains for its more than 1.1 billion
people.

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1.10 Though the Government stands committed to protection of the tribal
corpus of land, and in all the Schedule V States there is a protective
legislative framework, tribal lands is subject to continued erosion through
the institution of moneylenders, collusive title suits, illegal permissive or
forcible possession, unredeemed usufructuary mortgages, fraudulent
transfers, abandonment and making of incorrect entries in the records-of-
rights. The problem is aggravated by misplaced emphasis on evidence, lack of
familiarity of the tribals with the court procedures, poor staying capacity on
the part of tribal communities, lengthy procedures, rent seeking behaviour,
rising demand for tribal land on account of the operation of the market forces
and creation of a high value illegal tribal land market. Under the traditional
systems it is the community which has always had the command over the
natural resources including the land resources. This lacuna was sought to be
corrected by the enactment of the Panchayat (Extensions to the Scheduled
Areas) Act, 1996, better known by its acronym PESA.

1.11 PESA, inter alia, restores the community’s command over the natural
resources and empowers the Gram Sabha to identify and restore the alienated
tribal lands and to protect the tribal way of life. PESA calls for four pronged
strategy for successful implementation: i) amendment of laws that are
contradictory to its provisions; ii) putting in place a set of procedural laws in
conformity with the true intent of PESA; iii) creating effective support
institutions; and iv) capacity building among the local communities and the
bureaucracy. In none of the States it has been implemented so far. The hope
is that a faithful implementation of PESA will go a long way in quietening the
turbulence in the tribal areas.

1.12 All these key concerns need to be acted upon urgently for reasons of
efficiency as well as equity. Ignoring just aspirations of the masses in rural
India for inclusive development will only entail huge economic and political
costs. To move towards the objective of inclusive development, which is the
motto of the Eleventh Five Year Plan, one of the urgent inputs that ought to be
carefully designed is land use policies. Land has multiple purposes to serve.
Along with primary activities like agriculture, mining, forestry etc. it is also
the basic requirement for industrialization. As mentioned earlier the process
of rapid industrialization has resulted in acquisition of land on a large scale
and displacement of people. Industrialization is important for development but
it need not be and cannot be supported at the expense of agriculture and the
basic rights of the people for land and livelihood. Thus, it is very important
that every State clearly demarcates land to be used for different purposes.
Revitalization of Land Reforms Council at the Centre and Land Policy Boards
for every State is an urgent need to more toward clear land use policy. In fact,
it would be really worthwhile to have a Standing Land Commission for every
State in the country.

2. Land Reforms in North East

2.1 Geographical, social, cultural, historical and institutional factors suggest

that the North Eastern Region (NER) represents a world in itself. The life in

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this region is rooted in its diverse land tenures which exhibit strong inter-
State and intra-regional variations. Each of the tribal communities inhabiting
this region has its own distinctive system of land management with prominent
place for community life. Regardless of variations, the base of the system is
founded on common platform – a vigorous community life, management of
land by a council of elders elected or nominated, apportionment of land as per
use and requirement, lack of concept of individual property rights and the
families serving as the unit for allotment and use of land. The systems
generally work on the basis of community ownership and management, are
generally democratically driven and prevent accumulation of land resources
while providing egalitarian sustenance to the society. Exceptionally there are
instances of Chieftainship, where the ownership of the land resources reside
in the person of the Chief and these situations need to be dealt in a manner
what is fair to the communities.

2.2 The land tenure system in the NER can be classified into community
forest land, State Forest, protected forests, unclassified forests or zoom lands,
land under habitation, family land and individual lands which are mostly close
to urban agglomerations. The community forests are protected and managed
by the community and sustain the community needs in terms of their basic
requirements. Different communities have evolved their own methodologies
for protection and management of the community forests. The villages in
Nagaland, except in the areas inhabited by the Sema Nagas, are like little
republics governed by their democratically elected Village Councils. The
community forests in such areas are under the management of the Village
Council which determines the need for housing and sustenance and allots the
land accordingly. It also lays down rules for the management of the
community forests. The rights of the Village Council are absolute and their
decisions are seldom questioned by the members of the community. Even in
Nagaland the mode of management of the community forests may vary from
village to village with each Village Council evolving its own pattern of
management. In village Toirupha inhabited by the Jamatia tribes in the district
of South Tripura, the community forests are protected and managed by the
women folk. Harvesting can only take place between November and January
and each family is not allowed to take more than 200 poles. There is an
enormous range of models of management in the North East, each having its
own core competence.

2.3 There are models where the State forests in some instances and the
Protected Forests invariably, are managed by the village community and their
proceeds are shared. Reports are available to indicate that the preservation of
such forests is acknowledgedly superior. Private property rights are a
relatively scarce phenomenon in such tribal areas and extend mainly to
housing, homesteads and movable properties. The concept of private property
is also emerging in areas closer to the urban agglomerations, and are of
recent origin. The family constitutes the basic unit of land use. Within the
family structure the authority of the Head of the family prevails. It is the
family which makes arrangement for contribution of labour for community and
other works. It is a tribute to the institutional robustness of the land

10
management system of the community that it has resisted the incursions by
alien institutions like private ownership and commodification or marketisation
of land resources.

2.4 It is not that the village institutions are static and immune to change.
Introduction of certain new factors and dimensions have made the situation
more complex. Social system evolves under certain conditions of living.
Changes caused by new forces do affect the social system and lead to changes
in the land ownership structure. The new forces include spread of education,
urbanisation, industrialisation, outmigration, occupational shift, growth of
competing institutions, imposition of State authority, introduction of market
forces, globalisation, insurgency, illegal immigration from Bangladesh and
other factors. A larger participation in the union labour market by the youth of
the North East is also in evidence. These create increasing pressure on the
community based village institutions and lead to demands for private property
and for commercialisation of the land relations.

2.5 Jhoom cultivation is still the mainstay of agriculture. The cycles, though,
are getting reduced, and still capital investment is non-existent or very low.
Sometimes these lands are being converted into individual land. Given this
context, introduction of modern management practices have become very
difficult. There are also the problems of encroachment of village land by the
outsiders. Rapid urban growth and influence of globalisation and
marketisation of land are responsible for the growing trend of conversion of
village community lands into individual ownership. As a result of this,
indigenous village institutions are gradually getting weakened.

2.6 The community land management systems have their respective inbuilt
mechanism of dispute resolution based upon democratic form of governance,
general will of the village community, transparency and dialogue. Despite the
growing complexities and external pressures there is no significant rise in
disputes in evidence. On the other hand the introduction of formal Courts has
led to an encroachment upon the turf of the traditional dispute resolving
institutions. There is evidence to be had that these are imposing litigation
burden upon the village society and the judgments often undermine the land
management system. This portends ill for the community institutions including
that of land management.

2.7 Admittedly, there are critical gaps in the body of knowledge and
understanding the complexities of the social institutions in the NER. The
different areas have their own system of governance including the District
Councils, the Hill District Councils, the Autonomous District Councils and
Autonomous Regional Councils which are endowed with rule making powers
and implementation of the same. These systems have, however, strengthened
the District level institutions at the expense of the Village Councils which may
be dissolved by the former. The people inhabiting the tribal areas are
characterised by fierce pride in their community and jealous possessiveness of
their traditional institutions. Interventions from the Central or the State
Governments without understanding the local institutions, social fabric and

11
the will of the people create disenchantment, anger and rebellion. This
accounts for the need to seal such critical gaps through sustained research
and interventions reflecting the felt needs and differentiated solutions
emerging from the village society itself.

2.8 In the plain areas of Assam, the Revenue Department is severely

constrained by the fact that the subject has been traditionally included in the
Non-Plan Head. There is dearth of resources for both modernisation and
adequate skilled manpower. The record systems have fallen into arrears and
do not reflect the ground realities. This dichotomy has contributed to large
scale incursion of illegal immigrants, encroachment upon the community as
well as the State lands and the acquisition of title by such illegal migrants.
This problem is now being felt even in the interior tribal areas, and has
fermented is social unrest.

3. Common Property Resources

3.1 In the context of villages in India, CPRs perform several functions in

terms of their contribution to people’s livelihood by adding to household
income, by enabling livestock sustenance etc. CPRs are important sources
from which domestic energy needs of the landless households are met.
Similarly, dependence on CPRs by both landowners and landless possessing
livestock is considerable, too. Livestock dependant households derive large
amount of animal fodder and water requirements from CPRs. Furthermore,
CPRs are important from ecological perspective, too. Thus, CPRs are critical
to support rural livelihoods (livestock and land-based) and ecology.

3.2 That there is not much clarity on what constitutes CPRs out of the
various categories used by the government for their land use statistics (i.e., 9-
fold classification). The lack of clarity towards clear definition of CPR is the
root cause of the improper public interventions. This has also meant that the
size of CPR land has been declining over the years. There has been a steady
decrease in all kinds of common lands – pastures, village forests, ponds, or
even burial grounds. This is due to diversion of CPRs for urbanisation,
industrial needs, mining practices, pressure of developmental projects like
dam, roads, school, homestead needs – distribution to landless families,
cremation grounds, playground, etc. Moreover, the area under CPR is
threatened due to encroachments by resource-rich farmers. Over-exploitation
of CPR definitely points to poor-upkeep of these resources. This also points to
the fact that traditional institutions have either weakened or disappeared and
have failed to enforce norms. Also, Revenue Dept control has never been
interested in productivity, being too remote to manage and with lack of funds
to develop it as their major role has been more of a record keeper rather than
that of developer. The complex nature of land administration has only worked
to the disadvantage of the rural poor. To further aggravate the situation is the
inconsistencies in land records. Thus, there is visible lack of a long-term
perspective towards land. In the present context of aggressive market forces,
the absence of a clear land policy addressing the multiple uses of land is
bound to jeopardize the interests of landless and the land poor.

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4. BROAD FRAMEWORK

4.1 Though land is a State subject, a National Land Reforms Policy is

considered instrumental in providing a policy framework for action by the
Centre, States and PRIs in the present context and for bringing in
accountability at each level. The Constitutional arrangements have devolved
a responsibility upon the Union Government to oversee the fostering of
economic and social justice in the States. Land Reforms remain a means of
distributive justice to the marginalised and, therefore, a part of the Preamble
to the Constitution.

4.2 There is clear evidence that the smaller farms utilise land more
efficiently, and labour absorption and employment generation (Indian
population being so huge employment creation at the rural levels is a must) on
small farms is much more compared to their medium and large counterparts.
Small holdings ensure food security and improve rural highly employment.
The skewed land relations and distorted production relations are responsible
for an inefficient utilisation of land and labour resources, low level of
infrastructure, mounting social tensions and the growing violence. Land
Reforms measures, in the past, have proved inadequate — they were designed
and instituted in small measures by a weak implementation machinery beset
with internal contradictions and without mobilising the rural poor.
Introduction of wage employment programmes like NREGA have led to an
enhancement in the bargaining strength of the rural labour. Farms
contributing more internally generated labour stand at an advantage vis-à-vis
farms hiring in more labour. This is likely to lead either to disintegration of
the large and the medium farms into smaller units or to mechanisation-
capitalisation on large farms. Both these processes are already in evidence. A
set of comprehensive measures, eliciting strong institutional support and
integrating the people into the process for accelerated outcomes is likely to
provide the impetus needed for revitalising the reformist measures.

4.3 The land based conflicts in the rural areas add to the other forms of
conflicts and generally place an efficiency burden upon the rural economy
and society. The hunger for land amongst the landless poor remains
undiminished and has given rise to several movements. Irrespective of their
ideological considerations the strength of different movements revolving
around land could be internalised for State sponsored lands reforms. The
role of civil society organisations is recognised in promotion of more
equititious land relations particularly in such areas where land movements
are relatively weak. There is an imperative to recognise the State sponsored
land based and legal access programmes and community based initiatives
like the land based collectives.

4.4. Effective implementation of land reforms requires proper management

of land records and the correctness and accuracy of the record-of-rights. The
land management continues largely in the pre-independence mode, and it is
the common experience that the record-of-rights do not reflect the ground

13
situation. The purpose of the revisional survey and settlement operations was
to update the record-of-rights and revise the rent rolls to extract the
maximum for the State. Even where the survey operations have been
conducted, instead of being completed in the stipulated four years, they have
dragged on for more than 40 years in some cases thereby rendering the new
records already obsolete. The need for mapping of land parcels and for
accurate and updated land records to support the rights of the weak, and for
a host of other reasons that facilitate effective land reforms, systematic
management of land records is very essential.

4.5 In improving land records, the new technology and expansion of

technological base, if designed properly has good potential. It ranges from
facilitating survey operations to digitisation of maps, creation of records,
affording easy accessibility and bringing the land management into public
domain right till the grassroots. This is, however, to be taken with a pinch of
caution as no technology acts by itself and has to be backed by pro-poor
ground truthing.

4.6 There is an urgent need to revisit the debate on tenancy. The States are
classified into two major groups- those which recognise tenancy and regulate
its conditions including rent, period of lease, etc. and those which prohibit
tenancy outright. There is evidence aplenty that despite prohibitions tenancy
exists significantly. The 60th Round of National Sample Survey for the year
2004 establishes that the leased-in area forms nearly 7 percents of the
operated area while 11.5 percent of the rural household leased-in land.
However, there are other micro studies that point out that the NSS data does
not fully capture the incidence of tenancy which varies between 15 to 35
percent. About 90 percent of the leased area is informal and unrecorded. The
landless and the marginal farmers constitute the bulk (91%) of those leasing-
in land. Under conditions of capitalisation and commercialisation of
agriculture, tenancy has taken newer forms. Studies indicate large variations
of tenancy, including the conventional share cropping, reverse tenancy,
contract farming, reverse sub-tenancy, short term lease, seasonal lease, long
term lease, lease in perpetuity, group leasing, pool leasing, etc. While some
of these are favourable to the tenant, some others vary from downright
unfavourable to less than favourable. There are yet some other forms which
remain to be assessed. This will also equip the small lessors with the legal
rights structure. Hence, there is a need to re-open the scope of tenancy
registration in a regular manner, because only that will guarantee due rights
of tenant.

4.7 Yet another basic requirement for addressing land question adequately is
the preparation of land use plans from the village land up to state and
national level. Such land use plan should capture the overarching concerns:
ecological, food production, livelihood and allocating land for industry and
development purposes. The land use plan can be developed and executed
involving people, States and Central governments, and dedicated non-
governmental organizations. Absence of such plans contributed to rampant

14
and indiscriminate conversion of agriculture land for non-agricultural
purposes having detrimental effects.

4.8 Thus, we see that there are several perspectives that could be drawn to
land issues – equity, ecological, growth-efficiency, communitarian and gender
perspectives-which often place conflicting claims on the land resources both
in terms of understanding and strategies. It is indeed a difficult task to
reconcile these perspectives into a cogent and acceptable policy propositions.
Nonetheless, this policy document retains a firm focus on the rural poor.

POLICY IMPERATIVES

5. LAND CEILING

5.1 The land ceiling programme continues to retain its relevance; there is
an urgent need to revisit and revive the same. The States may have the option
to revise the ceiling even on regional considerations without exceeding the
upper limit.

5.2 There should be discontinuation of the existing pattern of exemptions to

religious, educational, charitable and industrial organisations, plantations,
fisheries and other special categories. The religious institutions should not be
allowed more than one unit of 15 acres while Research Organisations,
Agricultural Universities Educational & Other Institutions and others may be
allowed more than one unit on customised case-to-case bases.

5.3 Where more than one unit is allowed in addition to general exemption it
shall be incumbent upon such beneficiary organisations to purchase from the
open market and distribute an equivalent area amongst the landless poor.

5.4 Not more than one appeal and one revision should be allowed to be
decided by Composite Tribunals including representatives of the landless
poor and reputed community based organisations. Boards/ Fast Track Courts
and Land Tribunals under Article 323-B, should be setup in all States.

5.5 There needs to be an urgent physical survey of all ceiling land including
those not distributed and those in unauthorised possession and must be
restored in the same transaction.

5.6 Not more than one acre of wet land and two acres of dry land should be
allotted as ceiling surplus land.

6. BHOODAN LANDS

6.1 The status of the Bhoodan lands remains indeterminate. There should
be an authoritative survey of all Bhoodan lands in a campaign mode involving
the civil society and organisations of the rural poor and the Gram Sabha
within a specified time frame.

15
6.2 Recognising the fact that multiple transfers might have taken place in
the intervening period it is necessary that appropriate changes be brought to
annul the effect of these transfers.

6.3 Restoration of possession and distribution of the Bhoodan lands to the

rural poor including their village collectives should be completed along with
the survey in the same or continued transactions.

7. TENANCY REFORMS

7.1 Tenancy should be legalised in order to provide the rural poor with
access to land, discourage the land being left fallow and for enhanced
occupational mobility of the rural poor. Subsequently, depending upon the
experience leasing could be legalised for all areas up to the ceiling limits.

7.2 In order to facilitate land leasing, standard contracts in simple language

protecting the rights of both the parties should be devised. Steps should be
taken to create institutions for decentralised enforcement of tenancy
contracts.

7.3 Women farmers’ co-operatives and other women land based groups
should be encouraged on a preferential basis to lease in land as experiences
show that such organisations of women farmers have emerged as the most
viable farming units.

7.4 All States should impose ceiling on operational holdings and not just
ownership holdings. Under no circumstances should the landowners having
land above the ceiling limit be allowed to lease in land for agricultural
purposes. By any household, total operation area, including owned and leased-
in land, should not exceed the ceiling land.

7.5 The fixation of fair rent for the land leased may be reconsidered in areas
with high institutional strength and the market determined rent should be
allowed to prevail.

7.6 All tenants and sub-tenants including share-croppers/under-raiyats may

be recognised by law regulating incidents and conditions of tenancy. There
should be adequate safeguards including adequate institutional support and
rural development schemes to overcome poverty and indebtedness. The
financial institutions will be required to come up with suitable schemes of
credit support directed either through the collateral institutions or Self-Help
Groups to the tenants.

8. HOMESTEAD RIGHTS

8.1 Although there has been wider recognition of the housing needs of the
poor, there is still no adequate realisation of the provision of homesteads
along with housing for the poor, especially in rural areas. Homestead land

16
and a house need to be recognised within the minimum rights structure of
every homeless/landless. A priority list of landless/homeless should be
prepared with the approval of the Gram Sabha. A minimum of 10-15 cents of
land should be provided for each landless-homeless household in a time bound
manner and land entitlement should be preferably in the name of women with
heritable but inalienable rights.

8.2 The SC/ST and OBC beneficiaries, as decided at the State level, may be
given land in contiguous blocks with infrastructural facilities like road,
electricity, school, drinking water, health centre and technological and
extension support for supplementing the livelihood, etc.

8.3 A National Policy on Homelessness should be prepared and put in place

in consultation with the States.

9. FOREST LANDS

9.1 For effective implementation of the Forest Rights Act, 2006 by the
States it becomes necessary to create awareness and mobilise the Gram
Sabha to recognise and protect the rights of the forest dwellers and the tribal
communities in a definite time frame.

9.2 Forests have traditionally served as commons both ecologically and

economically for the tribals dependent upon them. Biodiversity of the
ecologically fragile regions like the north-east and western-ghats also need to
be safeguarded to ensure their role as ecological buffers for the burgeoning
human population. In most of the hilly regions – south Rajasthan, Western
Ghats, Central India, Himalayas and Eastern India large tracts of forests
lands are part of many local watersheds. Proper development and
management of these common lands is critical to the success of a watershed
as they act as reservoirs of water and are also often located along the
watershed ridges.

9.3 Common property rights of the community over forest lands including
the village forests need to be recognised, recorded in the record-of-rights and
protected.

9.4 The role of Tribal Advisory Council (TAC) should be strengthened.

Under article 238/2, the Governor can make regulations for the Scheduled
Areas by prohibiting and restricting transfer of land by or among the
members of Scheduled Tribes and regulate money lending. There is provision
for TAC in Schedule V areas and the Governor is bound to consult them.

9.5 Minor cases filed against tribal communities under encroachment/

violations of Wildlife Act/ other forest offences etc. should be withdrawn.

9.6 Tribal communities who were earlier displaced because of national

parks and wild life sanctuaries must be rehabilitated under the purview of
FRA.

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9.7 All primitive tribal groups must be exempted under FRA without their
date of occupancy on a particular piece of land. Any land that has been
claimed under FRA must not be identified/ utilized for Jatropha plantation.

9.8 All claims of non-tribal communities on the same piece of land must be
taken to a fast-track court for timely settlement. All claims for common
property resources should be brought under time bound action and
resettlement should be provided on the basis of ‘Record of Rights.’ Forests
should be recognised as Common Property Resources (especially protected
forests and unclassified forests and rights and concessions must incorporate
the needs of the community for non-timber forest produce)

9.9 All land regularized under FRA must not be alienated/ acquired and in
case of any emergency acquisition, the same category of land must be
provided.

9.10 The tribal communities who lived in Salwa Judum camps must be
resettled in their occupied land irrespective of the cutoff date under FRA
(2006).

9.11 No Special Economic Zone and/or Special Tourism Zone will be allowed
on forest land and V-Scheduled Areas.

10. TRIBAL LAND ALIENATION

10.1 Consent of all the stakeholders should be considered before land is

acquired. This is imperative for smooth implementation and also for getting
the right kind of benefits to the people. Thus, Gram Panchayat should be
consulted at the time of acquiring land.

10.2 In many instances unutilized land acquired for a public purpose is

difficult to reclaim. There should be a speedy process to reclaim and take
possession of the unutilized land. Moreover, used land, especially in case of
coal and other mines should be reclaimed and acquired instead of acquiring
agriculture land for public purpose.

10.3 These assessments should be thoroughly carried out involving the

stakeholders before projects are executed. And based on these assessments
future course of action should be decided. Social impact assessment is highly
advisable to deal with compensation, rehabilitation and resettlement issues.

10.4 Land acquisition for industry or public purpose should be confined to

the maximum extent to barren and uncultivable lands.

10.5 At this juncture of the growing economy better design of infrastructures

should be promoted. There should be emphasis on approving and promoting
multi-storey buildings that occupy less land space, especially for urban
development.

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10.6 Developers who acquire land under Land Acquisition Act or SEZ should
be prevented from acquiring more land than required.

11. LAND ACQUISITION

11.1 The Central Land Acquisition Act of 1894 and other central and state
acts dealing with land acquisition should be amended in line with true intent
of the provisions of PESA. A clearer definition and guidelines for ‘public
purpose’ should be formulated to help remove some of the arbitrariness
present in the existing system of land acquisition. Besides, the lack of
transparency in the process of land acquisition needs to be addressed. The
definition of public purpose should take into account ecological considerations
as well.

11.2 The common property resources (CPRs) including grazing land, village
forest and water resources should not be acquired without providing
alternative sources of equal or higher value to the community.

11.3 The Land Acquisition Act should be amended to incorporate

Rehabilitation &Resettlement Act for all projects. Rehabilitation should be
undertaken in such a manner that the displaced tribal persons have a clearly
improved standard of living after resettlement. Their ecology, culture and
ethos will have to be given due consideration in the resettlement plan.

11.4 Survey and settlement operations should be taken up in those areas

where it has not been done so far to remove any confusion or uncertainty.
Following the recommendation made by the Expert Group on Tribal Land
Alienation, survey of the hill slopes up to 30 degrees should be mandatory in
the states with Schedule areas and such lands should be settled in favour of
tribals who do shifting cultivation and subsistence agriculture. This will not
only confer land rights on the tribals occupying such lands, but also help
improve the forest cover. The areas under shifting cultivation should be
brought under tribal community management. The Government land
encroached by poor tribal families should be settled in their favour. (This has
already been covered under the Forest Rights Act, 2005)

11.5 Tribals who have been living within a reserve forest, sanctuaries, wild
life sanctuaries, national parks, biosphere reserves for generation and
cultivating agricultural land should be given permanent patta rights and
should not be displaced. (May be better packages can be designed for
rehabilitation)

11.6 The legal provisions prohibiting the alienation of tribal land in Schedule
V areas and its restoration should be extended to the non-scheduled areas
also. A cut off date should be prescribed while extending these provisions to
the non-scheduled areas.

11.7 A senior competent authority should exercise judgment in sale of tribal

lands and protect the interests of tribals. The State should promote the

19
concept of a Land Bank wherein tribal land is purchased by the State and
allotted to other deserving tribal families in the same area. (Ceiling Surpluses
should be distributed on a priority basis. CPRs should not be distributed).

11.8 At present PESA is applicable only to the scheduled areas but a large
part of the tribal population lives outside scheduled areas. Therefore, the
provisions of PESA should be applicable mutatis mutandis to village/areas
where there is a sizable tribal population or where majority of the population
consists of scheduled tribes.

12. LANDS RIGHTS TO THE NOMADIC TRIBES

12.1 It is clearly recognised that the roving life style of the nomadic tribes is
no longer sustainable. They should be settled in areas of their choice and
given sustenance on Government land in a time bound manner. This might be
framed with a ‘Minimum Land Holding Act’ for them.

12.2 All cases of encroachment and other minor offences against the rural
poor should be withdrawn.

13. COMMON PROPERTY RESOURCES

13.1 A long-term perspective on CPRs should be evolved through developing

land use plans of each village, State and the country. Common Property
Resources should include cultivable wastes and fallows other than current,
common pastures and grazing land, protected and unclassified forests, barren,
uncultivable and other government wastelands that are being used for the
common purposes. It should be left upon the States to decide the lands to be
included under CPRs.

13.2 For proper management of CPR the role of user groups, the central and
state governments. and community-based organisations, especially those
working on it are critical. The roles of each of the institutions should be laid
out properly outlining ownership, access and rights and benefits aspects.

13.3 There should be a provision for having at least some percentage of a

total land in a village under CPLR. The rationality for capping should be
decided by State governments.

13.4 Based on the criticality of CPRs, a complete ban on diversion should be

approved unless their conversion is in the larger interest of all the users and
ecology. The ban should be imposed in the capped CPLR area.

13.5 To identify and estimate the magnitude of CPRs in the country the
National Sample Survey Organization should enumerate this in every round.

13.6 There should be disincentives against encroachments done by resource-

rich farmers. At present the penalty paid by encroachers is paltry which
hardly discourages them from encroaching.

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13.7 It is high time to safeguard existing de jure CPRs. Funds should be
made available and investment should be carried out for their development.
To add, diversion of existing de jure CPRs should be banned.

13.8 To resolve disputes over CPRs should be resolved on priority and the
central government should initiate fast track and time bound processes for
resolving disputes over CPRs.

13.9 Building greater public awareness is the need of the hour. More
importantly, people’s perspective on CPRs should be thoroughly understood
and taken into consideration while designing public interventions.

13.10 The development model for CPR should be similar to the JFM model.
The entire rights over the management and use of CPR should be assigned to
its users.

13.11 The existing defunct state land use boards should be advised and
provided guidance to make those effective. They should be provided
necessary resources and directions to develop land use plans of each village
and thus state.

13.12 The common property land should not be redistributed as there are a lot
of other categories (like barren and uncultivable lands) under which land is
locked. Therefore a clear distinction needs to be made between CPRs and
wastelands which might be as well be utilized for non-livelihood purposes like
mining, quarrying and industry. The surplus land after being capped for the
common purpose could be allotted to landless families or other marginalized
groups.

14. WASTELAND AND GOVERNEMENT LANDS

14.1 The term Wasteland, which has a colonial inheritance needs to be re-
defined and categorised in terms of the sustenance it provides to population in
cultivable and non-cultivable manner. (and also for other purposes like
livestock grazing and biomass collection which a lot of cultivable wastelands
are being used for).

14.2 It should be unequivocally recognised that it is the landless poor who

have the first charge on the cultivable Wasteland and other Government lands
whose changed land use permit leasing out of the community and that it
cannot be ceded outside the community. (Ownership of the poor and the
marginalised over lands should be recognised as a community and collective
right)

14.3 There should be a survey of all Government lands, including Wasteland,

along with their use either as a part of the general survey or separately. The
enumeration of Wastelands should be done as an exercise for measuring de
facto common property resources as well.

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14.4 The Wasteland should be under the management of the Gram Sabha as
is the practice in several States including the assignment of land to the
landless poor. No Wasteland is to be assigned on a permanent basis. (Should
they be distributed is also questionable as it might not lead to any long term
changes in landholding profile in the village).

14.5 All encroachments over the Wastelands by landed interests need to be

removed while those under control of the rural poor and/or used for
community purposes including sustenance for the rural poor should be
formalised. And for this the Gram Sabha may be empowered. (formalisation
of encroachments might lead to further encouragement of such practices).

14.6 Collective leasing for the women co-operatives should be permitted in

respect of the cultivable Wastelands and other Government lands whose use
have undergone a change to permit leasing out.

14.7 The Government lands should not be treated as a part of the

Government assets to be treated to supplement the State budget or to provide
for industrialisation. The rights in respect to the Government land rests in the
village community and any change can take place only with informed consent
with the Gram Sabha.

14.8 Strict legal action should be taken in respect of the persons found in ille-
gal possession over the assigned land and locally constituted Composite Tri-
bunals should be empowered with penal powers in a summary manner.

14.9 Any land in possession of the government or acquired by the govern-

ment for is own purposes, will not be transferred in any form like sale, lease
etc. to any private individual or enterprise.

15. WOMEN’S LAND RIGHTS

15.1 All new homestead land distributed to landless families should be only in
women’s name. Where more than one adult woman (widows, elderly women,
etc.) is a part of the household, the names of all female adults should be
registered.

15.2 When regularising the homesteads of families occupying irregular and

insecure homesteads, the homesteads so regularised should be in the names
of both spouses and single women.

15.3 Government should make provision for equal availability of agriculture

inputs to women farmers.

15.4 Government should promulgate laws that protect women’s rights to

adequate housing and land, for instance, introduce government orders
mandating joint registration and joint title for marital property in the names of
men and women, and registration of women’s property in the names of single
women.

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15.5 There should be representation for women, especially for SC/ST women,
in agencies set up to monitor land reforms.

16. GOVERNANCE AND LAND REFORMS

16.1 Schedule-I of the EIA notification, 2006 issued by the MoEF under item
7-C covers industrial estate/parks/complexes/areas/Export Promotion Zones/
Special Tourism Zones/ Biotech Parks/ Leather Complexes. The above
categories continue to be exempted from the requirement of a public
consultation even in the new notification. That needs to be brought under
urgent amendment in concerned laws and policies.

16.2 Scrap Special Economic Zone Act (2005) under purviews of

environmental and ecological concerns. Single window clearance feature
makes the Approval Committee at the State level under the District Collector
responsible for approval of all SEZ units and even compliance to conditions of
approval if any are to be mentioned by the Assistant Collector. There is no
mention of the role of the Pollution Control Board. There is no mention of
Coastal Regulation related provisions in the SEZ Act and rules. However, the
amendment to the CRZ Notification 1991, have allowed for SEZs to be located
in ecologically sensitive coastal areas and ‘no development zones’ that need to
be brought under strict regulatory authority adequately represented by
project affected community and local representatives.

16.3 Environmental Impact Assessment provisions as of now are typically

very lax and do not serve the desired purpose of accountability. Therefore,
assessment independent of the influence of the concerned enterprises should
be conducted on a regular basis.

16.4 It is strongly recommended that GSI, which is the concerned

department is immediately sanctioned an assignment of carrying out an EIA of
all the projects approved so far by the Ministry of Environment & Forests so
that an objective assessment of the prospective environmental hazards are
understood.

16.5 All medium to large-scale transfer of land from agricultural to non-

agricultural use should be subject to an environmental protection clause, and
its strict implementation.

16.6 There should be a regulatory authority at district level for monitoring

the land, forest and water issues emerged after set up of mining, industry
and/or any development projects.

16.7 There should be fast track courts for settling of the grievances
registered during EIA public hearing.

17. LAND MANAGEMENT

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17.1 Land revenue administration should be placed under the plan head and
should be subject to guidance and flow of resources of the Planning
Commission.

17.2 There is need for building a network of institutions for appraisal of the
programme. The network should be headed by some lead training-cum-
research institution so that there are alternate streams for information flow.

17.3 All revenue work should necessarily be carried out in the language of
the State.

17.4 The Collector should be divested of his direct court and revenue
functions as he is too busy with other works and should just exercise
supervisory functions.

17.5 The State governments should undertake survey and settlement

operations as a drive. This should be done at the time throughout the
country. Survey and settlement operations should be completed within 3
years of time by reducing survey operations to two stages and using latest
technologies.

17.6 The cost of entire survey should be borne by the Government of India on
100 percent basis. In such cases the Government of India reserves for itself
the right to inspection and supervision. Gram Sabhas should be involved in
the survey operations and should be main agency for ground truth.

17.7 Computerisation of land records should be completed in a specified

timeframe. Land data should include comprehensive information about the
parcel of land such as Khata and Khesra numbers, registration details,
possession, land type, land use, productivity, tenancy, etc.

17.8 Creation of records should be followed by digitisation of maps and easy

accessibility to records.

18. LAND REFORMS FOR NORTH EAST

18.1 The Land Management Systems in the North East are both diverse and
complex. There is a multiplicity of tribes, communities and practices with both
inter-State and intra-State variations. Under the prevailing circumstances, it
would be inadvisable to generalise and formulate policy for the region as a
whole.

18.2 Practices with regards to land use are rooted to the community and its
traditions. Any tinkering with this system would destabilise the context.
Situations prevailing are custom, convention and tradition specific. All
stakeholders have to be necessarily consulted and a consensus evolved before
taking any decision.

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18.3 The Village Level Council or its counterparts in other areas are the
appropriate institutions and should be clearly recognised as a basic unit of
Land Management at the village level.

18.4 The VLCs or their counterpart institutions need to be re-strengthened

on similar lines as the Nagaland Communitisation of Public Institutions and
services Act 2002 which has contributed substantially to the improvement in
delivery and operation of the services communitised and have added to the
prestige, strength and authority of the Village Councils and other Village
Institutions. Adoption of the same underlined principles in respect of land and
forest management system in rest of the hill areas and such other areas that
may choose to adopt this system is likely to have positive effects. These
adoptions only supplement and not supplant the local institutions

18.5 In view of the prevailing differences between the traditional tenures in

the NER and the mainstream India the concept of ‘eminent domain’ is not
applicable in the former and this should be incorporated in all policy
prescriptions including that involving the acquisition of land rights.

18.6 The Village Community should have the same command over all
land resources, water resources, forest resources and mining rights that
constitute the natural resources within the village territory as has been
bestowed under Panchayats (Extension to the Scheduled Areas) Act 1996 in
the Schedule V Areas.

18.7 The VLC should have the powers to place reasonable restriction
on the transfer of ownership lands and leasing to persons residing outside or
their alienation to other communities. In such cases where alienation of land
has taken place in express violation of any existing provisions of law,
customary rights, edict of the Village Council are not in consonance with the
land use policy, the Village Council may order restoration of such land in such
manner as it may deem fit and may direct his eviction by appropriate
authority.

18.8 The village community will be responsible for deciding the land
use pattern for the village with the approval of the village authority. The VLC
or its counterpart institution will also define the area under the Jhoom
cultivation and the conditions pertinent thereto including the allocation of
Jhoom lands to different clans/family, frequency of the Jhooming cycle and
measures of regeneration, utilisation of timber standing thereon, preparation
of bunds and water harvesting structure on such Jhoom lands etc.

18.9 The village community shall be responsible for protection and

management of all forests in the village including reserve forests, proposed
reserve forests, regenerated forests between the two Jhoom cycles, sacred
groups, unclassified forests, degraded forest lands, etc including laying down
rules, for harvesting and sharing of usual practice.

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18.10 The VLC or its counterparts shall be the first body for dispute
resolution including counseling, mediation, arbitration and adjudication and
the Courts should be debarred from interfering in the process.

18.11 The plain areas of Assam should be surveyed using the

technologically upgraded methods and computer support system within a
period of 3 years with the funds to be provided by the Government of India.

18.12 The Revenue Department should be placed under the Plan Head
and there should be adequate funds should be made available in project form
considering the sensitivity of this area.

18.13 While recognising the need of survey in the Hill/Tribal areas. The
survey operations should be conducted with the consent of the village
community and only to the extent that the community desires.

******

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EXECUTIVE SUMMARY

1.1 The Background

1.1.1 The Government of India constituted in January, 2008, a National

Council for Land Reforms comprising eminent people drawn from different
walks of life and with the Prime Minister as the Chairman. Simultaneously, a
Committee on State Agrarian Relations and the Unfinished Task in Land
Reforms was also constituted. The Committee was divided into seven sub-
groups and each focused on an important dimension of land reforms.

1.1.2 Each of the sub-groups made visits to several States. The National
Institute of Rural Development (NIRD) conducted a quick survey in 15 States,
and one separately for all the States of the North East. This report is based on
the Reports of the Committees, the State Reports, observations made during
the field visits of the Committee, published material and the reports of
Committees appointed earlier in some of the State. The report is organised in
seven chapters each reflecting of the respective Sup-Groups. The executive
summary presented here follows the same order in which the main report is
produced.

2. Land Ceiling, Distribution of Ceiling Surplus, Government and

Bhoodan Land

2.1 Land Ceiling

2.1.1 Land ceiling as a redistributive programme is of as much relevance

today as it was fifty years ago. There are various estimates on the potential of
availability of ceiling surplus land. The NSS Report on Household Ownership
Holding (2003) finds that 80.40 per cent of the farming community comprising
the small and marginal categories own 43.50 per cent of the land area, the
medium and large farmers who constitute 3.5 per cent own 37.72 per cent of
the total land. The States so far have declared 2.7 million hectares surplus out
of which 2.3 million (87 per cent) hectares were taken possession of and 1.9
million hectares were distributed to 5.5 million households (37 per cent to the
SCs and 16 per cent STs). There has been no further progress in the
implementation of land ceiling legislations. The estimates of LBSNAA put the
potential of ceiling surplus land at approximately 21 million hectares.

2.1.2 Of the remaining land, that was officially declared as ceiling surplus,
much was pending in Revenue and High Courts. The Committee found that
often the failure to acquire ceiling surplus land or benami holdings of land
was due to underlocked interest structure developed amongst large land
owners, the elite including the village elite and members of the bureaucracy.
It also found a number of ceiling land beneficiaries not in possession and that
significant portion of the area declared surplus is either not fit for cultivation
or not available for distribution due to miscellaneous reasons.

27
2.1.3 A very significant finding of the Committee relates to inefficiency and
lack of interest on part of the officialdom. It is observed that the inferior
quality land were surrendered or taken over and even where the beneficiaries
were in possession, they were given land on bunds and in such areas that they
became more of a liability. There are instances of large variations in ceiling
limits amongst the States, not taking into account the subsequent upgradation
in the quality of land in newly irrigated areas, retention of large chunk by
religious trusts and educational institutions. A point that emerges very clearly
is that there is an urgent need to revisit the issue of lowerinbg the ceiling limit
as considerable areas were not properly covered in the implementation. There
is also the need to treat land ceiling on a continuing basis taking into
consideration the irrigation, watershed and other improvements. It is
observed that often bureaucratic behaviour excludes the Panchayat
functionaries with the land reforms process. Normatively, the Committee
suggests a new set of limits of 5-10 acres in the case of irrigated land and 10-
15 acres for non-irrigated land, to be decided by the concerned State
Governments.

2.1.4 The major recommendations relating to ceilings legislation and

distribution of land are the following:

(i) There is an urgent need to re-visit the land ceiling limits in different
categories to be implemented with retrospective effect. The State
should be free to revise its ceiling limits provided that they do not
exceed the ceiling already fixed even on regional and sub-regional basis.
(ii) Absentee landlords or non-resident landowners should have lower level
of ceiling.
(iii) Introduction of Card Indexing System for preventing fictitious transfers
in benami names. This card should be related to allottee’s Voted I/D
Card or PAN.
(iv) Discontinuation of exemptions to religious, educational, charitable and
industrial organisations. The religious institutions should be allowed one
unit of 15 acres.
(v) Research organisations and Agricultural Universities should be allowed
more than one unit on customized case to case basis.
(vi) Withdrawal of the general exemptions to plantations, fisheries and other
special categories.
(vii) Imposition of criminal sanction on failure to furnish declaration on
ceiling surplus land.
(viii) Filing of Review petitions against cases decided by fraud or
misrepresentation.
(ix) Disposal of cases by Divisional Officers-cum-Tribunals and ensuring
immediate surrender of excess land after judgment.
(x) Bar jurisdiction of the Civil Courts.
(xi) The Benami Transactions (Prohibition of the Right to Recover Property
Act) of 1989 should be amended so that evasion of ceiling laws through
fraudulent land transactions can be monitored.
(xii) Revision in definition of landless poor person to include one who owns
no land.

28
(xiii) Not more than two acre of wet land and five acre of dry land should be
allotted.
(xiv) Computer based tracking and monitoring of ceiling surplus land.
(xv) A group should be set up composed of Gram Sabha members and
revenue functionaries to identify benami and farzi transactions.
(xvi) Redistribution of the land acquired but not being used for the purpose.
(xvii) Adoption of single window approach for redistribution of ceiling surplus.

2.2 Government Land

2.2.1 The Committee has relied upon the calculation of wasteland at 63.85
million hectares (20.17 per cent of the geographical area). The definition of
the land includes — land with or without scrub, waterlogged and marshy land,
land affected by salinity/alkalinity-coastal/inland, shifting cultivation area,
degraded pastures/grazing land, degraded land under plantation crop,
sands/inland coastal, mining/industrial wastelands. The programme for
distribution of Government wastelands were followed vigorously in the post-
Independence era particularly Andhra Pradesh which distributed 1.7 MH.
Presently, the Committee has found a trend to auction these lands to highest
bidders instead of distributing them to poor or using them for public
purpose. . Tamil Nadu has leased 2 MH to private companies on a 30 years
lease with a ceiling limit of 1000 ha. It has not even specified as to what kind
of land will be leased out. In Andhra Pradesh, the Committee has noted, that
‘Lanka lands’ emerging out of alluvial action of rivers are mostly leased out
for one year to Cooperative Societies which are often fake in character.

2.2.2 The Committee has also made note of the massive encroachments on the
Government lands in Sundarban area of West Bengal, ever green forests of
the Western Ghats in Karnataka and Aravali and Satpura regions of Madhya
Pradesh. Besides, the Government has regularized encroachments in respect
of 1.26 lakh ha. in Andaman, Arunachal Pradesh, Karnataka, Kerala and
Madhya Pradesh. The Committee finds that in Bihar the Government lands
under the Khas Mahal Estate are grossly mismanaged and highly encroached
with no proper record system. Even the Bihar Public Land Encroachment Act,
1956 was not sufficient to set this right. This has led to considerable loss to
the Government as most of these lands were located in the urban areas.

2.2.3 A significant finding of the Committee is that the lands assigned to the
poor were mostly uncultivable and where cultivable lands have been assigned
they were not under their possession. These assigned lands were mostly
alienated. This situation prevails right across the country except in the case of
States like West Bengal, Kerala and Tripura. Another pertinent finding is in
respect of the rights being vested under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
However, the State Governments are yet to take effective measures
particularly in creating awareness about the programme. In States like
Chattishgarh, where vast lands come under this category, the Committee
found State Government needs to take initiative in order to to implement the
Act. The Committee finds Jatropha plantations right across the country on

29
waste land and common land and even in respect of such lands which have
been claimed under the Forest Rights Act. In Rajasthan, Jatropha plantations
have begun to hurt the pastoral communities by impinging upon the grazing
lands, requiring that the policy structure needs a revisit.

Recommendations

(i) The list of beneficiaries in fresh assignment should be selected by the

Gram Sabha with mutations to be carried out before the grant of the
patta.
(ii) The definition of landless for the Government lands should be the same
as that in the ceiling law i.e. person owning no land and maximum 1
acre wet and 2 acre of dry land should be assigned.
(iii) The term Wastelands needs a fresh look and redefined. Along with it, all
the kinds of land which are categorized under it should also be
identified and quantified in terms of the sustenance they provide to
populations in non-cultivable manner. This task should be undertaken
under the Wastelands Division of the Ministry of Rural Development.
(iv) Committee suggests that the Panchayat should be made in-charge of the
well defined wasteland in the purview of a Panchayat.
(v) It is also interesting to note that the Committee suggests grading of
population tied to the wasteland in terms of their literacy, exposure non-
tribal and other professions.

2.3 Bhoodan Lands

2.3.1 Acharya Vinoba Bhave acted as a one man land army for a voluntary
transfer of land based on the Gandhian principle of trusteeship and need. The
Bhoodan Movement resulted in large areas of land donated for distribution
among poor, especially in Andhra Pradesh and Bihar. However, the three
types of problems faced with these lands. First, large tracts of land donated
are not useful for cultivation and therefore not distributed. Second, much of
land distributed to the poor is not in their possession. Third, there is still
substantial land available but not distributed. The problem in Andhra Pradesh
is similar to that of Bihar- there is no evidence to indicate that the assignees
of the Bhoodan lands are in possession, or whether title has passed on to them
or whether they derive sustenance from the land.

2.3.2 Resumption and settlement of land notwithstanding multiple transfers

that might have taken place was a contentious issue even within the
Committee. However, the consideration that weighed was that usurpation of
land donated for Bhoodan cannot be condoned irrespective of the number of
transfers that it might have undergone.

Recommendations

(i) The Governments of such States having undistributed Bhoodan lands

should get a survey conducted within one year ascertaining the status of
the land which have been declared unfit for settlement including the 6

30
categories mentioned. The present physical status, history of the con-
veyance of titles, the incidence of irrigation, the present possession, the
title of the donor etc must be recorded in detail.
(ii) The State Governments should apply all their resources including Amins
and Surveyors from other Departments, Gazetted Officers and others to
complete the survey work within one year.
(iii) This Survey should also include the land distributed for ascertaining
their factum of possession and the extent of sustenance.
(iv) The Panchayats and the Civil Society Organisations should also be asso-
ciated with the Survey.
(v) A social audit should also be conducted in respect of Bhoodan lands
along with this Survey.
(vi) The matter of handing over/restoration of possession should also be con-
ducted in the same drive after summary proceedings.
(vii) It may be possible that the land in question might have undergone sev-
eral transactions during the intervening period whereby several right
holders have been created into the land. Any attempt to implement the
original decision may lead to a title suit in the Civil Court. In order to
overcome this situation the following provision should replace the exist-
ing Section 15(3) of the Bihar Bhoodan Yagna Act :
“ 15(3): If at any time subsequent to the confirmation of the
Danapatra in course of any enquiry or otherwise it transpires that
the land is not being used for the purpose for which it was
donated the occupant thereof may be ejected by means of
summary proceedings and the competent authority may proceed
to settle that land with suitable persons of eligible categories
notwithstanding the subsequent transactions in the land or the
interest acquired by the land subsequent to the donation.
15(3)(1) : No summary ejection made under the provisions of
Sections 15(3) above shall be called into question before any
Court of law or shall be subject to any judicial proceeding.”

2.4 Forest Land

2.4.1 The Committee argues strongly for effective implementation of the

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of For-
est Rights) Act, 2006 through a composite series of measures. Further all ‘en-
croachment cases’ and ‘minor forest offences’ should be withdrawn in purview
of regularization of claims for the same piece of land.

2.4.2 There should be a comprehensive survey within a certain time frame

and should recognize customary rights over the forests and land resources.

2.4.3 The Primitive Tribe Groups should also be recognized in the land they
occupy.

2.5 Land Rights for the Nomads

31
2.5.1 The nomadic tribes do not possess any landed assets. The Committee
would like them to be settled on Government land and to ensure their land
rights through ‘Minimum Land Holding Act’. All minor offences of these
communities in their pursuit of land and livelihood should be withdrawn and
land allotted.

2.6 Women Land Rights

2.6.1 The Committee takes note of the gender inequities in land relations and
finds that States like Karnataka, Tamil Nadu and Andhra Pradesh have
amended the Hindu Succession Act 1956 to facilitate succession by women.
The Hindu Succession (Amendment Act, 2005) gives equal right to daughters
to succession and the Act should be implemented in all States.

2.6.2 The findings from the field include gross discrimination against women
in rehabilitation and gender biases in R&R Bill should be rectified.

Recommendations

(i) The Committee argues for mandatory joint entitlement & ownership
rights through central incentives.
(ii) It also argues for deleting clause 45 (3) of the Land Acquisition Act and
all females above the age of 18 should be recipient of the notice and un-
married daughters/sisters, physically challenged women, female or-
phans, widows and women divorcees should be treated as separate fami-
lies in the R&R policy.
(iii) The Committee also strongly argues for vesting of homestead lands to
the females.
(iv) The Committee recommended for women’s community rights & owner-
ship over common property land in villages.
(v) There is also a need to create a firm data base in respect of the land
ownership of the women and the women headed households.

3.1 Tenancy, Sub-Tenancy and Homestead Right

3.1.1 The terms of the Committee included:

i. To examine the issues of tenancy, sub-tenancy and suggest measures

for recording of all agricultural tenants and a framework to enable
cultivators of land to lease in and lease out with suitable assurances
for fair rent, security of tenure and right to resumption.
ii. To examine the issues related to homestead rights and recommend
measures for providing land for housing to the families without
homestead land.

3.2 Issues Relating to Tenancy and Sub-Tenancy

32
3.2.1 The Committee has relied upon a study by Haq (2001) and Deininger
[Link] (2005) that restrictions on the lease market drive the tenancy under-
ground while some land owners keep their land fallow. Releasing the lease
market would be productivity enhancing, equity promoting and encouraging
others to seek non-farm employment. This will equip them better to withstand
consumption shops. The rental market is more flexible than sale markets and
involves lower transaction costs. This will also increase the bargaining
strength of the conventional tenants and will afford to them the protection of
law. The Committee also finds developing lease market a win-win situation in
Punjab and capitalized agricultural markets confined by the interactions in the
field.

3.2.2 The Committee has also gone into the issue of recording of tenancy and
notes that wherever such situation does not prevail, the records should be a
simple lease document for 3-5 years duly verified by the head of the Gram
Sabha.

Recommendations

(i) The Committee argues for leasing for agriculture in all areas
within ceiling limits andencouragement to the women to lease in. The
Committee also wants to remove the clause of adverse possession in
tenancy laws which act as an incentive to the landholder.
(ii) All States should impose ceiling on Operational Holding and not just
ownership holding which will prevent concentration of land through
lease in. Under no circumstances should a person be allowed to lease in
more than the ceiling area.
(iii) The Committee has recommended suo-moto resumption of land on the
expiry of the lease period and the fixation of fair rent by the State. The
rent should operate as per the lease market.
(iv) The Committee would also like all tenants and sub-tenants including
share croppers to be recognized by law and assisted by institution fi-
nance. Further, ownership rights should be conferred on the Bargadar
in West Bengal who have been registered.

3.3 Homestead Rights

3.3.1 The Committee starts by recognizing that houseless ness is an incident

of landlessness. The NSS data shows 10 per cent landlessness in the country
and 5.5 per cent are houseless implying thereby 7.9 million persons without
dwelling units. The Committee also refers to the 4 million households
obtaining house sites across India. The area of the house sites varies. The
landless in Orissa only gets 4 cents but even that leads to tangible benefits to
the landless households. If the house sites were 10 cents it would permit
supplementary household livelihood activities with poverty reducing. The
Committee appreciates the recent initiatives in Karnataka, West Bengal and
Andhra Pradesh. Karnataka proposes to give 12 cents under ‘My Land’ ‘My
Garden Scheme’ acting on the basis of the list prepared by the Gram
Panchayats. In West Bengal, it is implemented through the Department of

33
Land Reforms. This scheme plants to spend Rs.20,000 crores in giving 0.16 to
0.5 acre per plot. In Andhra Pradesh under Indira Kranthi Patham (IKP)
implemented through the SHG Movement of Women the government provides
1 acre of land at Rs.58,000 per acre with the Government contributing 60 per
cent and the beneficiary 10 per cent the rest being met by the Institutional
finance. A recent appraisal finds net cash income of Rs.15000 per beneficiary.

Recommendations

(i) The Committee recommends a centrally sponsored scheme to allocate

10 to 15 cents of land to the houseless rural poor through market pur-
chase on 75:25 cash basis.
(ii) The allotment of land-cum-garden should be on the name of women.
(iii) Social homogeneity should be kept in account and the infrastructural fa-
cilities like roads, electricity, schools, safe drinking water, health centre,
etc should be provided by the Government.

4.1 Governance Issues and Policies Relating to Land

4.1.1 The Committee notes with concern extensive land acquisition for various
purposes and to the Supreme Court Orders in the case of Narmada Bachao
Abhiyan. In Andhra Pradesh large areas of land are acquired for irrigation
projects, housing projects, infrastructure, etc. The Committee also takes note
of the Land Acquisition (Amendment) Bill, 2007.

4.1.2 The Committee has also taken note of the Resettlement and
Rehabilitation Bill of 2007 which prescribes conditions for the project affected
families to qualify for the benefits. The Bill presented before the Parliament
and referred to a Select Committee. While appreciating the effort the
Committee feels that there are some critical areas in the Bill that will be
addressed during the course of re-examination.

4.1.3 The Committee has also examined a Special Economic Zone Act 2005
and finds that there is no cost-benefit analysis for such projects and further
there is no upper limit for acquisition of land. The tribals and farmers’
concerns remained totally unattended.

Recommendations

(i) The Committee recommends for revisiting SEZ Act comprehensively and
putting a ban on exemptions on diversion of land in scheduled areas and
also transfers of common property and agricultural land for SEZ/STZ
purposes.
(ii) Land should be restored to the owners if it is not used for the purpose
acquired.
(iii) Fertile land should not be acquired and public purpose to be redefined
to include public utilities.

34
(iv) There should be compensation for all the persons living within the zone
of displacement and should cover the entire community at the market
rate.
(v) There should be time bound rehabilitations and resettlement of commu-
nities earlier affected by development projects, mining projects, indus-
trial projects and protected areas (National Parks and Wild Life Sanctu-
aries).

4.2 Environmental Impact Assessment (EIA)

4.2.1 The new EIA notification (2006) puts in place a State Environment Im-
pact Assessment Authority (SEIAA), the Committee finds that this notification
excludes all buildings and construction projects having less than 20,000
[Link]. of built up area like shopping malls and commercial complexes. Such
project will have a separate clearance procedure by Expert Appraisal Commit-
tee (ESE) in respect of the second category (these two projects) even 450 MW
power projects have been kept out of the ambits of EIA.

4.2.2 The Committee notes that the monitoring of compliance of the EIA
clearance is self-regulatory with reports being submitted by every six months
and that some of the EIAs are getting funded by the project proponents them-
selves which is likely to undermine the process of public consultation. This
gives rise to a reasonable apprehension that the process of EIA instead of pro-
tecting environment may constribute to further [Link] the
loopholes will get addressed.

4.3 Diversion of Forest Lands

4.3.1 What alarms the Committee most is that approximately 4.3 million for-
est lands has been diverted to non-forestry use (1952-1976). Till 1976 forests
was in the State list and the State Governments were responsible for the man-
agement of forests. In 1976 the Government of India issued guidelines provid-
ing for mandatory consultation in respect of diversion of more than 10
hectares of land. It is indeed alarming to note that during this period up to
2008, 7.76 MH of land have been diverted out of the forest corpus. Total 55
per cent of this diversion has taken place after 2001. In Chattishgarh the di-
version is for many purposes, but mining being one of the important ones. In
Chattishgarh, 1.71 Lakh hectares were diverted (1980-2003) of which 67.22
per cent was for mining.

4.3.2 The Committee has noted the tremendous pressure being put on the for-
est land and that even a plethora of policies and institutional mechanism like
Resettlement and Rehabilitation Policy, Compensatory Afforestation will not
cure the environmental loss. Thus, it appears that the nation is heading for
ecological crises of serious dimensions which need to be addressed expedi-
tiously.

Recommendations

35
(i) The Committee recommends that EIA should be carried out by indepen-
dent agencies.
(ii) The GIS should carry out EIA of all projects approved by the Ministry of
Environment and Forests.
(iii) The Committee calls for an immediate halt to the indiscriminate, large
scale transfer of agriculture land to non-agriculture usages. All medium
and large transfer should be subject to environmental protection clause.
The Committee also calls for a total ban on conversion of forest land for
industrial purposes.
(iv) There should be a Regulatory Authority at the District level to monitor
land, forest and water issues and fast track courts for settling all griev-
ances.

5.1 Tribal Land Alienation & PESA

5.1.1 Alienation of Tribal Lands including Land belonging to the Scheduled

Tribes and Scheduled Castes And the Traditional Rights of the Forest Depen-
dent Tribals.

5.1.2 This Committee was required to focus on the nine States in the Fifth
Scheduled Areas. The Committee clearly finds that the land relations govern
the production relations and at times also the vice versa. The external rela-
tions of the community particularly with the Government are dependent on
the kind of land laws that they have and the quality of its implementation. The
Committee begins by taking cognizance of the declining operational
holding size and also ownership size which leads it to conclude that
the corpus of tribal land is in serious danger of erosion.

5.1.3 The Committee also notes the erosion of the corpus of tribal lands due
to the ‘Acquisition and Marketisation process, to which the State has also
been a party. By a strange quirk of destiny the mineral wealth is mostly lo -
cated in the habitat of the tribals. Since doing away with the Freight Rational-
ization Policies of the Government of India there is a locational advantage to
be hired by setting up pithead industries particularly in the field of power
plants involving bulk transportation of coal. The Committee finds the macro-
economic policies of the Government contributed to erosion of corpus of tribal
lands. Hopefully, such issues will get addressed within the paradigm of the
Amendment to the Land Acquisition Act Bill 2008 , the Rehabilaitation and Re-
settlement Bill, and National Tribal Policy that are under consideration of the
Government.

5.1.4 The Committee has noted that though the existing framework of law
looks formidable on paper but it does not always operate to the advantage of
the tribals. Though, sale of tribal lands is prohibited in all these States, trans -
fers continue to take place, more perceptibly so in the post liberalization era
for reasons that have been discussed by other earlier Committees. The BN
Yugandhar Committee (2002-3) has referred to the process of enclavement
whereby the tribal retreats into the interior areas on the incursion of the non –

36
tribals leaving his home and hearth behind as a major factor of alienation.
The constitutional authority vested with the Governors in the Fifth Schedule is
not effectively used.

5.1.5 The Committee notes with dismay that the process of restoration of
alienated land is worse than alienation. The NIRD studies conclude on the ba-
sis of examination of records that the tribals would have been better of by pur-
chasing the land by open market rather than obtaining to the State led
process of market that institutions like Courts, bureaucrats and mostly public
men, are often formidably interlocked against the tribals. Even in Jharkhand,
a State which has been carved out to protect the interests of the tribals, the
process of alienation has hastened rather than slackening leading to further
impoverishment of the tribals. In Jharkhand, the per capita income of tribals is
less than half of the per capita income of the State and more than 45 per cent
of the tribals live in poverty, 27 per cent under extreme poverty (IHD 2008).
The Committee notes with concern that even judgments of the Supreme Court
like the Samata Judgment are yet to be implemented by the State denying its
applicability to the State.

5.1.6 The Colonial Nature of the Land Management system which persists
needs to be drastically changed.

Recommendations

(i) The letter and spirit of the ‘Samata Judgment’ be enforced in all acquisi-
tion of tribal land for private companies.
(ii) Consultation of the Gram Sabha should be held as ‘Prior Informed Con-
sent’ as provided in the Scheduled Tribes and Other Forest Dwellers
(Recognition of forest Rights) Act 2006 and strictly enforced.
(iii) The Gram Sabha should also be involved in the Joint Survey and its as-
sent to the correctness of the Joint Survey should be made mandatory.
(iv) Land for Land is made a fundamental requirement for acquisition of
tribal lands. The land rendered fit for cultivation be handed over to the
proposed prior to acquisition notification together with costs of cultiva-
tion for 3 years. The compensation must include opportunity cost, loss of
access to forest, minor forest produce and other well-being costs which
the community will bear in the place of relocation.

5.2 Empowerment of the Gram Sabha

5.2.1 The Committee takes note of the fact that the Panchayat (Extension to
the Scheduled Areas) Act 1996 better known by acronym PESA is one of the
most revolutionary legislation to have been passed by the Parliament. It re-
verses the wrong of centuries by providing the community through the Gram
Sabha a command over all the natural resources including land, water,
forests, minor forest produce, minor minerals and is entrusted with the re-
sponsibility of protecting the tribal way of life. Unlike the non-Part IX areas it
is the Gram Sabha and not the Panchayat which has been made the fountain

37
source of power. Inter alia the Gram Sabha has the powers to identify the
cases of alienation of tribal land and to order their restoration.

5.2.2 The Committee notes with dismay that the provisions of PESA have not
been implemented in any of the 9 States. It is true that all the 9 States have
made amendments in their Panchayati Raj Acts. On the flip side none of these
States have made Rules for the implementation of PESA. The Committee
strongly infers that a faithful implementation of PESA will reduce the extreme
distress conditions prevailing in the tribal areas. The Committee also recog-
nizes that the grossly adverse land relations that the landless and the poor
have with the rural landowning classes and the inability of the State to inter-
vene effectively on their side, has given rise to a ‘crises of trust’ vis-à-vis the
State have a positive correlation not only to poverty but also to the rise of left
radical movements.

Recommendations

(i) The Gram Sabha should be recognized as the ‘Competent Authority’ for
all matters pertaining to transfer of tribal land whether by sale or by
lease restoration of alienated tribal lands, maintaining the land records.
The Land Revenue Codes and other relevant laws should be suitably
amended.
(ii) A Committee of educated youth elected by the Gram Sabha is trained in
necessary functions of measurement, marking of boundaries by GPS
technology, verification of entries and maintenance of records.
(iii) Entries to the ‘Record of Rights’ will be made by the Patwari or the Vil-
lage Officer only on a specific resolution of the Gram Sabha. Records
will be retained at the Office of the Gram Panchayat and made available
on specified days.

5.3 Operationalisation of PESA

5.3.1 In view of the decisions the Committee has strongly argued for Opera-
tionalisation of PESA. It seriously questions the attitude of the State Govern-
ment that a mere amendment to the Panchayati Raj Act of the State is tanta-
mount to its operationalisation. It is not. There are four dimensions to the im-
plementation of PESA, the first being amendment in the structure of the re-
lated loss to confirm with the provisions of the PESA. The Ministry of Panchay-
ati Raj, Government of India, had commissioned a Study by the Institute of
Law, New Delhi which finds in some States there are as many as 29 Acts to be
brought in conformity with PESA.

5.3.2 The second step involves the formulation of the procedural laws govern-
ing the conduct of business and establishing the command over natural re-
sources. The third relates to providing manpower support and resources to
the Gram Sabha. The Committee is of the opinion that since the Gram Sabha
in PESA areas deals with an enormous range of subjects there should be a
Gazetted Officer to act as the Secretary with adequate supporting staff se-

38
lected amongst others for his commitment to the cause of the Gram Sabha.
The fourth step involves providing training support to the Gram Sabha build-
ing up a mass movement of the CBOs, legal literacy groups and others.

Recommendations

(i) A participatory survey and settlement process under the purview of the
Gram Sabha to recognize and record tribal rights to land and land based
resources.
(ii) Amendment of all laws at variance with the provisions of PESA under-
taken in a fixed time frame with the necessary Rules, Regulations and
procedures to make them implementable.
(iii) The State has to provide adequate infrastructural, manpower and other
support for the Gram Sabha in order that it functions.
(iv) Building up of a mass movement for training and mobilization for faith-
ful implementation of PESA.

5.4 Rights of the Scheduled Castes

5.4.1 The Committee finds that the corpus of land of SCs is very weak and
much below their population based entitlement and whatever they have is in
the process of getting eroded. The Committee is constrained to note that most
of the SCs are still without any access to land rights and it needs to be recti-
fied.

Recommendations

(i) The Institution of Land Bank as conceptualized in Chapter V in respect

of the SCs may be thought of. The Land Bank will operate the market
route to acquisition of land as it has been in the case of the IPK in
Andhra Pradesh, the lands being inalienable.
(ii) Since the SCs comprise the bulk of the landless labour population the
IAY, the homestead sites and other programmes should operate on ex-
clusive basis as a special component plan.

6.1 Modernization of Land Management

6.1.1 The Committee starts by taking cognizance of the failure of the

reformist land agenda as detailed by other Committees to arrive at the
conclusion that all distortions in land relations are the product of our
antiquated Land Management System. The Land Records comprise the base of
the Management System. A weak base would not permit any firm
superstructure. The records-of-rights in India reflect — (i) ownership rights,
(ii) homestead rights, (iii) right of vested land assignees (patta right), (iv)
dakhalkar right, (v) share croppers’ right, (vi) lease right, (vii) hold over right,
(viii) right regarding forcible possession, (ix) permissive possession right. The
first 6 rights are regulated by various State enactments, whereas the seventh
is a phenomenon of the Transfer of Property Act and last two rights are

39
regulated by the Indian Limitation Act. More importantly land records and
cadastral maps show easement right for roads/paths, irrigation, bathing and
other domestic work, sports and games, worshipping in the temples/mosques,
burning ghat/grave yard, tending cattle, etc. In the Permanently Settled Areas
the records were updated with every new settlement. However, after
Independence the records have fallen into arrears and do not reflect the
ground realities with the consequence that they are no longer custodians of
peoples’ right but rather an instrument of their exploitation. The Committee
feels that there must grow a national consensus for maintenance of Land
Records followed by application of resources.

6.2 Diversity in Record System

6.2.1 The Committee takes a note of diversities in the Land Record System. P
S Appu Committee on Revitalization of Land Revenue Administration had
suggested a standardized record format, which has not been adopted at the
national level. The Committee also notes the increasing pressure on Land
Management as the competing demands multiply.

Recommendations

(i) The States have to realize that the objectives of Land Management Sys-
tems have changed fundamentally and it has to be prepared for basic
changes in the manner in which our lands and records are being man-
aged.
(ii) The States also have to take into consideration the changes that have
taken place in between and be prepared to revise the system to suit the
requirements of the present day demands.
(iii) This Committee has not made State-wise policy prescriptions nor was it
in a position to do so. Hence, building upon the recommendations of this
Committee the individual States have to customize their instruments.

6.3 Response of the Central Government

6.3.1 The Committee takes note of the fact that though land is a State subject
the major initiatives have come from the Government of India, the recent one
being National Resource Management Programme. The Committee finds that
the commitment of funds at the State level to this subject is negligible and
therefore recommends:-

Recommendations

(i ) Land revenue administration should be placed under the plan head and
should be subject to planning under the guidance of the Planning
Commission.

40
(ii) The Central Government should come out with a National Land Policy
and the respective State Government should declare their own land
policies.
(iii) The State Governments have to commit resources also as a matter of the
State’s commitment to the cause.

6.4 Current Status of Land Management

6.4.1 The Committee has gone into some basic questions like that what are
the role of Institutions in Land Management, where do the people figure in
and to what extent it is technology driven. The Committee also takes a note of
the fact that the Survey and Settlement Operations in the Permanently Settled
Areas have not been taken up and where they have been taken up, for
instance in Bihar, they tend to never conclude. The Survey and Settlement
operations use outdated methodologies, multiple stages or manpower
oriented, expensive technologies; there is a lack of trained manpower; they
have little understanding of the local traditions and customary rights of the
tribals and their transactions are attended by rent seeking behavior. The
Committee has strongly argued that the land is in the villages and the owners
reside there. The Land Records System has, therefore, to be necessarily
people-centric, field oriented and managed with the involvement of the people
and their institutions.

Recommendations

(i) There is an urgent need to evolve Survey Operations which can be done
within a period of 2 years for a district.
(ii) The survey operations need to be compressed into 3 stages.
(iii) In a village the Survey Operations should be conculeded in one continu-
mum.
(iv) The Survey should utilize the latest technologies for accurate results.
(v) The Settlement of Rent should be left to the village community to decide
at the Panchayat level.
(vi) The Khatian should be approved by the village community through the
Gram Sabha before its final publication.
(vii) The Survey Operations should be subject to Social Audit for reducing
rent seeking behavior.

6.5 Technological Innovations

6.5.1 The Committee has taken note of the recent technological innovations
that have taken place notably the geographic information system and the level
of sophistication achieved in the form of Satellite Imagery etc. However, the
Committee is firmly of the opinion that every technology, no matter how so-
phisticated it is has to be backed up by a firm people’s base. The Committee
therefore has argued for an Integrated Land Management System:

(i) The States should review their position of survey and their Land
Records.

41
(ii) The survey of entire country should be conducted within a period of 5
years.
(iii) Once the survey is over the State has to put a regular mechanism for up-
dation.
(iv) The village community has to be involved in creation of the data base
and conducting the survey.

6.6 Computerisation of Land Records

6.6.1 Computerisation of Land Records represents the future base of the Land
Management System. The Committee has assessed the progress of
computerization and has words of praise for States like Karnataka, Madhya
Pradesh, Gujarat, Tamil Nadu and Goa, etc. However, the Committee would
like to specially commend the Bhoomi Programme of Karnataka which has
achieved the high degree of integration of the computerized Land Records
System with the various application and process. It is also important that what
the data base is. The Committee is firmly of the opinion that it is not cost
effective enough to have the entries of Khatiyan alone. The ownership and
rights data should also integrate with it other forms of data.

Recommendations

(i) The Land Data should include not only the Khata and the Khesra num-
bers but also other details including history of the land, the registration
etc.
(ii) The community rights should be clearly specified including rights to
common lands waste and barren lands, religious lands, forest lands and
submergence area, etc.
(iii) Other information including incidence of cultivation, productivity, land
use include horticulture etc. incidence of irrigation and sources, cost of
irrigation, cropping intensity, availability of drinking water, types of soil
etc.
(iv) Other details including buildings on land topographical indicators, infra-
structure, land use assessment, mining rights etc should also be spelt
out.

6.7 Digitisation of Maps

6.7.1 The Committee has also taken a note of the process of Digitisation of
Maps and feels that it is in no way less important than creation of Land
Records. The two have to go hands together. The Committee has also assessed
the Bhu Bharati Programme of Andhra Pradesh for guaranteeing title to land.
It finds that the process of aerial photogrametry has obvious problem of
accuracy.

Recommendations

(i) Hundred per cent validation by age matching of the digitized print out
with the original maps with the technique of superimposition.

42
(ii) Use of Cartosat I or II for greater accuracy as the former self generates
its coordinates.
(iii) Use of Electronic Total Station is recommended in areas with large
canopy.

6.8 Role of the Panchayats in Land Management

6.8.1 The Committee has taken note of the inaccuracies in the present mode
of the Land Records, the rent seeking behavior and the inadequacies of the
dispute resolution mechanism. The PS Appu Committee had recommended
handing over the Record Management to the Gram Panchayat and the D
Bandyopadhyaya Committee has also some recommendations to that effect.
The Committee feels that while there has been an invariable process of
democratisation in the governance of other subjects land continues to be
institutionally governed to a bureaucratically controlled semi-colonial
Management structure wherein the the Patwari and the other revenue
functionaries dominate. The present structure is dispute enhancing and
litigation promoting. The Panchayati Raj Institution have gained in maturity
and have some outstanding work for instance in Heure Bazaar in Ahmednagar
and Gopalpura in Rajasthan to mention a few. The Committee feels that a time
has come for decentralizing and democratising the land management system.

Recommendations

(i) Full rights of management to vest in the Gram Sabha of the Panchayat
in respect of the village Wasteland, Common Lands, land under public
utilities, Government Land, Community Lands, dedicated lands etc.
(ii) The Management rights will include settlement of lands, removal of en-
croachment and draw and utilize funds under different programmes of
the Central Government.
(iii) Mutations in undisputed cases should be done by the Gram Sabha.
(iv) In disputed cases it should be referred for conciliation/arbitration
(v) There should be annual updation of records and 6 monthly preparation
of Adangal/Khesragirdawari
(vi) It also recommends for setting up of Nyaya Panchayats with concilia-
tion, arbitration and adjudication functions.
(vii) It also recommends that the Collector should be divested of his direct
Court functions and should just retain the supervisory function.

6.9 Land Issues in the Tribal Area

6.9.1 As mentioned earlier, the committee finds that land is the critical issue
in the tribal areas. The framework of PESA is sufficiently strong but it is not
implemented, as Committee IV has noted. Under the new dispensation of
PESA the Gram Sabha is the fountain head of all powers and has command
over all natural resources in the village and this should be realised.

Recommendations

43
(i) The land issues in the V Schedule Areas can only be reconciled with a
faithful implementation of PESA. The one-point programme of the
Government should be the implementation of PESA.
(ii) The Government of India should form a multi-disciplinary team for
implementation of this Act headed by the Hon’ble Prime Minister.
(iii) The role of the bureaucracy would be only supporting the Gram Sabha
and facilitating the flow of technologies and training.
(iv) This calls for posting of officers with sensitivity to these areas after
having given them a thorough training in the tribal life and customary
laws.

6.10 Emerging Forces

6.10.1 The Committee has taken note of the emerging forces in the land
market including the rise in landlessness following the liberalization process,
urbanization, industrialization, rise in joblessness, deepening of poverty, great
distress in rural sector, relaxation of protective legal framework and the great
distress in the agricultural sector. The introduction of NREGA has provided
succor to the people at the village level and has enhanced their bargaining
strength.

6.10.2 The Committee has examined the Bhu Bharati Programme of

Andhra Pradesh for providing Guaranteed Title to Land. Though there are
some infirmities in the programme structure the Committee of the
opinion that this represents the future and must be adopted at the na-
tional level.

6.10.3 The Committee has also examined the concept of Land Bank
floated by the NIRD based upon the VELUGU Programme of Andhra Pradesh
for purchase of land. The NIRD model is an extension of the Land Based SHG
Movement in Andhra Pradesh. The Committee feels that this is a strong
model. The NREGA has created a push effect upon the Rural Wages and has
enhanced the bargaining strength of the landless. There is also the decline in
profitability in agriculture [Alagh, 2008]. It is of the opinion that agriculture
holds promises for such households contributing the bulk of labour themselves
and will contribute to migration of the middle class farmers to the urban Ar-
eas. The Land Bank appears an appropriate Institution for accessing of the ru-
ral poor to such lands that is released by the middle and large sized classes.

Recommendations

(i) The Bhu Bharati Programme needs a fresh look on particularly in terms
of its technological application and its processes of ground truthing.
(ii) It may be taken up by other States on pilot project basis leaving the op-
tion at the scale of adoption of the programme.
(iii) The Land Bank may also be adopted by the States either on pilot project
basis or on full scale.

44
6.11 Training and Infratructure

6.11.1 Ushering in changes as momentous as the above would require a

competent training support structures and wide spread institutional support.

Recommendations

(i) The Committee recommends setting up of a National Agency for Com-

puterisation of Land Records (NSELR) and at the State levels (SACLR).
(ii) Creation of a network of a training institution with some strong Institu-
tions acting as the base and involving institutions like SIRDs, ETC, Sur-
vey Training Schools, Survey of India Schools, etc.

7.1 Common Property Resources and Conversion of Agriculture Land

for Non-Agricultural Purposes

7.1.1 The Committee opines that the Land Reforms can be carried out
appropriately unless there are land use plans of village, states and the nation.
Such land use plan should capture the overarching concerns: ecological, food
production, livelihood and allocating land for industry and development
purposes.

7.1.2 The land use plan can be developed and executed involving people,
States and Central governments, and dedicated non-governmental
organizations. Thus, absence of a long term perspective is the cause of land
related contentions observed throughout the country. Furthermore, absence
of long term land perspective on land and land use plan have led to improper
recognition of common property resources in the country. This has also
contributed to rampant conversion of agriculture land for non-agricultural
purposes having detrimental effects.

7.2 Common Property Resources

7.2.1 In the context of villages in India CPRs perform several functions in

terms of their contribution to people’s livelihood as in household income, live-
stock sustenance. As per the National Survey Organization’s report, the total
contribution from CPRs to household income at a national level is INR 693.
CPRs are important from ecological perspective. In most of the hilly regions –
south Rajasthan, Western Ghats, Central India, Himalayas and Eastern India
large tracts of forests lands are part of many local watersheds. Proper devel-
opment and management of these common lands is critical to the success of a
watershed as they act as reservoirs of water and are also often located along
the watershed ridges. Thus, the criticality of CPRs is to support rural liveli-
hoods and ecology.

7.2.2 Lack of clarity on what constitutes CPR - It was realized that there
is not much clarity on what constitutes CPRs out of the various categories
used by the government for their land use statistics (i.e., 9-fold classification).

45
The lack of clarity towards clear definition of CPR is the root cause of the
improper public interventions.

7.2.3 Reduction of lands used for common purpose - In recent years

there has been a steady decrease in all kinds of common lands – pastures,
village forests, ponds, or even burial grounds. This is due to diversion of CPRs
for urbanization, industrial needs, mining practices, pressure of
developmental projects like dam, roads, school, homestead needs –
distribution to landless families, cremation grounds, playground, etc.
Moreover, the area under CPR is threatened due to encroachments by
resource-rich farmers.

7.2.4 Tribals and Forest land - Forests have traditionally served as com-
mons both ecologically and economically for the tribals dependent upon them.
Biodiversity of the ecologically fragile regions like the north-east and western-
ghats also need to be safeguarded to ensure their role as ecological buffers for
the burgeoning human population.

7.2.5 Poor land administration: The complex nature of land administration

is to the disadvantage of the rural poor. To further aggravate the situation is
the inconsistencies in land records.

7.2.6 Absence of a long-term land perspective: A long-term perspective

towards land seems to be missing both at the government and community lev-
els. This shows a clear absence of a political will to have this perspective. At
the same time, such perspective is not propagated by bureaucrats, too.

7.2.7 Failure of institutional arrangements: Over-exploitation of CPR

definitely points to poor-upkeep of these resources. This points to the fact that
traditional institutions have either weakened or disappeared and have failed
to enforce norms. Also, Revenue Dept control has never been interested in
productivity, being too remote to manage and with lack of funds to develop it
as their major role has been more of a record keeper rather than that of
developer.

Recommendations

(i) A long-term perspective on CPRs should be evolved through developing

land use plans of each village, State and the country.
(ii) It is not appropriate to provide a uniform national definition of CPR;
however, the perspective on which CPR should be defined in the na-
tional, state or local contexts is important. It is recommended that CPR
should be defined according to its importance to support rural liveli-
hoods and ecology. Thus, according to the 9-fold classification, the fol-

46
lowing categories of land should be considered as common property
land resource:

 Cultivable wastes and Fallows other than Cur-

rent
 Common Pastures and Grazing land
 Protected and Unclassified Forests
 Private land to which common access may exist

(iii) Minimum percentage of CPLR in a village: There should

be a provision for having at least some percentage of a total land in a
village under CPLR. The rationality for capping should be decided by
State governments.
(iv) Banning on diversion of CPR land for other purposes:
Based on the criticality of CPRs, a complete ban on diversion should be
approved unless their conversion is in the larger interest of all the users
and ecology. The ban should be imposed in the capped CPLR area.
(v) Enumerating CPR in every National Sample Survey: To
identify and estimate the magnitude of CPRs in the country the National
Sample Survey Organization should enumerate this in every round.
(vi) Development model of CPR: The development model for
CPR should be similar to the JFM model. The entire rights over the man-
agement and use of CPR should be assigned to its users.
(vii) Institutional arrangement to govern CPR: For proper man-
agement of CPR the role of community-based institutions, the central
and state governments, and civil society, especially those working on it
are critical.
(viii) Disincentives against encroachment: There should be
heavy penalty on resource rich farmers who encroach upon such lands.
(ix) Protecting existing de jure CPRs: It is high time to safe-
guard existing de jure CPRs. Funds should be made available and invest-
ment should be carried out for their development. To add, diversion of
existing de jure CPRs should be banned.
(x) Providing directions to the existing land use boards in
each state: The existing defunct state land use boards should be ad-
vised and provided guidance to make those effective. They should be
provided necessary resources and directions to develop land use plans
of each village and thus state.
(xi) Re-classification of land based on governance parameters
and land use requirements.
(xii) Initiating fast track and time bound processes for re-
solving disputes on CPRs: To resolve disputes over CPRs should be
resolved on priority and the central government should initiate fast
track and time bound processes for resolving disputes over CPRs.
(xiii) Removing inconsistencies in land records on priority:
The discrepancies in land records in the country should be rectified im-
mediately. This should be solved through carrying out fresh land survey
and settlement.

47
(xiv) Building public awareness: Building greater public aware-
ness is the need of the hour. More importantly, people’s perspective on
CPRs should be thoroughly understood and taken into consideration
while designing public interventions.
(xv) Better land administration: For the entire recommenda-
tions to be executed the land administration has to do its due diligence.
Unless there is an initiative and innovation to improve the existing
structure, the reforms cannot be implemented properly.

Conversion of agriculture land for non-agricultural purposes

Widespread conversion of agriculture land for non-agricultural purposes is

being observed throughout the country. The major drivers of such rampant
conversion are decreasing incentives from agriculture, industrialization and
urbanization, and changing aspirations of the people. The conversion of prime
agriculture land has led to decrease in food production. This has become a
huge challenge as India needs to secure food grain for its 1.1 billion people.
This allocation of land has led to displacement of large tribal population
threatening their livelihoods. More importantly, inequitable distribution of
benefits from the new land use, insufficient quantity of compensation, and
rehabilitation not operationalised properly is leading to enormous
dissatisfaction among the project affected people. This ultimately is leading to
gruesome social unrest as witnessed across the country. Such violence can
escalate and spread in other parts of the country if the conversion of
agriculture land is not addressed relevantly.

Recommendations

(i) Stakeholders’ consent: Consent of all the stakeholders should be

considered before land is acquired. This is imperative for smooth
implementation and also for getting the right kind of benefits to the
people. Thus, Gram Panchayat should be consulted at the time of
acquiring land.
(ii) Reclamation and development of unutilized and used land: It has
emerged from the state visits that in many instances unutilized land
acquired for a public purpose is difficult to reclaim. There should be a
speedy process to reclaim and take possession of the unutilized land.
Moreover, used land, especially in case of coal and other mines should
be reclaimed and acquired instead of acquiring agriculture land for
public purpose.
(iii) Environmental impact and social impact assessments: These as-
sessments should be thoroughly carried out involving the stakeholders
before projects are executed. And based on these assessments future
course of action should be decided. Social impact assessment is highly
advisable to deal with compensation, rehabilitation and resettlement is-
sues.
(iv) Barren and uncultivable land should be used for non-agricultural
uses: To the maximum extent barren and uncultivable land should be
acquired for industry and public purpose.

48
(v) Better infrastructure designs: At this juncture of the growing econ-
omy better design of infrastructures should be promoted. There should
be emphasis on approving and promoting multi-storey buildings that oc-
cupy less land space, especially for urban development.
(vi) Definition of Public Purpose: The definition of public purpose should
take into account ecological considerations.
(vii) Banning excess land being acquired for public purpose: Develop-
ers who acquire land under Land Acquisition Act or SEZ should be pre-
vented from acquiring more land than required.

8.1 The Systems of Land Management in The North-East and

Recommend Appropriate Measures in Relation to Them

8.1.1 The inclusion of the northeast in Indian union is a history of recent

times. Each state of the Northeast has a different administrative structure
under the Constitution of India. Some areas are under the Sixth Schedule and
or under special constitutional safeguards. This constitutional provision
recognises the existence of the community process and state process with a
clearly-delineated spheres and without impinging on one another. Accordingly,
it invested the Autonomous District Council with legislative, executive,
financial and judicial powers. These councils are expected to create harmony
between the administration and the traditional tribal institution.

8.2 Some Structural Issues

8.2.1 The Autonomous Districts Councils have failed to a great degree to

perform their task, for which they were created. In the absence of a clear
provision for co-ordination of their activities with that of the state
government, the ADC tend to draw their legitimacy mainly from the state
power rather than the community process. The Councils have no legal experts
or trained judicial officer to codify the customary laws. Further, the
functioning of these autonomous institutions is increasingly subject to party
and sectarian politics which has reduced their credibility and affected their
development initiatives. The judicial autonmy and the provisions of customary
laws are often subject to misinterpretation and even abuse on these accounts.

8.2.2 In the matter of exercise of developmental function, the Autonomous

Councils are heavily dependant upon the state governments. Further, the
sources of finance for the Autonomous District Councils are more diversified
and due to the intervening role of state government, they are generally
starved of fund. At present, village councils exist in all states. In Manipur,
these are called ‘republics’ and in Mizoram village council. Village
development boards (VDBs) are the Naga version of Panchayat Raj system.
These bodies are true catalysts for development and therefore in 1980, were
given administrative and local mandate.

49
8.3 Tenure system

8.3.1 In the entire region both the customary laws and government land regu-
lation co-exist. But, in practice, largely the customary laws govern the tenure
system. This is particularly the case in the hills. Accordingly, three forms of
land ownership namely chief lands, community lands and individual lands are
noticed.

(i) Control and management of lands by village chiefs with right to

cultivation for individual members Tribes which have strong chieftain-
ship systems, follow this kind of land ownership. The tribal chiefs allot
lands to the individual families for Jhooming. The chief has the right to
determine which plot of land is to be allotted to a person for cultivation.
The right of the chief is the right of management of the community
resources.
(ii) Lands owned by the villagers collectively - Until recently, individual had
access to land resources in the tribal areas only as members of their
respective communities. Even today it holds good in most tribal areas,
who predominantly practice Jhooming. The land belongs to the
corporate group and each family is provided with an adequate plot of
land according to its needs and capacity for bringing the allotted land
for cultivation.
(iii) Land owned by the individual families - This is applicable mostly in the
plains. In Assam, there has been a written law since 1886 and Tripura
and Manipur confirm the existence of private ownership of land since
1960. In the absence of an extensive land reform, customary laws
govern the private ownership and wherever land reforms were initiated,
private ownership has been recognized but without title deeds (patta).

8.3.2 Out of the three land tenural systems that are prevalent in the region
the first two are centered on shifting cultivation. This has direct bearing on
food security in the region as such a practice contributes to deforestation and
soil erosion and in turn, accounts for low productivity.

8.4 Issues in Land Administration

8.4.1 Land alienation and landlessness with emerging land use pattern:
To begin with, the opening up of tea plantation (in Assam by middle of
nineteenth century) and exploitation of natural oil and coal, have brought in
new economic activities. These activities have absorbed a large number of
immigrant labours, since indigenous population remained with agriculture at
a stagnant level. This has effected decline in control over local resources.
Secondly, with such emerging commercial values, the land use patterns too
experience trends.

50
i. The land after Jhooming is never released and put to continued use
either for plantation or for permanent cultivation with the right of
transfer.
ii. Thus, large area of community land has degenerated into private land
either by accident or design of vested interests.
iii. The sale and purchase of land under settled or permanent cultivation
has led to emergence of absentee landlords (inherited, purchased or
acquired) and with them, the tenancy and share cropping practices.

8.4.2 Ineffective Land Regulation: The major limitation in customary laws

is that in most cases, these laws have not been codified. Even where codified,
it is often interpreted to suit to the interests of a few. On the other hand, no
state has done extensive land reforms. In some cases, though land right was
provided, ownership titles have not been issued. This deprives them from
accessing resources from the formal institutions. Two issues emerge from this
situation. For one, the efficacy of customary laws to address the emerging
trend in land use patterns and on the other hand, the capacity of the legal
framework to evolve as per the needs of the tribal societies are getting to be
seriously questioned. This presents a serious dilemma for both, the central
and the state governments whether to expedite privatization of landholding or
to encourage community holding for a better management of the greatest
resource base of the land and forest, given the contradictory forces operating
within the community.

8.4.3 Land Categorization: The land classification situation is different for

Assam than for other hill states, which are 100 % tribal districts. Cadastral
surveys have not been done at all in these states and the community owns the
lands there.

8.4.4 Shifting River Courses: Assam has been battling the problem of
shrinking lands due to this. Such Juli lands are a big bone of contention.

8.4.5 Pressure on land : due to various development needs. Demand for the
land for the industry has been on the rise continuously. Cases to be noted are
the Noonmati refinery, SEZs etc. Displacement has also led to the vulnerable
groups being targeted leading to alienation. There is an urgent need for states
like Assam to have an urban development policy as the people’s way of life is
changing. Diversion should be avoided except for community purposes.
Diversion of agriculture land for non-agriculture purposes has been done
mainly for Residential Areas etc.

8.4.6 Encroachment on CPRs- Alternatives should be available for the

government to prevent the privatization of such common lands. Most of the
government land is known as Khaas lands, which includes revenue wastelands
and culturable wastelands etc., as well as the VGRs and PGRs. Also we need
to differentiate between the encroachments that are done on need basis and
greed basis. Many of the such illegal practices have been promoted in the
garb of livelihoods such as wood smuggling, mafias etc.

51
8.4.7 Water Resources should also be considered as CPRs and include
wetlands, channels and waterways. No person should be allowed to encroach
or damage the water bodies. Wetlands have been considered to be the
ecologically most productive areas but till now (even more productive than
forest areas) there is no government wing that takes care of it. But overall
there is a need for conservation of overall ecology of the area.

8.4.8 Thus ultimately we see that the need of the hour is to create a roadmap
for the land prioritization which would try and address the following needs:

(i) Prevention of marginalization of tribal people

(ii) Ecological needs and preservation of biodiversity that render ecological
services.
(iii) Investments in improving the productivity of land
(iv) Development and Industrial growth for the 4 million strong population
(v) Improving the capability of people to take development in their own
hands.

Recommendations

Recommendations relating to Land System:- The Committee has taken

into account the existing debate between privatisation of lands or reinforcing
its community character. Retaining and strengthening the community based
land management system that prevails in some of the Hills areas of the North-
East is in the vital interest of the tribes living therein. Derogation of the
traditional system of land management has led to growth often iniquitous land
relationship and a differentiated land structure. It has also led to and is likely
to lead to undermining the self-governance nature of the tribes and their
social institutions.

i. Not all these States formally recognize the traditional rights of the com-
munity within a legal framework. On account of an express legal sanc-
tion the Courts often call into question the decision of the communities
and decide against them. This lead to further erosion in the authority
and prestige of the village council and the traditional system of gover-
nance in the region. Hence, there is an urgent need for codification of
the traditional rights of the village council and other institutions of self-
governance.
ii. In the post-independence era there has been erosion of the status of
tribal institutions due to lack of legal recognition The committee there-
fore appreciates the Nagaland Communitisation of Public Institutions
and Services Act, 2002, which has contributed substantially to the im-
provement in delivery and operation of the services communitised and
have added to the prestige, strength and authority of the Village Coun-
cils and other village institutions. The committee recommends adoption
of the same underlying principles and legal structure in respect of land
and forest management system in the rest of the Hill areas and such
other areas that may choose to prefer this system.

52
iii. Taking into account the intra-and inter tribal differences in their self-
governance and traditional institutions the Committee recommends
that even within the formal framework of the proposed Communization
Act there should be enough space for the existing traditional institutions
and innovations.
iv. There must be a wide spread process of informed consultation the bills
are presented before the state assemblies. A consensus must be evolved
on these issues within all the District Hills Councils and Autonomous
District Councils.
v. Such an enactment must respect the traditional rights of the communi-
ties and their village institutions in land.
vi. The Committee recommends that the States may considred setting up a
Village Land Council to manage all common/ village common lands in-
cluding the waste lands in the village.
vii. The Committee strongly recommends that the Village Community should
have the same command over all land resources, water resources, forest
resources and mining rights that constitutes the natural resources
within the village territory as has been bestowed under Panchayat (Ex-
tension to the Scheduled Areas) Act, 1996 in the Schedule V Areas with
powers to place reasonable restriction on transfer of ownership lands,
leasing, their alienation to the other communities and their restoration.
viii. Land Use Patterns - The VLC shall decide the land use pattern for the
village with the approval of the Village Council and Village Assembly. It
will also prepare a land use plan defining the agriculture, housing, for-
est, pasture, agro-industry zones, etc., and will have the same approved
by the village assembly.
ix. Management of Village Forests- The VLC shall also lay down policies
and rules for felling of tress and plantation of new trees in lieu thereof
and lay down the mode and extent of appropriation of forest produce
from such village forest land including the sharing of usufruct between
the state government and to itself. The VLC shall decide and enforce
the community forest rights and may make rules for the same and would
be the custodians of the forest rights dwellers and shall be responsible
for their enforcement. Thus the group recommends that the VLC shall
be the first body for the dispute resolution including counseling, media-
tion and arbitration before undertaking adjudication and the department
officials of revenue and forest should cooperate with this committee.
The group recommends that the VLC may make plans for regeneration
of forests, watershed management within the village area and may make
agreements for this purpose with neighbouring villages or organizations
for the same.
x. Legal Recommendations- The jurisdiction of the Civil Courts should
be barred in respect of the decisions taken by the VLC or in the func-
tioning of the VLC. The state government may declare an authority at
the block or at district level as the competent authority to hear and de-
cide appeals against the decisions of the VLC. Such bodies may also
comprise village elders, social workers and public representatives, in
addition to government officials.

53
xi. Illegal immigration – is a major problem in the area with severe en-
croachments on the rights and land of the communities. Most of this ille-
gal immigration has taken place with the connivance of the revenue offi-
cials. The Committee feels that there should be a strigent clause in the
revenue laws that before opening of a new demand the permission of
the Collecter should be taken. Besides the community may have the
right to remove the encroachment by such illegal immigrants and evict
them.
xii. Survey Operations should only take place on demand of the communi-
ties and to the extent demanded.
xiii. Record of Rights – The records of rights should only have such fea-
tures as is permited by the Village Communities.
xiv. Land Management System - The powers of management of land at
the ground level will be with the VLC subject to the control of the Gen-
eral Assembly of the village including creation and management of
records. No acquisition and alienation of the land will take place without
the informed consent of the village assembly. The role of the State will
be to provide support including logistics, technical, and financial sup-
port to the village council in management of lands as defined in the sets
of the recommendations.
xv. Training - There shall be a State level Training Institute (STI) in all the
North Eastern States with its Regional Centers in the remote areas and
the State Institute will be linked to a National Training Institute to be
created by the Government of India. The STI will impart training to all
the revenue functionaries in data entry, data management, satellite im-
agery, photogrammetry, GPS and other modern techniques and will also
impart training in computerisation of land records and digitisation of
maps. The STI will be responsible for training all the officials in relevant
land and administrative laws of the land. The Government of India will
extend financial support both for development of structure and running
of training courses.
xvi. Administrative Structure - All the above mentioned suggestions can
be implemented by establishing a State Level Body including the Rev-
enue and Land Reforms Secretary, Forest Secretary, Finance Secretary,
Rural Development Secretary and the secretary of Tribal Affairs. There
shall be a separate Directorate of Survey and Land records with sepa-
rate field establishments of Settlement Officer for preparation of ROR
and for reproduction of village maps. The maintenance and updation of
land records shall be done by the Collector of the district assisted by the
Sub Divisional Officer and his subordinates. There shall be a Land Dis-
pute Readdressal Tribunal consisting of retired judges/officials for hear-
ing and deciding the land dispute cases which cannot be solved by the
VLC.

********

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INTRODUCTION

1.1 The Committee

1.1.1 In January, 2008, the Government of India constituted a Committee on

State Agrarian Relations and the Unfinished Task in Land Reforms under the
Chairmanship of the Minister for Rural Development to report on the status of
implementation of land reform measures in different states and on the agenda
of tasks yets to be finished. Simultaneously, National Council for Land
Reforms was constituted under the Chairmanship of the Prime Minister, with
the objective of providing broad guidelines and policy direction on land
reforms (vide No. 21013/4/2007-LRD on 9th January, 2008.1 ) (Annex- A)

1.1.2 In its very first meeting, the Committee emphasised the importance of
good governance in land administration and effective management of land
records for poverty reduction, economic development and social equity.
Socially just access to land and land related services, and security of land
rights are of utmost importance in achieving inclusive sustainable
development. Equitable land relations give rise to a more harmoneous
production relations that shape a just agrarian order.

1.2 Methodology

1.2.1 The terms of reference of the Committee consisted of very broad range
of issues including different aspects of land administration, management and
its equivalent destitution. The Committee, with a view to address these issues
in depth grouped them into seven broad areas and constituted seven sub-
groups, each addressing one set of issues (Annex – B).

1.2.2 A detailed questionnaire covering different aspects of land reforms since

Independence (The questionnaire annexed at Annex - C). It was sent to all
State governments for current status mapping and to identify the critical gaps
in policy formulation and implementation. Unfortunately, the responses
received till date have been extremely inadequate.

1.2.3 The National Institute of Rural Development conducted a rapid survey

using a pre-designed schedule so as to provide a firm base for the report of
the Committee (Annex – D). The NIRD mobilised a team of experienced
researchers to guide the enumeration work. However, due to constraint of
time the sample size had been kept deliberately small. The researchers also
relied upon field observations, case studies and interviews. One of the major
problems encountered by the researchers was the lack of availability of latest
data. All efforts to procure data from the State Governments either through
the Ministry of Rural Development or through the individual researchers were
frustrating except in the case of some honourable exceptions. (For list of the
States covered see Annex –E).

1
The Gazzettee of India, EXTRAORDINARY, NO. 15, January 9, NEW DELHI, WEDNESDAY, 2008/PAUSA 19,
1929

55
1.2.4 The Reports of the sub-groups, despite the constraints, provided
valuable inputs for the Report of the Committee. They are rich in information
and throw invaluable insights into the subject. These studies have a lot more
material for future use and are compiled in a seperate volume.

1.3 Field Visits

1.3.1 The sub-groups relied upon field visits wherein they had extensive
interviews with different stakeholders - officials of the State Governments,
civil society-based organisations, individual tenants, landowners, members of
the Bar, political parties and academia. The members of the sub-groups made
a number of field visits to different parts of the Country. These visits and
interviews/discussions have provided a rich source of material for the report.
Field visits were made in collaboration with Ekta Parishad, National Institute
of Rural Development (NIRD) and Ministry of Rural Development. The sub-
groups visited Gujarat, Maharashtra, Andhra Pradesh, Karnataka, Orissa,
Rajasthan, Uttar Pradesh, Chattisgarh, Madhya Pradesh, Bihar and West
Bengal where several civil society organizations and mass movements
working on issues of land, were consulted and relevant materials on their
findings were gathered. Close to thirty public hearings were conducted across
these states. Apart from that, interviews were conducted of different activists
and officials on the basis of a structured schedule in order to get an insight
into the hurdles and crises which have arrested the process of proper
functioning of land administration and distribution according to the existing
law statuettes.

1.4 Secondary Sources

1.4.1 A large number of secondary sources in the form of previous reports,

published literature, articles in journals and studies conducted by individual
researchers were utilised. The studies conducted by the Indian Administrative
Service Officers of Lal Bahadur Shastri National Academy of Administration
(LBSNAA), Mussoorie also provided a rich source. In addition, two of the
published reports, one by Koneru Ranga Rao Committee in the State of
Andhra Pradesh and the other by Shri D. Bandyopadhyay in the State of Bihar
provided valuable insights as well as latest data.

1.4.2 A particular mention needs to be made to the State-wise Survey Report

in the North East. In fact, the last major survey of land relations was done
more than 20 years back. The North East Survey is particularly of seminal
value as such a survey has not been attempted in the past.

1.5 Writing of the Report

1.5.1 The Report of the Committee is based on the Reports of the Sub -
Groups. The final drafting of the Report of the Committee was coordinated by
Shri B K Sinha. Dr. P. K. Jha, convenor of Sub-Group - I wrote the report of
Sub-Group - I as well as III, dealing with Governance Issues and
Convergence of Policies relating to land and suggestion for Institutional

56
Mechanism. Likewise, Shri B K Sinha, the Convenor of Sub-Group - V relating
to Modernisation of Land Management and Sub-Group - VII on System of Land
Management in the North-East drafted the report of these Sub-Groups -. The
Report for Sub-Group - II on Tenancy, Sub-Tenancy and Homestead Rights
was written by Dr.T. Haque and team, and the Sub-Group - IV dealing with
Tribal Land Alienation and PESA was written by Shri [Link], the
Convenor of the Sub-Group and its members. The report of the sub – Group VI
was drafted by the group’s convener, Ms Neelima Khetan and team.

1.6 Workshop

1.6.1 The draft Report of the Committee was placed before a workshop at
NIRD, Rajendranagar, (October 4-5,2008) attended by administrators (both
serving and retired), activists, academics, social workers, civil society based
organisations, members of different tribal groups, amongst others.
(Proceedings of the Workshop at Annex – F). The necessary modifications
have been made in the Report on the basis of the discussions therein.

1.6.2 The workshop at Rajendranagar recommended organising a special

workshop for the North East where the land relations of the plains did not
apply. Accordingly, a wrkshop was conducted at Guwahati on 30 th October,
2008 (Report of the Worskshop Annex-G).

1.7 The Context of Land Reforms

1.7.1 Land is of critical significance to the vast majority of the poor who
derive their livelihood from agriculture. Physical subsistence, procuring a
decent, dignified livelihood and the well-being of entire families depend on
land. The issue of land rights and access to resources is, therefore, one where
land must be envisioned as a productive unit which sustains interrelated
livelihood resources.

1.7.2 The Committee finds two of the land related issues that compel
immediate attention. First, a number of critical gaps continued in land reform
measures initiated soon after Independence leading to socio-economic
disparity and unrest. In the second place there has been a noticeable rising
trend in the loss of land, particularly in recent years from the tenants and
farmers due to various factors. These range from development and state-
owned mega projects of heavy industries to change in legal statuettes
regarding ownership and acquisition of land by private enterprises to the
increasing impact of environmental degradation on cultivable land.

1.7.3 The Committee is strongly of the view that existing provisions of land
reforms must be revitalized from their dormant state. New mechanisms may
need to be adopted in order to accomplish the tasks which have not been
fulfilled. Further, it is extremely important to identify and investigate the
processes through which agricultural land, sustaining substantial populations,
are being lost.

57
1.7.4 The need for implementation of dynamic land reform policies have also
been highlighted in the Eleventh Five-Year Plan which states that an efficient
and corruption free land administration, coupled with a dynamically adaptive
land policy, has a vital role in increasing agriculture growth and poverty
reduction. The key elements of an effective land policy are the following:

 Modernization of management of land records

 Reforms relating to land ceiling
 Security of homestead rights
 Reforms relating to tenancy laws
 Protection of the rights in land of tribals
 Access to agricultural services

1.7.5 After independence, the state recognized the vital link between land
and livelihoods and launched land reform measures with three components,
viz., abolition of intermediaries such as zamindars, security of tenancies and
ceiling on agricultural holdings. Concomitantly, however, the state also set on
path of rapid industrialization, which required building of massive
infrastructure, mining and industries of capital goods such as ironed, steel,
heavy engineering and big dams which meant acquiring land on a large scale.
However, the displacement of people that goes with this process did not find
official recognition at the level of policy-making till the end of the Third Five
Year Plan.

1.7.6 The Land Acquisition Act of 1894, was applied to large scale
acquisitions resulting in displacement and deprivation of means of livelihoods
for affected people, but did not give them the right to resettle or rehabilitate. 2

1.8 Historical Background

1.8.1 The main plank of land reforms in India after independence was to
abolish landlordism and to provide ‘land to the tiller’ by vesting former
tenants with permanent and even heritable and transferable rights in the land
which they cultivated.

1.8.2 Legislative provisions were made in extensive areas of the country

providing for conferment of ownership rights on tenants or allowing
cultivating tenants to acquire ownership rights on payment of reasonable
compensation to the landlords. Some of the states acquired ownership of land
from the landowners and transferred it to the tenants who paid certain
amount of premium to the State. Sub-tenancies were generally prohibited
except in certain cases, viz., widows, members of the armed forces, minors,
unmarried women, persons suffering from disabilities etc.

1.8.3 The Indian Constitution included agriculture and land reforms as State
subjects. The landed gentry were even more powerful in the state legislatures
and state governments, and exercised considerable influence over the organs

2
Kannun Kasturi ‘Right to displace but no duty to rehabilitate’ India together, Saturday, 16 February,
2008[Link]

58
of the state. The land reform legislations, particularly those imposing, which
were passed following protracted deliberations in the states in the 1950s (but
in some case as late as the early 1970s), provided substantial opportunity to
the land owners to take measures to dilute, if not defeat, the intent of the
legislations. In particular, they were able to evict large numbers of
unrecorded tenants from lands recorded as being under their ‘personal
cultivation’.

1.8.4 Nonetheless, the legislations abolishing landlordism achieved a

significant transformation of the countryside by enlarging the base of land
ownership and creating essentially three categories of land-holders in those
with heritable and transferable right over land, those with permanent
occupancy rights (which were to gradually transform into the first category),
and tenants who had the obligation to pay rents to one of the two earlier
categories. As a result of the implementation of these laws, the ownership of
nearly 40 percent of cultivable land was transferred to the direct
producers and under tenancy laws nearly 12.4 million tenants obtained
secure rights or ownership rights over an area of 6.15 million ha (i.e
about 4.4 percent of cultivated area)3

1.8.5 The land reforms under the Five Year Plans have been sequentially
presented in Annex - H. It stands mentioned that the process of enactment of
the ceiling laws was attended with so much of delay that the landlords were
successful in evading the legislation and defeat the very purpose of land
ceiling and redistribution of land. A spate of fictitious transfers, sales, benami
transactions, partitioning of family property etc. by big landlords with the
intention of circumventing the ceiling legislation took place throughout the
country which went unchecked. Splitting up of agricultural estates had
already taken place so that by the time the new legislations came, very little
land in any case was available for distribution. 4

1.8.6 The Report of the Task Force of the Planning Commission (1973) gives
various reasons for the non-implementation of land reform measures. The
major conclusions drawn by the Task Force for the poor performance of land
reforms were lack of political will, inadequate land policy, legal hurdles and
the absence of correct land records. Another crucial factor which was
responsible for this debacle was the weak administrative machinery for land
reforms as well as the lukewarm and apathetic attitude of the bureaucracy,
partly because of their own vested interest in land and bias in favour of the
big land owners.

1.8.7 The law suits, existence of loop-holes in the laws and protracted
litigation were cited as major obstacles in the way of implementing land
[Link] existing record of rights posed another constraint. In a judicial
system which places much reliance upon records the absence of correct up-to-
date record of rights was used by the landlords for large scale eviction of
3
Ministry of Rural Development Annual Report 2002-03, in Ravi S. Srivastav, Land Reforms, Employment and Poverty
in India, presented at National Seminar on Land Reforms in Uttar Pradesh: Retrospects and Prospects, August, 12-13,
2008
4
Op. cit., pg. 50.

59
tenants from the land actually tilled by them. Despite this alarming situation
and even when fully apprised of the seriousness of this problem the state
governments have not been able to prepare up-to-date and accurate reords-of-
rights despite the fact that all the Five Year Plans had provisions to undertake
village surveys and to prepare land records.

1.8.8 The Task Force of Planning Commission (1973) pointed out the huge
gap between the claim of the achievements in land reforms through five year
plans and the actual situation on the ground. It categorically stated:
“In no sphere of public activity in our country since independence has
the hiatus between the precept and practice, between policy-
pronouncements and actual execution, been as great as in the domain
of land reforms”.

1.9 Concern on the Current Status

1.9.1 At this point, the Agenda of the Revenue Ministers’ Conference

that was held in 1992 to look into the issue of land reforms (Annex- I) needs
to be referred to. The Sub-Committee of 1992 formed to deliberate and study
the items listed in the agenda had come up with recommendations (Annex -
J).

1.9.2 Looking at the available information on land reforms and the

recommendations made in the Revenue Ministers Conference thereafter, it
becomes clear that the task which was officially set by the Government of
India in 1992 has made little progress. The progress in the last 60 years has
been slow as a result of which the Agenda for the Revenue Ministers’
Conference in 1992 bears a striking similarity to some of the terms-of-
reference framed for the present Committee.

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Chapter One

Land Ceiling and Distribution of Ceiling Surplus,

Government and Bhoodan Land

1.1 The Context of Discontent

1.1.1 Both civil rights groups and Central government committees have
attempted to analyze the causes of movements such as Naxalism and their
ability to tap into disaffection and discontentment among the rural poor. At
the heart of this spreading movement are the issues of land and decades of
structural exploitation. We need to look at the demands around which their
campaign revolves:

 Implement land reforms.

 Handover to the occupants the endowment, government, and forest land
and lands belonging to landlords already occupied by people
 Implement the Land Ceiling Act.
 Complete all pending irrigation projects. Farmers should be given
irrigation facilities and supplied adequate power.
 Waive all private loans taken by the farming community to stop suicides
by farmers.
 Prepare a permanent and integrated plan for tackling the drought
situation.
 Scrap corporate agriculture.”5

1.1.2 The support base for Naxalite movement comes from the landless and
land poor who look towards fair distribution of land. Though, there are no
precise estimates, there is enough evidence to show that the Naxalite
movement assisted landless poor in occupying government lands both for
homestead and cultivation.

1.1.3 In this context, where there is a rise of agrarian unrest due to the lack
of redressal of issues of land rights and livelihood, the Planning Commission
deemed it extremely necessary to revive the agenda of land reforms.

1.2 Current Status of Land Holdings and Role of the Government

1.2.1 In 1973, as much as 23,15,000 acres of land was declared surplus under
ceiling laws, out of which 12,55,8 00 acres of land was distributed officially.
This stood at 54.24 % of the area declared surplus to be already distributed to
individual beneficiaries.6

1.2.2 Compared to that, in December, 2007, the total area of the land
declared surplus was 65, 59,292 acres, out of which total area of land taken
under possession was 59,98,390 acres. This implies that 87% of the land
5
[Link]
6
Task Force Report on Agrarian Relations, Planning Commission, Government
of India, 1973.

61
declared surplus has been taken under possession. Then, the total area
distributed was 49, 67,940 acres to 55, 34,176 individual beneficiaries, which
is 72% of the land declared surplus and 83% of the land taken under
possession.

1.2.3 Breaking down the amount of land distributed and taken under
possession into categories, the Committee found that an area of 18, 30,182
acres of distributed land went to SC population of 21,35,356 individual
beneficiaries. This constituted 37% of the total area of land distributed and
39% of the total number of beneficiaries.

1.2.4 An area of 7, 77,311 acres of land was distributed to 8, 44,622 ST

individuals which constituted 16% of the total area of land distributed and
15% of the total number of beneficiaries. An area of 22, 63,516 acres of land
was distributed to 25, 04,270 individuals other than SC and ST individuals.
This distribution constituted 46% of the total area of land distributed and 45%
of the total number of beneficiaries.

1.2.5 The total area of land not available for distribution was 12, 18,373 acres
which has increased from the last quarter of September 2007 of reporting.
This is 18.7 % of the total area of land declared surplus and 24. 52% of the
total area of land distributed. The total area of land involved under litigation
as reported is 9, 24,015 acres. This is 15.4% of the total area of land
distributed. 7

1.2.6 At the same time, the net sown area during 2003-2004, was nearly
140.88 million hectare accounting for 46.1% of the total geographical area.
The net area of land declared surplus is only 1.86% of the total cultivated
land. This reflects a glaring failure and backwardness of the agenda of land
redistribution. Then, 13.18 million hectares of land falls under culturable
wastelands accounting for 4.3% of the total geographical area. Thus, the
argument that there is not sufficient land for redistribution does not have any
factual basis.8

1.2.7 The above statements are a mere sketch of the situation with some
important gaps. There were no state wise data pertaining to the percentage of
the landless SCs and STs population, percentage of cases where land
distributed to SCs and STs are locked in litigation. On top of that, the
percentage of minorities is not known. In the case of which, a full-fledged
quantitative scenario of the current situation is difficult to arrive at and this
also speaks volumes of the lack-lustre performance of land records
maintenance.

1.3 Land Ceiling

7
NO.15012/1/2007-LRD, Ministry of Rural Development, Department of Land Resources (Land Reform Division),
Block No. 11, 6th Floor, CGO complex, Lodhi Road, New Delhi-110003
8
[Link]

62
1.3.1 Land ceiling continues to be one of the primary mechanisms to
implement land redistribution. Since Independence and throughout the 1950s,
both the central and state governments attempted to formulate and enforce
Agricultural Holdings Acts to reduce glaring inequalities in land ownership.
These ceiling acts placed a limit on the amount of land an individual could
own and determined the extent of surplus or excess land. These lands then fell
under the ambit of the state which was responsible for its distribution to the
landless poor.

1.3.2 The imposition of a uniform ceiling inevitably unveils a variety of

problems, given the vast differences between state demographics, be it size,
population or access to natural resources. Comparisons at the all-India level
remain, at best, indicative, revealing little about overarching trends. Taking a
look at the legislative evolution of ceiling and a cross section of examples from
states reveals the equivocal and inadequate commitment of both central and
state administrations. The government's dissimulation combined with
obstacles in implementation indicates that provisions of ceiling laws could not
reach agricultural workers; at most, the existence of these limits might have
prevented further concentration of land but the objective of fostering land
ownership remained thoroughly unfulfilled.

1.4 Evolution of Ceiling Policy from 1947 till Present

1.4.1 The evolution of ceiling legislation could be roughly divided into two
phases: the first began soon after Independence when the Central
Government through the Economic Program Committee prescribed cursory
strategies to divide and redistribute large holdings. Redistributive land
reforms through imposition of land ceiling on family holdings received
endorsement from academic research on size-productivity relationship in
India during the sixties. It was in principle supported that in agriculture, given
the same resource facilities, soil content and climate, a small farmer produced
more per acre than a large farmer.

1.4.2 Ceiling was the second prong of land reforms. In these years, ceiling
legislation treated the landholder as the unit of application. The ceiling size
was related to the size of an ‘economic’ holding which a family could cultivate
with its own resources, including traditional animal-power based ploughing
technology. It also varied between irrigated and un-irrigated conditions, and
exemptions were included for other categories of non-cultivated land such as
orchards. Here also land owners tried to sidestep reforms by de-jure partition
and distribution of owned land among real or fictitious relatives.

1.4.3 The Committee is of the view that a faithful implementation of the land
ceiling programme could have freed more land for distribution to the landless.
However, poor implementation of the ceiling laws gave rise to militant
movements from 1967 onwards centering on land issue. The Central
government recognized the urgency and sharpness of the issue and brought

63
about a second round of legislation in 1972 and some of the loopholes of the
ceiling laws were removed.9

1.4.4 The second phase began in 1972 with all States adopting the National
Guidelines. The state governments enacted land legislation and hereafter,
family was the basis of the holding. However, except in some states, land
ceiling legislation met with very limited success. Apart from the reluctance of
states to enforce land ceiling vigorously, other important reasons for low
achievement were the exemptions to tea, coffee, rubber, cardamom and cocoa
plantations and land held by religious institutions and charitable institutions;
fake transfers; misclassification of lands; and non-application of appropriate
ceiling for lands newly irrigated by public investment. These problems are
rampant in almost all major states of India, although they have their state-
specific hues. To illustrate the problems, we may take the case of Andhra
Pradesh and Bihar.

1.4.5 For instance, Andhra Pradesh, like many other State land reforms have
been an unfinished agenda. The policy of imposition of ceiling on landholding
was made with the objectives of reducing glaring inequalities in ownership
and use of land and meeting the widespread desire to possess land. Every
person whose holding as on 1-1-1975, together with any land transferred by
him on or after 24-1-1971, exceeds 10 acres of wet or 25 acres of dry land had
to file a declaration under Section 6. The Land Reforms Tribunal after enquiry
passed orders under Section 9 and the declarant was liable to surrender the
land held in excess under Section 10 (1). The land surrendered or deemed to
have been surrendered vested with the government which took possession of
it under Section 11 and distributed to the poor under Section 14.

1.4.6 Under the provision outlined above, 8, 37,840 acres of land was
declared surplus till December 2007 of which 6, 52,282 acres were taken
possession of and 2, 43,933 acres of land is yet to be taken over. The land
unfit for cultivation was estimated at 10291.18 acres. The land reserved or
transferred for public purpose was 16690.85 acres and area covered under
miscellaneous reasons and administrative delay was 31324.40 acres.

1.4.7 In Bihar, the current Land Ceiling Act established a variable ceiling on
landholdings, on the basis of quality of land. In brief, a person would be
permitted to own not more than 15 acres of class-1 land or 18 acres of class-2
land or 25 acres of class-3 land or 30 acres of class-4 land or 37.5 acres of
class-5 land or 45 acres of class-6 land. Then the law provides, for a
conversion table, of different categories of land. But such a finely tuned law
becomes impossible to implement and ends up being a big blow to the high
expectation of the people.

1.4.8 A comparison of ceiling status of two recent years provides a statistical

account of the dying agenda of land redistribution. In March 2002, the area

9
Section 3.4, Ravi S. Srivastav, Land Reforms, Employment and Poverty in India, presented at National Seminar on
Land Reforms in Uttar Pradesh: Retrospects and Prospects, August, 12-13, 2008

64
declared surplus was 2.7 million hectares (read m ha from now), out of which
2.63 m ha was taken possession of, and an area of 2.18 m ha was distributed
to 5.65 m rural poor. Of the total area distributed, about 36% went to SC
households and 15% to ST households. The area declared surplus was less
than 2% of the cultivated area which stands at 540 m ha.

1.4.9 Compared to this, data obtained by the Committee of December 2007

states, that area declared surplus was 2.7 m ha, out of which 2.3 m ha was
taken possession of (87% of the area of land declared surplus). An area of 1.9
m ha was distributed to 5.5 million rural poor households, out of which 7.3
lakh ha went to SC households which is 37% and 3.1 lakh hectares went to ST
households which is 16% of the total population of allottees. It is significant to
note that within a period of five years the net increase in the declaration of
surplus is almost nil, and the increase in distribution of surplus land to SC and
ST categories is of mere 1 % despite the fact that the country has witnessed
major advances in communication technologies.

1.5 Land locked in litigation

1.5.1 A large chunk of land (0.46 million ha) out of the declared surplus is
held up due to litigation at various levels and is not available for distribution.
This has led to a quick petering out of the agenda of land redistribution. For
instance in Uttar Pradesh, which shows a consistent record of distribution of
land from 1976 onwards, 83,853 cases of land dispute were registered of
which 50, 334 cases were resolved till date. There are 421 cases yet to have a
hearing and 13, 243 ha of land is locked in litigation.

1.5.2 In Bihar, presently, 43,009.2 ha of land are involved under litigation

under 1467 cases. In October 2007, the number of cases was 1175. Thus with
a quarterly reporting pattern, the rate of increase in litigious dispute of
ceiling surplus land stands at 19 percent.

1.5.3 In the case of Andhra Pradesh, where several progressive legislations

have been passed, till December, 2007, total land area involved in litigation
was 131570 acres. Litigation withholds a major part of the land in almost all
the districts. As a result of court decisions, a sizeable share of the land
declared surplus under ceiling law had gone back to the land owners.

1.5.4 A number of cases were filed on wrong determination of surplus by the

land reforms authorities by not verifying the status of legal heirs, gift deeds,
already transferred by Sada bainama to another party by declarant, non-
deletion of such lands covered by tenancy, Inam, etc. A huge number of cases
were ordered by the Courts in favour of the declarants due to delay in filing
the counter by authorities, not furnishing the required documentary evidences
to the Courts.

1.5.5 From field experiences, it was noticed that there were many more
lacunae in the way land ceiling cases were handled. There were cases wherein
land could not be taken into possession due to non-receipt of the judgment

65
copies of the Hon’ble High Court/Supreme Court where cases were disposed
in favour of the government. This was entirely because of absence of proper
communication between the Government pleaders and the Land Reform
Tribunals/Authorized Officer and as surplus lands continued to be under the
possession of declarants. The Ceiling cases were shown as pending in various
Courts at Post Determination stage for many years without persuasion even
though certain cases were disposed by the Courts as there was no systematic
review done periodically with Gram Panchayats and Land Reform Tribunals at
district/state level.

1.6 Circumvention of Ceiling Laws

1.6.1 It is by now well recognized that there were some loopholes left in the
legislation which were exploited by the landlords to their own advantage and
to the disadvantage of the landless. It is suspected that these loopholes were
deliberately left int the legislation on account of the strong presence of the
representatives of the landed interests in the legislature. This process began
even when the legislation was on the drawing board stage.

1.6.2 For instance, in UP, there were provisions for allocation of land for
agriculture, homestead, and fishery under Ceiling Act. But the respondents
stated that allocation was only provided for cultivation. Then, Under the
Zamindari Abolition and Land Reforms Act, 1950, there was provision for
allocating 1.26 ha of cultivable land to the rural poor. Apart from that those
villagers who do not have land for home, have to be provided with 100-150
yards of land for homestead purpose. There is provision of allotting atleast 1.5
acre of land altogether.

1.6.3 Against this 22 % of the beneficiaries were allocated 0.5 acre of land,
26% were allotted 0.5-1 acre of land. In other words 48% were allotted only
one acre or less. The beneficiaries who received upto 2 acres of land
accounted for 33% and only 6% of the beneficiaries got more than 3 acres.
There is no provision in the Ceiling Act, which penalizes this irregularity and
discrepancy.

1.6.4 Analyzing the data obtained through lekhpal in UP, it was found that
with the connivance of Pradhan, false names were registered for allocation of
land and then transactions of land happened. Though, in appearance, one can
see distribution of ceiling land happening consistently, but the rate of
redistribution falls far behind the provisions. It also came to light, that there
are anomalies in the process of redistribution and benami transactions are
considerable.

1.6.5 In the case of procedure of handing over the patta for possession of
ceiling surplus land, the provision under the Act is that the lekhpal is
supposed to deliver the patta to the household in person. In the sample study,
it was found that the information about distribution of pattas was spread
through drumming in villages and pattas were distributed in Gram Sabhas. In
a sample study, it was found that 64% pattas were distributed in the Gram

66
Sabha, 25% of the pattas were obtained from the lekhpal after the Gram
Sabha and 11% of the pattas were obtained from Tehsil office. This delayed
the subsequent process of taking over the physical possession of the land by
the assignee.

1.6.6 In some States, a number of subterfuges were used to circumvent the

provisions of the ceiling laws including the instrumentality of forged or
‘benami’ transactions, by enhancing ceiling units to accommodate even minor
members of the family or buying back at throw-away prices or through
persuasion or forcible occupation of land under the pretext of ‘voluntary
surrender’ by the allottees or bribing the revenue ‘Karamchari’ or by
changing the land classification so as to increase the ceiling limit, etc. There
are instances where the husband and wife went to the extent of getting
divorced in order to escape the provisions of ceiling.

1.6.7 The Bihar Land Reforms Fixaion of the Ceiling Area and Acquisition of
the Surplus Land) Act, 1950 suffers two major infirmities- it has major
structural flaws and it has been implemented indifferently. The law and
manual of the Bihar Ceiling Law did not provide for any special mechanism for
investigating into such a complicated matter of clandestine and benami land
transfer. This was treated by the revenue officials as just another item of
revenue. Section 5 of the law, empowered the Collector, to annul any
transaction made after 22nd of October, 1959, if he was satisfied that such
transfer was made with the object of defeating the provisions of this act or for
retaining benami/farzi land in excess of the ceiling area. But in the absence of
any investigating machinery with the collector, it was difficult if not
impossible to find out such transactions. There is hardly any activity under
this section. Landowning classes in the state with the help of inaction of
government officials at the lowest level have flouted this section with
astounding audacity. The Committee notes that the disposal of ceiling cases
have not received the due priority and the cases have proceeded at a most
leisurely pace. The cases which were intiated in the mid seventies have
remained undisposed to this date. In many instances the cases are put up at
intervals of 4-6 months and have been often remanded by the superior courts
on most frivolous grounds. In sum and substance the sense of urgency has
been conspicuously missing.

1.6.8 The same incidence has been repeated in most other states. In Andhra
Pradesh the AP (Ceilings on Agricultural Landholdings) Act, 1961, gave major
concessions and exemptions to the landholders and therefore the amount of
land government could secure remained significantly below the potential.
Replacing this, the AP Land Reforms (Ceiling on Agricultural Landholdings)
Act, 1973 was instituted, this came to effect on 1.1.1975. In order to avoid
benami transactions, all transactions within 1971 to 1975 were declared null
and void.

1.6.9 Even after that, the large landholders in the state have avoided the
ceiling laws by partitioning their families in the land record while cultivating
the land jointly. Higher limits of ceiling are kept in view of ‘local’

67
considerations. A significant portion of the area declared as ceiling surplus is
either unfit for cultivation or not available for distribution due to
‘miscellaneous reasons’.

1.7 Instances of Rent Seeking Behaviour

1.7.1 In a study of ten villages of 5 districts of UP, 8% of the respondents

complained about benami transactions. 16% of the respondents complained
about discrimination at the level of Land Providing Committee at the village,
22% of the respondents confessed as to selling of the allotted land because of
pressure, which defeats the purpose of ceiling legislation. There were 41% of
the respondents who reported that for each allocation, Rs. 2500-5000 was
taken as bribe by the Pradhan or lekhpal, the amount varying on the quality of
land allocated. The respondents generally borrowed to pay this money and in
the event of not being able to make the land productive would move into
indebtness.

1.7.2 At the lowest level, the Circle Inspector and the revenue ‘Karamchari’
are the cutting edges but due to corruption, vested interest and fear of
retaliation from powerful landholders, the cutting edge has been really
blunted.

1.8 Problems with the Allocated Land

1.8.1 Ideally, given the chaotic situation of tenancy and ceiling situation, the
task of land allocation is only the beginning and not the end of responsibility
of the state. However, even here similar negligence and indifference at the
administrative level prevails. In the state of UP, the provision according to the
Act is to deliver the patta within two months of the allocation. In the study, it
was found that 90% of the pattas were obtained in single attempt, 7% were
obtained in two attempts and 3% of the pattas were obtained after 3-5
attempts. Then, 80% of the pattas were obtained within 3 months, 13% were
obtained within 3-5 months and 7% obtained within 6-12 months. This clearly
showed lackadaisical attitude in following the guidelines.

1.8.2 A major flaw noted by the Committee has been a large scale
classification of land allowed. This introduced wanton complexities into the
reporting of ceiling cases, determination of the ceiling limits and application
of law. It also created additional grounds on which the law could be
challenged before the courts of law. Such provisions enabled the landlords to
retain the best lands and only give the barren and unfertile lands to the
beneficiaries in substantial parts. As obtained from the sample study of UP,
12% of the beneficiaries were allotted saline lands, 19% of the beneficiaries
were allotted land in embankments, barren and uneven rocky plots of land. In
Sultanpur district, 33% of the beneficiaries were allotted submerged and
flooded lands. In Jhansi district, 51% of the beneficiaries were allotted land in
submerged areas.

68
1.8.3 In the select 10 villages, 36% of the land demarcated was from land in
possession of others, 10% of the pattadars did not get physical possession
because of land being under possession of others, 6% of the total allotted land
is yet to be physically possessed by the rightful beneficiary. The sample study
also recorded that 63% of the respondents complained of experiencing
difficulties in sustaining cultivation because of high costs of irrigation, no aid
in financing power for irrigation tube wells. There were 58% of the
respondents complained of not having access to seeds, manure. A good
number of ceiling surplus land beneficiaries have complained that the land
allotted to them required heavy investments and have either remained
untutilised or have constituted a strain on their finances.

1.8.4 It is clear, that there is a wide gulf between the provisions and
implementation at the level of tehsil and village level. The corruption basically
comprised delaying delivering of patta, demarcating land not viable for
cultivation, etc. And the rate of compliance of the rules of distribution is in
decreasing order as the process of distribution moves ahead. In spite of all
these anomalies and glaring shortfalls, the little amount of land which has
been distributed and has been properly cultivated has made significant
difference to the lives of the beneficiaries.

1.9 Findings from the Field Relating to Land Ceiling Legislation

1.9.1 Despite lack of reliable data due to poor maintenance of records, the
field findings from the States indicate the following underlying weaknesses
and problems inherent in ceiling legislation:

i. There continued to be significant variations in ceiling limits and holding

size. States such as Bihar, Andhra Pradesh, Gujarat, Karnataka and
Kerala varied ceiling limits according to agricultural and climatic
conditions. For instance dry land States such as Rajasthan justified
higher ceiling limits on the basis of their climatic conditions and the lack
of agriculturally productive lands.
ii. Often large holdings are apportioned into smaller parts to their legal heirs,
so as to hold onto family lands well beyond the ceiling limit. Ceiling Acts
did not provide for the prohibition of transfers. In anticipation of ceiling
laws, big landowners forged fictitious transfers. Gujarat and West
Bengal are the only states which gave these acts retrospective effects.
Other states banned transfer only after enforcement of the ceiling laws
or much later from the date of notification as in the case of the Mysore
Act.
iii. Any un-irrigated land becoming irrigated through private irrigation after
ceiling laws came into effect was not treated as irrigated to determine
the ceiling area. Only land irrigated by State irrigation work was treated
as irrigated. This classification was inadequate and still allowed large
landowners to hold onto privately irrigated land beyond the ceiling limit.
iv. Religious trusts hold a large chunk of used and unused land which has
been allotted to them under exemptions from the State. Under Land
Ceiling Acts exemptions have been given to lands held by these trusts

69
and institutions. By changing their classification, a huge number of
exemptions were granted, making ceiling legislation ineffective. In a
recent decision by the Chhattisgarh government, thousands of acres of
land, exempted from the ceiling limit, were allotted to religious trusts.
v. Land claims are stuck in litigation. These cases pending with revenue and
other courts remain with the original owners and prevent allottees from
cultivating the land.
vi. In the case of Himachal Pradesh, it was observed that the gram panchayat
was not involved in the case of land revenue maintenance. The
commission observed that the involvement of gram panchayat was
necessary so that land ceilings are effectively enforced and monitored.
vii. In the case of Karnataka, it was observed that in select districts of the
state, viz Chitradurga, Chamarajanagar and Uttara Kannada districts
surplus land could not be distributed. The record was abysmally low.
The revenue department staff was of the opinion that it is important to
restore Land tribunals and settle the cases. At all the levels a general
comment was made by the officials that the Revenue department is
utilized by all the departments to post compassionate ground
candidates. In the process no candidate is able to handle and with no
serious capacity building efforts, work gets staggered.
viii. In the case of Orissa, it was found that in some of the study villages, sev-
eral families have got ceiling surplus land, but the land is allocated at a
distance of 5 kms. As a result, the previous owners from whom land was
acquired are taking advantage of situation and cultivating the land. The
tribal families are also afraid of the previous owners as the land is lo-
cated in proximity to their villages. These procedural trappings are to be
tightened with adequate overhauling of the state ceiling laws.
ix. Some of the state governments kept surplus lands, keeping it fallow and
unused long after ceiling acts had been enacted.
x. The lands allotted were uncultivable or non-operational. The financial
assistance required for transforming the land into cultivable was never
made available.
xi. In the state of UP, however with all its lapses, the distributed land studied
in 10 select villages, showed qualitative and quantitative change in
production due to land allocation, the study found that every allottee
was earning Rs 12000 per year purely from land. Out of which 57% of
the income was from allotted land and 43% was from previously owned
land. Before allocation an average of 84 days of employment was
available for the rural poor and after allocation the average employment
was of 181 days.
xii. Qualitatively, with access to land there was enhancement in social
prestige, self-confidence, access to health care, education. This varied
across the sample districts. 44% of the respondents confessed of having
greater access to fodder, 40% of them now have pucca homestead. 32%
of them have now access to health care facilities. 40% of the
beneficiaries have been able to send their children to school.

Recommendations

70
(i) Ceiling limits must be re-fixed and implemented with retrospective
effect. The new limit should be 5-10 acres in the case of irrigated land
and 10-15 acres for non-irrigated land, to be decided by the concerned
state governments. 10
(ii) Absentee landlords or non-resident landowners should have lower level
of ceiling.
(iii) Introduction of Card Indexing System for preventing fictitious transfers
in benami names. This card should be related to allottee's Voted I/D
Card or PAN.
(iv) Discontinue exemptions granted to religious, educational, charitable and
industrial organizations under ceiling laws of various states. Each entity
should have the same ceiling as a family, even though state may exempt
any particular category on valid grounds.
(v) Mutts, religious establishments including temples, Church, etc which
have been existing since 1950 would be allowed one unit of 15 acres. A
temple having numerous deities will also have only one ceiling as one
religious entity. A temple will be considered as a single unit and if there
was a cluster of temples with the same campus they would also come
under the same unit.
(vi) For Research Organisations, Agricultural Universities/Colleges and
similar types of institutions including proposed industrial and
commercial units, in the future the government would have the power to
allow more than one unit of ceiling to fulfill strictly the objectives for
which these institutions/ organisations would be set up. It has to be
done on a customized case-to-case basis. The organisation/entity will
enter into an actionable agreement with the government that in case,
they fail to fulfill the utilization of land as agreed upon such lands will be
resumed by the government.
(vii) The general exemption that has been given for plantation, orchard,
mango/litchi groves, fisheries and other special categories of land use
should be done away with.
(viii) Set up Land Tribunals or Fast Track Courts under Article 323-B of the
Constitution for expeditious disposal of appeal cases.
(ix) Impose criminal sanction on the failure to furnish declaration of ceiling
surplus land by land holders.
(x) Specifically in the case of Land Ceilings where the cases have been
decided basing on fraud and misrepresentation of facts, which are at
Primary Tribunal stage. In cases where the Courts have already passed
orders in Appeal or Revision, action may be taken to file Review
Petition.
(xi) Penal provision for non-submission of returns for ceiling surplus
holdings should be strict and rigorous. A penal clause inserted within
existing ceiling laws should make officers accountable and responsible
for intentional lapses.

10
Report of the Sub Committee on Land, Planning Commission (2006),Report of the Expert Group on Prevention of Alienation of
Tribal Land and its Restoration , Ministry of Rural Development (2006),Report of the PESA Enquiry Committee, Ministry of
Panchayati Raj(2006),Report of the Governor’s Committee, GOI (2005)

71
(xii) The Divisional officers cum Tribunal Officers should dispose off the
cases within the stipulated period. As and when the cases are disposed
by the superior courts, the tribunal officer should take immediate action
to ensure surrender of excess land by the declarants.
(xiii) The District Magistrate or Deputy Commissioner should be empowered
to speed up allotment of surplus land. Civil Court jurisdiction must be
barred in respect of agricultural land. Any decree or order passed by
any court should be treated as null.
(xiv) No decree or order to evict an allottee to be executed unless it is
approved by the Board of Revenue or by the High Court.
(xv) The Benami Transactions (Prohibition of the Right to Recover Property
Act) of 1989 should be amended so that evasion of ceiling laws through
fraudulent land transactions can be monitored.
(xvi) Cases of illegal or improper allotments of ceiling surplus land to be
investigated and allotments to be cancelled. All transactions after
commencement of Ceiling Law to be declared null and void.
(xvii) Identify cases of non-physical possession of allotted lands and cases
where pattas have not been issued to owners or those cases which are
still under litigation.
(xviii) Distribution of all ceiling surplus land should be in the name of both
husband and wife, on a joint basis, as that would help control benami
land. Land ceiling laws should ensure gender equity.
(xix) While making allotment of ceiling surplus land to the landless poor
persons, the definition of landless poor person shall be taken as one who
owns no land. In case such person is not available in the village, a
person who owns a land of not more than 1 acre of wet land or 2 acres
of dry land be treated as a Landless Poor person.
(xx) In order to bring newly irrigated lands under the purview of Ceiling
laws, these lands should be reclassified in consultation with the Revenue
Department and Gram Sabhas.
(xxi) A group should be set up, composed of Gram Sabha members and
revenue functionaries who identify benami and farzi transactions.
(xxii) The allotment of ceiling surplus land to the landless poor shall be done
free of cost as in the case of assignment of Government lands.
(xxiii) With computerization of land records, separate files should be opened in
respect of actual and suspected evaders of ceiling law, so that their
lands held in different districts could be consolidated in one file, for the
purpose of imposition of one ceiling unit.
(xxiv) Land ceiling should take in to account the local environment such as
reserved areas where indigenous people are residing.
(xxv) Huge amount of government lands have been encroached by politically
and economically powerful players for which there is no reasonable
estimate. State governments must be advised to undertake an
assessment of this on a fast track basis.
(xxvi) Substantial amounts of lands were acquired for industrial and non-
agricultural purposes however, field visits indicate that substantial
amounts have not been utilised till date. Such lands must be reclaimed
without delay and distributed back to the marginalized and the needy
according to a priority basis.

72
(xxvii) For addressing problems relating to land, single windows
approach to be provided by the administration.
(xxviii) Restrictions on land leasing within ceiling limits should be
removed to help improving poor people’s access to land through lease
market and also for improved utilization of available land, labour and
capital. However, there should be legal safeguards in the lease
contracts that would protect the small and marginal farmers, and a clear
recording of all leases, including share cropping.

1.10 Wasteland: A Broad Category and a Skewed Definition

1.10.1 On the eve of independence, state owned vast tracts of land, to

which were added large areas of uncultivated wastelands taken over during
abolition of intermediaries from thousands of villages which were controlled
by them. By definition, they are termed as ‘lands which are degraded and
cannot fulfill their life-sustaining potential. And wastelands can result from
inherent/imposed disabilities such as location, environment, chemical and
physical properties of the soil or financial or management constraints’. 11

1.10.2 The definition of wasteland has beenn problematic so far. The

government website mentions that, given certain investment, it is possible
that degraded lands can be reclaimed for productive use. This definition only
implies that wastelands constitute those lands which are either not cultivated
or are difficult to cultivate. Wastelands, therefore do not mean that they are
unproductive. It is only a technical concept that suggests that these lands do
not have life-sustaining potential but studies show that waste lands comprise
various categories and some categories are useful for cultivation as well.

1.10.3 Currently, the total area of wastelands is estimated to be 63.85

million hectares which is 20.17% of the total geographical area. Out of this
total wastelands 30% fall under the category of ‘land with or without scrub’,
(this is 1,94,014.29 hectares). Another, 22% (1,40,652 ha) of the total
wastelands fall under the category of under utilised/degraded notified forest
land. Sands/inland and coastal area constitute 7.8% (50,021 ha) of the total
wasteland area. Waterlogged and marshy lands constitute 2.5% (16,568 ha) of
the total wasteland. Degraded pastures and grazing land constitute 4.08%
(25,979 ha) of the total wastelands. These kinds of wastelands are not for
cultivation but they do support a substantial rural and forest population
serving them in a number of other ways. As no recognition of these
wastelands are to be seen in the definition of the government, there have been
hardly any surveys which can assess the economic significance of these
wastelands in sustaining rural and forest population.

1.10.4 As the government had the proprietary rights over these

‘wastelands’, after independence under the agenda of land reforms,
government began to concentrate on trying to bring these lands under
vegetation cover by changing the physical and inherent characteristics of
these wastelands. Till March 2002, 5.97 million hectares of wastelands have
11
[Link]

73
been distributed to the landless poor households. The distribution of
government wastelands was most vigorously implemented in the state of
Andhra Pradesh which has a very high percentage of landless labourers. The
state has distributed 1.7 million hectares of government wasteland, while UP
has distributed 1 million hectare of wasteland and the states of Gujarat,
Karnataka and Bihar each account for 9 percent or more of the land
distributed nationally.12

1.11 Major Issues Relating to Wastelands

1.11.1 There has not been much opposition to the redistributive

programmes of wastelands from the landed elite because it has been found
that, in practice, these wastelands are also under encroachment, which need
to be cleared before the intended beneficiaries can take possession of the
distributed holding.

1.11.2 Encroachments: The process of encroachment of wastelands is

as old as land grabbing before enactment of ceiling legislations. At the time of
the abolition of the intermediary interests it was presumed that the corpus of
wastelands acquired from the Zamindars would be used to provide access to
land to the landless as it had been enjoined under the goal of ‘land to the
tillers’. While a part of this corpus was certainly used to provide land to the
landless, it has not always been the case and such land have been treated a
property of the government to be disposed of in manner that suited its
convenience for an assortment of purposes. There are instances where the
government auctioned the lands to the highest bidder instead of distributing it
to agriculture workers. One of the recent examples is of Tamil Nadu.

1.11.3 In 2003, the government of Tamil Nadu started a Comprehensive

Wasteland Development Programme. A major component of the programme
was the development of about 2 million hectares of government wasteland by
involving the corporate sector, small companies and co-operatives. The
programme involved 30 year leases to the corporate houses for which a
“normative” ceiling of 1000 acres has been fixed. The wasteland would be
developed for orchards, medicinal and aromatic plants, horticulture and other
types of commercial agriculture for commercial purposes by the companies
who have forward linkages with market and storage facilities, etc. However,
there has been no clear definition as to the kind of wastelands to be
developed. In one government order, it was supposed to cover only cultivable
wastes and fallows leaving out pasture lands but on ground, grazing lands
have also been included. It has been found that the government order under
consideration is at variance with the Tamil Nadu Land Reforms Act, the Land
Ceiling Act as well as the Panchayati Raj Act. This step of the state
government, it is alleged, is also prejudicial to the employment and livelihood
interests of the poor.13

12
Ministry of Rural Development, Annual Report, 2002-03
13
Frontline, March, 1-14, 2003.

74
1.11.4 In Andhra Pradesh, there are huge extents of Lanka lands situated
in the upper and down stream of Godavari and Krishna River Basins. The
existence of these Lanka lands change from time to time. These are formed
due to erosion of the rivers. The permanent and semi-permanent lands are
classified as A & B Class Lankas and are situated mostly in East and West
Godavari districts. The lands in Krishna district are classified as C class
Lankas, temporary in nature. The beneficiaries of these lands are not granted
D form pattas but are granted Eksal lease. The experience from Krishna
district is that the structures of these lands frequently change due to floods,
accretion happens sometimes and some Lanka lands disappear. Eksal lease of
these lands are usually given to the Societies of weaker sections instead of
individual leases. No water tax is levied on these lands, but Lanka Land
Rentals (LLR) is fixed and collected from Societies. The SC Corporation is
granting loans to the Societies for development of Lanka Lands and also for
sanction of bore wells.

1.11.5 Previously, when there was the VAO system, checking and
registering of encroachments on these lands was regularly done which has
now faltered. Most of the Societies are either defunct now or are being
managed by big landlords. They are not paying LRR regularly. It is also
noticed that some Societies are alienating these Lanka lands to third parties
who are obviously private procurers. 14

1.11.6 During the 1970s and 80s, under the insistence from government
of India, millions of acres of government wastelands were transferred to forest
department for social forestry schemes. Since most officials of the forest
departments would find it more beneficial to plant saplings on the land
developed and cultivated by agricultural labourers rather than undeveloped,
undulating lands far off, poor peasants and agricultural labourers came to be
seen as encroachers. This was because land designated as forest could be
taken away without the approval of Central Government. Hence, it posed a
hurdle to the cultivators.

1.11.7 In 1980, the National Forest Policy, 1988 observed the increasing
trend in encroachments on forest lands and stated that these should not be
regularized. A Supreme Court judgment of April 11, 2001, ([Link]. 202/95)
further elaborated the management of government forest lands where the
onus of regularizing the forest villages and other encroachments into revenue
villages was placed entirely on the state government. The government of India
has not allowed any encroachment after 23.11.2001 as the SC imposed a ban
on that date. Given such a blanket ban, encroachment under its broad net
dismissed all traditional land and forest rights which were enjoyed mostly by
the tribal population of some of the states. This structural procedure against
encroachment has hit mostly the tribal population of these districts hard, as in
most cases the eligibility criteria laid down by the Forest Conservation Act of
1980 have not been adhered to.15

14
Land Committee Report, The Government of Andhra Pradesh, 2006
15
Dr. C. Ashokvardhan, Readings in Land Reform pp.33-60.

75
Bhoodan Lands

1.12Background

1.12.1 The control and ownership of land determines the institution of class.
Hence, the intervention of Bhoodan did not initiate anything new, but rather
maintained and sustained the existing social fabric. Empirical research
conducted independently showed during the movement, that in Vidarbha
region, 14 percent of the land records had errors to the benefit of the donors.
24 percent of the land pledged had never been effectively turned into
Bhoodan. The number of Gramdan argued to be 160,000 in the region was
actually pledges of village gifts and had not been implemented or registered
under the state of law. When Jay Prakash Narayan took up intensive
development work in the Musahar district of Bihar, he found that none of the
requirements of Gramdan pledges were fulfilled.16

1.12.2 The land donated was mostly of poor quality which was found
unprofitable to retain even by the most generous donors. Also, as in
Rajasthan villages pledged reverted to the original owners because of no
claimers or litigation. In Orissa, there were instances of no proper
registration of the allotted land especially in tribal areas, resulting in
reverting of land to donors. In Bihar, large tracts of donated lands were
forest lands.

1.13 Current Status of Bhoodan Lands

1.13.1 The last comprehensive information for the country as a whole was
presented at the Revenue Ministers’ Conference in 1992. The data which
were presented at this meeting were obtained by the Ministry of Rural
Development from the Sarva Seva Sangh. According to this source, currently,
45.90 lakh acres was donated till date all over India and 23.23 lakh acres was
distributed. Area fit for cultivation out of the distributed area was 11.01 lakh
acres and area unfit for distribution was 18.07 lakh acres.

1.14 Major Issues Relating tyo Bhoodan Lands

1.14.1 Notwithstanding all the anomalies, Bihar happened to be the

state where the movement was institutionalized and government bodies were
created to administer it. The government of Bihar in 1954 had instituted the
Bihar Bhoodan Act, 1954, and the Bihar Land Reforms Commission which was
formed under the aegis of the Act presented its interim report on June 04,
2007, which took stock of the anomalies in the Bhoodan form of land
redistribution in consultation with the Bihar Bhoodan Yagna Committee. The
basic problems which were identified are briefly presented below.

1.14.2 The land so far donated and recorded was 6, 48,476 acres, out of
which 2,55,347 acres had been distributed to 3,15,454 families. About
2,78,320 acres of land were found not suitable for distribution. However,
16
Jaya Prakash Narayan, Face to Face (Varanasi: Navachetna Prakashan, 1970 )

76
there was no authentic verification of this areas declared unsuitable and there
is room for proper investigation. And resources for authentic services should
be provided by the government. Still an area of 1,14,708 acres found suitable
for distribution but not yet distributed.

1.14.3 There is need for effective administrative structure for the

management of Bhoodan lands. The Land Reforms Commissioner could
decide on the redeployment of his staff for this purpose. The primary objective
of this campaign would be to reconcile the figures relating to the Bhoodan
lands maintained by both the offices.

1.14.4 There are instances like the one in Rohtas district where the average
area distributed per family was 7.8 acres, about 11,131 acres distributed to
some institutions whose authentically is not clear and keeping another 15,000
acres yet to be distributed. There are also discrepancies between the records
maintained by the Revenue Department and the Bhoodan Yagna Committee
on the extent of acquisition and distribution of Bhoodan land. All these
suggest the need for proper verification.

1.15 Findings from the Field

1.15.1 Fortunately, the query sheet with regard to Bhoodan lands, sent to
the state department of Bihar was responded to. From the responses
obtained, the following points could be taken as a major task demanding
attention:

i. The Bhoodan Yagna Committee has been constituted by the Government

by a notification and the Act does not spell out as to who will be the
members of the Committee. Thus the selection of members of the
Bhoodan Yagna Committee is within the discretion of the government
and the experience has been that often undeserving persons are
appointed. . This loose end has to be tied up and a clear composition of
the Committee should be notified which would involve experts, locals,
members of civil societies who are engaged in the movement and
government officials with experience.
ii. The jurisdiction and activity of the Committee begins when someone
voluntarily donates land which is then vested with the Committee.
However, the verification and confirmation of the donated land comes
from the Revenue authorities. This again allows enough space for
manipulation. Therefore, the Committee has to undertake all the tasks
involved by itself. It has to physically survey the land donated, confirm
the same, oversee the whole process of making the new pattas, hand it
over to the selected assignees and effect the delivery of possession in its
immediatel presence. This requires that the members of the Committee
may comprise people who are skilled in revenue functions. It is further
suggested that the work staff of the Committee should be increased as
per the requiementes from its current 112. This is likely to reduce the
burden of the revenue officials who can use the time for other pressing
purposes.

77
iii. The Committee has remained understaffed and relied on the revenue
authorities for verification with the result that such revenue officials
have connived to report that the land is not fit for cultivation. In some
other instances the Khatas the superior quality land have been allowed
to be substituted with the inferior lands.

Recommendations

1. There should be a time-frame for the completion of the remaining task.

Adequate resources to be given to the Bhoodan Yagna Committee as
Grant-in-Aid for recruiting Amins/Surveyors from the open market on
the contract for 2 years. The number of Amin/Surveyor to be recruited
will be worked out jointly by the Chairman of the Committee and the
Land Reforms Commissioner.
2. For the payment of remuneration to be paid to the Deputy Collectors to
be appointed on contract, the money to be placed on the disposal of
Divisional Commissioners. The number of Deputy Collectors to be
recruited would be around 38 (number of districts + 10 percent).
3. The Land Reforms Commissioner should be directly responsible for
completing this campaign within the time frame indicated above. He
should be in constant consultation with the Chairman of the Committee
to ensure smooth and proper implementation of the scheme. Now, that
the program of total verification of all the problematic issues related to
Bhoodan would be undertaken, this point of ensuring possession to the
grantees should be given appropriate priority, thereby, eliminating one
of the causes of rural friction and possible unrest.
4. Specially appointed Deputy Collectors should initiate ejectment
proceedings against ineligible persons under Section 21of the B.B.Y. Act
1954. In case, they come up against any insuperable legal hurdle, the
matter of repeal of Subsection (3) of Sec 15 may jointly be examined by
the Committee and the Revenue Department for appropriate remedial
action.

1.16 Women and Land Rights

1.16.1 In spite of formal equality with men under the law, Indian women
continue to face wide-ranging disadvantages, whether it is in terms of
property rights, workforce participation, educational opportunities, access to
health care or political representation. India has some of the worst indicators
of gender inequality in the world, including a very low female-male ratio, a
major gender bias in literacy rates, and a low share of women in the labour
force. Gender related development indicators such as maternal mortality rates
and sex-selective abortion have thrown a poor light on the predicament of
Indian women.

1.16.2 The situation is much more severe when the situation of women is
assessed in terms of land rights. In the past, the focus of creating new land
institutions has been to promote equity and growth between households, with
land ownership and management continuing to vest in the males, reflecting

78
gendered control of land and assets in most parts of India. Hardly any
attention had been paid to legal and other institutional impediments in the
acquisition of land through inheritance allotment, tenancy or other means by
women who continue to be assetless, although a very large proportion of rural
female workers are cultivators, and a significant proportion of farming
households are headed by women, due to male migration, death, desertion or
other reasons. In such cases, absence of secure titles could impede incentive,
investment or access to inputs and credit.17

1.17 Recent Developments

1.17.1 This gender gap has important implications for equity,

participatory development and even growth and efficiency. The obstacles to
women’s access to land through succession in ownership and tenancy or
acquisition through land ceiling and redistribution have been extensively
highlighted by Agarwal (1994), and also in official documents (Working Group
1996; Tenth Five Year Plan, para.3.2).

1.17.2 Many of the States have responded by taking measures to improve

women’s access to land and landed property. States like Karnataka, Tamil
Nadu and Andhra Pradesh have amended the Hindu Succession Act, 1956 to
formalize questions related to women’s right to property including land. A
number of others have made specific gender-sensitive provisions in their land
laws. Some, like Rajasthan and Madhya Pradesh have, in accordance with
long-standing policy of non-interference with personal laws, provided that
issues related to property, including landed property, would be dealt with in
accordance with appropriate personal laws. Recently, the Hindu Succession
(Amendment) Bill, 2004, which seeks to remove the discrimination contained
in Section 6 of the Hindu Succession Act 1956 by giving equal rights to
daughters in the ‘Hindu Mitakshara Coparcenary property’ as sons, has been
passed in the Parliament.

1.18 Persistent Problems

1.18.1 However, serious anomalies continue to persist. A number of

States like U.P, Haryana, J&K, Delhi and Punjab are apparently yet to take
adequate steps to provide Constitutional/legal safeguards to women, with
request to their access to land. In these states, the succession rules relating to
agricultural land are different from personal laws affecting the devolution of
all other property. Land devolves on male lineal descendants and the widow
and daughters inherit only in the absence of these male heirs. In some other
states, such as Bihar and Orissa the tenancy laws prescribe that occupancy
rights will devolve in the same manner as other immovable property, subject
to any custom to the contrary.

1.18.2 In the matter of giving women a permanent stake in land

distributed through government programmes, the Sixth Plan (1980-85)

17
Bina Agarwal, A Field of One’s Own: Gender and Land Rights in South Asia, Cambridge: Cambridge University
Press, 1994

79
recommended that States give joint titles to husband and wife in transfer of
assets like land and house sites through government programmes. This was
formalized as a policy directive in 1985 in the Conference of Revenue
Ministers. The National Perspective Plan for Women (1998-2000) has further
recommended that the allotment of Government Wastelands, government land
and ceiling surplus lands, village common land, developed house sites, and
allotment of tenements should invariably be done in the name of women or
joint names of the husband and wife. It has further recommended that the
rights of women, as co-owners of property, should not merely be confined to
land but also to other associated with any group set up to advice the
implementation of machinery. Recommendations for the issue of joint pattas
are being implemented by several states including Andhra Pradesh, Assam,
Bihar, Gujarat, Maharashtra, Goa, Daman & Diu, Tripura, Tamil Nadu and
Madhya Pradesh. As Agarwal (2003) has pointed out, the impact of single
titles to women is likely to be larger but pragmatic considerations have
prevented this from happening. The effectiveness and impact of the existing
transfers (joint or single) are still to be analyzed. 18

1.19 Findings from the Field

1.19.1 The Committee during the public hearings as well as interviews

with different officials found that this issue did not attract enough attention on
its own but appeared as a subsection along with other issues such as ceiling,
tenancies, rehabilitation. Thus, awareness regarding existing measures is
seriously lacking, and only on rare occasions translates into implementation.

1.19.2. Government initiatives, to address these wide-ranging

disadvantages women face, have not gone very far. Even the National Rural
Employment Guarantee Act (NREGA), which is a potential source of
empowerment for women (in so far as it gives them independent income
earning opportunities and equal entitlements vis-a-vis men), is yet to
overcome traditional patterns of gender inequality and female subordination.
The economic and social disadvantages of women in Indian society reflect a
whole gamut of patriarchal norms and practices such as patrilineal
inheritance, patrilocal residence, the gender division of labour, the gender
segregation of public spaces, and the discouragement of widow remarriage.

1.19.3 There is a common perception that the position of women in India

has improved significantly in last few years due to affirmative action taken on
behalf of the state. However, out of 136 countries for which data exist, India’s
Gender Development Index rank is 96 (UNDP Human Development Report
2006). The Human Development Report 2006 in a statistical appendix entitled
Gender Empowerment Measures shows that women workers in India on
average get only 31 % of the wages of the men. This figure might not convey
any meaning unless it is pointed out that there are only 5 countries behind
India out of 171, that is to say, Pakistan (29 %), Sudan (25%), Swaziland (29
%), Tunisia (28 %) and Saudi Arabia (15 %).19

18
Ravi S Srivastav, 2008
19
Planning Commission Report, 2008, Development Challenges in Extremist Affected Areas

80
1.19.4 Even simple demographic indicators bring out the exceptionally
low status of women in Indian society. For instance, the female-male ratio in
the population (0.93 at the time of the 2001 Census) is among the lowest in
the world. This reflects persistent discrimination against girls starting from
early childhood, even in matters of basic nutrition and health care. For
instance, they have lower rates of economic participation, lower literacy rates,
low shares of earned income and abysmally low share in positions of power
and influence in public life. In matters of basic education, health and nutrition,
Indian girls and women fare very poorly again.

1.19.5 In most of the states, including those showing advanced rates of

growth have not implemented the recommendation of issuing joint pattas.
Pattas are generally on the name of the adult male. The Commission also
found the same in its field findings. In the state of Himachal Pradesh, the H.P
Tenancy and Land Reforms Act 1972 was enacted w.e.f 21 February, 1974. In
this Act, protection has been provided to certain categories i.e minors or
unmarried women or divorced or separated from husband or widow or serving
members of the Armed forces. The Act also prohibits transfer of land in favour
of non-agriculturist. However, it does not provide for joint pattas. Married
women would still have their pattas in the names of their spouse.

1.19.6 Even states like West Bengal, where considerable land reforms
have taken place, they are yet to address this issue. In most cases, the male
head of household is considered to be the Bargadar and only his name is
entered into the record-of-rights, though women undertake more agricultural
activities than the male head.

1.20 Analysis of the Major Issues

1.20.1 Need of Greater Gender Sensitisation in the Land

Acquisition Act (Amendment Bill), 2008: The Principal Act of the Bill in its
clause of 45 (3) needs to improve in respect to its gender susceptibilities.
Under this clause, if there is no one found to serve notice of the acquisition,
then it would be made only in the name of an adult male. If no male member is
found then, the copy of the notice might be pinned on the outer door of the
house and would be deemed as served. The Committee suggest that this
anomaly should be addressed both in the Bill under consideration and in the
the Resettlement and Rehabilitation Policy and Bill 2007.

1.20.2 Gender Related Anomalies in the Resettlement & Rehabilitation

Bill, 2007: The gender bias in the earlier resettlement/rehabilitation
policies/efforts emerged primarily from the conception of “family” used as the
unit for providing benefits. The definition did not recognize every unmarried
adult daughter as an independent unit deserving separate rehabilitation. It
also created other difficulties. If there was no distribution of land from the
father to the adult sons or even the land was so divided but not mutated in
their individual names and incorporated as a separate khata in the land
records, the adult sons were also clubbed in the family of the father as a unit

81
of rehabilitation and resettlement. This ended up doing great injustice,
particularly to the tribes where no formal distribution of land within the family
usually takes place as long as the father is alive even though separate parcels
are cultivated by the adult sons as per their customary share. In respect to
other communities, land, even when formally distributed remains pending for
mutation due to inaction of the local revenue authorities. In both cases, the
definition of “family” that was adopted for rehabilitation and resettlement
created enormous frictions within the family since only one adult son was
entitled to benefits.

1.20.3 While the NRR Policy (2003) itself recognized adult members as a
separate family, it was nonetheless gender insensitive limiting the conception
of “family” to those headed by an adult male member. The Resettlement &
Rehabilitation Bill (2007) does not recognise unmarried adult sisters and
daughters as separate families unlike their male counterparts. They have been
considered as a part of the household headed by the brother and father. They
fail to get a share in the family property. They stand deprived of the
employment and other benefits to which a separate family is otherwise
entitled.

1.20.4 Anoter omission that has emerged during the deliberations of the
Committee relates to the need to create a safety net in respect to the women
headed households. This is particularly harsh as the number of widows,
deserted women and unmarried women is sizeable. They suffer multiple
indignities due to their social and economic dependence on the larger family
headed by a male member. Their difficulties would aggravate in the
resettlement arrangement. This gives rise to a need to capture such
households in the revised in the Resettlement and Rehabilitation Bill.

1.20.5 The need to address the concerns of women among the displaced
persons can never be underscored and specific affirmative action reuired to
be incorporated in either of the documents. At present the women are
represented on the Rehabilitation and Resettlement Committee which under
the aforementioned framework appears inadequate.

1.20.6 The major concerns of women include access to productive assets,

income generating opportunities, common property resources for fuelwood
and fodder, drinking water and sanitation facilities. They also need physical
protection in the new location where social networks and community support
would be lacking. Women also require effective measures to counteract
discrimination in the labour market both in terms of work and wages and in
the credit market for accessing credit. Their distinct needs are not reflected in
the provisions because neither the baseline survey and census collect such
information nor the draft rehabilitation nor resettlement scheme or plan
incorporates specific measures for them. The provision concerning survey and
draft plan has not been able to recognize them as a distinct social category
whose concerns and interests deserve to be looked into independent of the
overall considerations of the family {Para 6.4 and [Link] of the Policy Clause
21 (2) and 23 (3) of the Bill}.With no gender specific information collected, it

82
is no surprise that the plan for rehabilitation and resettlement makes them
virtually invisible. 20

1.20.7 The Committee has taken a note of the fact that both the Bills
namely the Land Acquisition (Amendment) Bill and the Resettlement and
Rehabilitation Bill were presented before the Parliament which were referred
to a Select Committee. This Select Committee of the Parliament has returned
the Bills to the Department of Land Resources with a set of recommendations.
The Committee takes this opportunity to make the following recommendations
to be considered by the Ministry along with those made by the Select
Committee. Some of these recommendations may be either overlapping or
contradictory to those made by the Select Committee. It is expected that
these recommendations will be considered along with those made by the
Select Committee.21

Recommendations

(i) The provision of joint ownership must be legally mandated in every state
of India. 21
(ii) Policies of affirmative action in favour of women through appropriate
incentives from the Central government must be expedited.
(iii) Clause 45 (3) of the Land Acquisition Act needs a revisit. The guiding
principle should be that any member above the age of 18 should be held
as able recipient of the service of notice.
(iv) All compensation should follow the principle of gender equity.
(v) Family headed by women, or single women must be recognized within
the expression of ‘affected persons’ in the Land Acquisition Bill
(Amendment) 2007. In accordance, with the assessment of their
livelihood, a package of rehabilitation should be installed until joint
pattas or women pattas procedures are officially accomplished.
(vi) In the event of resettlement in a new location, appropriate protection
and aid must be provided to women so that they can safely relocate
their lives and occupation.
(vii) Institutional credit should also be made available by way of medium or
long-term loans for group investment and farming activities. Poor dalit
women should be especially assisted to purchase or lease in land in
groups through targeted schemes.
(viii) The group approach need not be limited only to raising crops, but could
also be extended to other activities such as fish production. There are
success stories where NGOs have helped tribal women lease land from
the government on 10-year leases for fish ponds. Long-term leases (99
year) should be given to ensure sustainability and continuity of
livelihood related activities.
20
K B Saxena. Resettlement & Rehabilitation, Policy and Bill, 2007
21
Report of the Sub Committee on Land, Planning Commission (2006),Report of the Expert Group on Prevention of Alienation of
Tribal Land and its Restoration , Ministry of Rural Development (2006),Report of the PESA Enquiry Committee, Ministry of
Panchayati Raj(2006),Report of the Governor’s Committee, GOI (2005)

83
(ix) In farmer’s cooperatives and other related institutions, there should be
special provisions and rates for poor women farmers, who purchase
production inputs and undertake marketing as a group rather than as
individuals. There is need to encourage them to reorganize investment
in lumpy inputs such as irrigation on a group basis, by providing special
credit incentives for joint purchases.
(x) When regularizing the homesteads of families occupying irregular and
insecure homesteads, they should be in the names of both spouses and
single women.
(xi) All new homestead land distributed to landless families should be only in
women’s name. Where more than one adult woman (say widows, elderly
women etc. is a part of the household, the names of all female adults
should be registered.
(xii) Create separate shelters for homeless women and children.
(xiii) Promulgate laws that protect women’s rights to adequate housing and
land, for instance, introduce Government Orders mandating joint
registration and joint titles for marital property in the names of men and
women, and registration of women’s property in the names of single
women.

1.21 The Scheduled Tribes and Others Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006

1.21.1 Forest Rights Act (FRA), 2006: To get a clear understanding

on the rights of the Scheduled Tribes and other traditional forest dwellers, it
is imperative to trace the background situation under which the FRA came
into being. Also, some significant issues of the FRA will be critically analysed
in the forthcoming section.

1.21.2 National Forest Policy, 1952: On 3rd August 1865, the British
rulers, on the basis of the report of the then Superintendents of Forests in
Burma, issued a memorandum providing guidelines restricting the rights of
forest dwellers to conserve the forests. This was further modified in 1894,
stating that “…..the sole object with which State forests are administered is
the public benefit………”. Even the National Forest Policy (1952) prescribed
that the claims of communities near forests should not override the national
interests, that in no event can the forest dwellers use forest resources at the
cost of wider national interests, and that relinquishment of forest land for
agriculture should be permitted only in very exceptional and essential cases.
To ensure the balanced use of land, a detailed land capability survey was
suggested. The tribal communities were to be weaned away from shifting
cultivation.

1.21.3 Indian Forest Act, 1927: The IFA was enacted to assert state
proprietorship and ownership over forest resources. The Forest Act
‘reserved’, ‘protected’, and ‘declared’ forests, it then shrank the rights of the
forest communities, as the state deemed apt. In this process, notions of
common property, and use, were forced aside, and replaced by state control
to serve the interests, usually commercial and expansionist, of the state. A

84
clear legislative basis for the ‘Village Forest’ should be provided under
Section-28 of the Indian Forest Act (IFA) 1927. But this provision of the IFA
(1927) has never been implemented and has by and large remained dormant.

1.21.4 Constitutional Safeguards on Environment: The 42nd

Constitutional Amendment Act, 1976 inserted Article 48-A into the Directive
Principles of State Policy mentioning environment safeguards. Further Article
51-A, also introduced by the 42nd Amendment, which lists out the fundamental
duties said: ‘It shall be the duty of every citizen to protect & improve
environment, forest, lakes, rivers, wildlife…’. The relationship between the
forest communities and the forests have to be recognised before taking any
decision to evict the community from the forests.
1.21.5 In February 2000, India’s Supreme Court passed an order
restraining state governments and their agencies from removing dead, dying
or wind-fallen trees and grass from any National Parks or Wildlife Sanctuaries
in the country. {Interlocutory Application-548 under Godavarman (Forest)
Case WP/202/1995}.According to the handbook of the MoEF – “In view of
Supreme Courts order (IA-548), rights and concessions cannot be enjoyed in
the protected areas”.

1.22 Central Empowered Committee, 2004

1.22.1 The Supreme Court appointed a Central Empowered Committee in

a letter dated July 2, 2004 that says “even the removal of grass etc from na -
tional parks and wildlife sanctuaries has been prohibited………You are re-
quested to ensure strict compliance of the Hon’ble Supreme Court’s order so
that none of the prohibited activities are allowed to be undertaken in pro-
tected areas.” The Central Empowered Committee (CEC) thoroughly con-
demned the encroachments and recommended for their immediate evictions.
The CEC treats encroachment as a law and order problem. It recommends a
strong contingent of police force and presence of a Magistrate (in case of fir-
ing). It asks for immunity to the staff under section 197 of Criminal Procedure
Code. The CEC expects compliance to these instructions having endowed it
with such extensive powers. If the State still fails, it further demands liability
from the State government to pay Rs 1000 per hectare per month as compen-
sation for environmental losses caused by continuing encroachment and a pos-
sible fine of Rs 100 per month on the defaulting officials.

1.23 Status of Forest Lands and Forest Communities

1.23.1 The recorded forest area of the country is 76.52 million hectares,
whereas the forest cover is 63.72 million hectares, out of which 38.79 million
hectares is degraded and 24.93 million hectares is dense. Thus, the degraded
forest area in the country is as high as 60% of the total forest cover. As
against this, the total encroachment in forest areas in the country is 1.25 mil-
lion hectares, which is merely 1.9% of the total forest area. According to the
Forest Survey of India about 0.26 million hectares of forest land was diverted
between 1950 and 1980 for the purposes of settlement. Another 0.27 million

85
hectares, which found encroached before 1980 have been sent to the Central
government, to be regularized.

1.23.2 Centre for Equity Studies (2007) conservatively estimates that

nearly 4 million people live ‘inside’ the country’s protected areas and are de-
pendent on its resources for their survival. This is another type of forced dis-
placement. According to the 2002 amendment to the Wildlife Protection Act
(1972), the ‘Settlement of Rights’ (Section 18 to 26-A), described in the initial
notification (the intent to declare a protected area) is tantamount to allowing
the State to severely restrict the existing rights of people living in the area.

1.24 The Forest Rights Act: A Critical Mapping

1.24.1 The State Committee monitors the implementation of the FRA Act. The
Divisional Committee hears the appeals against the Gram Sabha’s decisions.
The District Committees are to act as Appellate Authority, and give their final
approval to the record of forest rights. The Gram Sabhas perform the function
of recognizing forest rights, regulating access to forest resources, and punish-
ing those who violate provisions of the Act, but their decisions are subject to
higher authorities. However, it is not clear if the Sub-Divisional Committee
and District Committee are to consider ecological implications, while approv-
ing or rejecting the rights proposed by Gram Sabhas.

1.24.2 The Act states that responsibilities and duties regarding conserva-
tion are applicable to all activities except those that are permitted as rights.
The core issue is that whether the Act excludes rights which could prove eco-
logically destructive. The Gram Sabhas have been vested with the authority
under this Act to prevent any activity adversely affecting wildlife, forest and
bio-diversity but the question remains that whether it can override such rights
which have granted and which are nevertheless prejudicial to the ecology.
These are some questions, which the Committee feels that do not have any
clear answer and solutions will have to be sought as the Act proceeds with im-
plementation on case-to-case basis.

1.24.3 The Act provides penalties for unsustainable use of forest re-
sources. However, the term ‘sustainable’ is not defined, nor is it clear, as to
who determines the levels of sustainability.

1.24.4 There is lack of clarity on how the Act relates to other relevant
laws, especially the Wild Life (Protection) Amendment Act (WLPA) 2002, the
Indian Forest Act 1927, and the Forest Conservation Act (FCA) 1980. It states
that rights vested under the Act are notwithstanding anything contained in
any other law, but it also states that the operation of other laws would con-
tinue if they do not contradict the provisions of the Act. The Committee was
also faced with questions like whether the provisions of the WLPA, IFA and
FCA are in contradiction with the FRA or what is the precise jurisdiction of
authorities vested under these laws or whether in the case of wildlife offence,
is the Gram Sabha’s decision on punishment final, or do the forest officials are
vested with appellate jurisdiction.

86
1.24.5 The Act needs to include a ‘Prior Informed Consent’ clause, requir-
ing that any major development project (dam, mines, industries, expressway,
power stations, etc.) on relevant forest land can be cleared in the area only if
the affected communities are fully informed of the implications of the project,
and provide their full formal consent. This could be a powerful tool to stop de-
structive projects on forest land, which are today the biggest cause of defor-
estation in India. The question would now arise is that what happens if the
community is hijacked by interest groups and it decides to misuse the provi-
sions of this Act. The Act does not state that regularized lands cannot be
alienated, but in addition, it could explicitly mention that the Forest Conserva-
tion Act (1980) will continue to apply on large development projects, so that
there remains a further check on clearance.

1.24.6 The Act stated about providing the right to protect traditional
knowledge. However, the Act needs to elaborate as to how such protection
will take place, and how it relates to the Biological Diversity Act which also
proposes such provision.

1.24.7 The Act proposes to recognize and vest forest land rights to Forest
Development Society Trusts (FDST) there are no reliable estimates of the
number of families who will benefit from the proposed legislation.

1.24.8 The total forest land under encroachment is estimated by the gov-
ernment at 13.43 lakh hectares, which amounts to about 2% of the recorded
forest area in the country (2006).

1.24.9 The Act specifies that FDSTs would be granted forest rights only
in places where they are scheduled. However, such a clause could lead to de-
nial of rights to tribal communities on the ground that they do not reside in
the area where they are scheduled, even though many tribal people have been
displaced due to development projects and creation of protected areas.

1.24.10 The Act does not place any explicit restriction on the methods
that can be used to remove forest dwellers. The Act mentions that FDSTs
would be relocated from core areas of National Parks and Wildlife Sanctuary
with due compensation. However, the Act does not clarify exactly what kind of
compensation would be offered to the tribal people, what recourse would they
have if such compensation is not satisfactory or is altogether denied.

1.24.11 The term ‘Community Forest Resource’ is not defined, and hence,
it is not clear whether these also include resources within government owned
forests including National Parks and Sanctuaries.

1.24.12 According to the Forest Survey of India (2006), about 60% of the
forest area under official control is classified as ‘degraded’. Between 1951 and
1979, 3.33 million hectares of natural forest was cleared for ‘industrial pur-
pose/plantations’. Commercialization has adversely affected large parts of the
indigenous grasslands [Link] to the extent of 90% in some instances.

87
In Orissa alone, in the last five years, the Union Ministry of Environment and
Forest has approved retrospectively clearing of 1224 hectares of forest by
mining companies, even in ecologically fragile areas.

1.24.13 Between 1961 and 1988, the area of reserved forests in India in-
creased by 26 million hectares which is more than 60%. A recent study found
that 40% of Orissa’s forests were ‘deemed’ reserved, while up till now, rights
have not been surveyed.

1.24.14 In May 2002, when the MoEF directed the states to evict all ‘en-
croachers’ in the wake of the Supreme Court ban on regularizations; since
that year, one has witnessed unprecedented eviction drives, which have pri-
marily targeted forest communities. About 40,000 families were evicted in As-
sam alone.

Recommendations

(i) A comprehensive set of measures should be undertaken involving leg-

islative, administrative and public education measures to ensure the
rights of the tribals over land, forest, water and minor mineral re-
sources. This can be done in the following ways:

- wall mapping of land possession in village.

- setting up of a legal aid cell to provide consultative guidance.
- legal literacy programmes under framework of customary laws to
be implemented.

(ii) A comprehensive Survey & Settlement of the tribal sub-plan areas

should be done in a time-bound manner. The pre-settlement leases
should be regularized by authorizing the Tehsildar to make corrections
in the record of rights as per the Orissa Mutation Manual.
(iii) There should be re-alignment of Forest & Revenue land records espe-
cially under purview of rights and ownership of common property land
and resources.
(iv) Recognition of “Record of Rights”/ “Adhikar Abhilekh”/ “Nistar Patrak”/
“Vazibul Arz”/ “Dafayati Rights”; that was established after abolition of
malgujari-jamindari (1952) for securing and institutionalizing their due
traditional recorded and non-recorded rights on common property re-
sources.
(v) A framework guiding the survey should be based upon the specific
forms of property rights operative in the tribal areas namely, customary
rights over forest and land resources belonging to local community as
well as individual.
(vi) The role of Tribal Advisory Council (TAC) should be strengthened. Un-
der article 238/2, the Governor can make regulations for the Scheduled
Areas by prohibiting and restricting transfer of land by or among the
members of Scheduled Tribes and regulate money lending. There is pro-
vision for TAC in Schedule V areas and the Governor is bound to consult
them.

88
(vii) Withdrawal of minor cases filed against tribal communities under en-
croachment/ violations of Wildlife Act/ other forest offences etc.
(viii) Amendment in Land Acquisition Act under the purview of article 14,
15/4 and 19, where State may legislate restricting the acquisition of
landed property in the tribal areas.
(ix) Updating land records with active participation of tribal community
through trained tribal youth on customary laws of various communities
and statutory measures for their protection, on private and community
land.
(x) Establishment of Land Bank, which facilitates lease from tribal to non-
tribal land and will settle the same with the tribal communities or will
meet the requirements of land for public purpose at prevalent market
prices.
(xi) Tribal communities who were earlier displaced because of national
parks and wild life sanctuaries must be rehabilitated under the purview
of FRA.
(xii) All land acquisition process in tribal areas must be stopped before set-
tlement of tribal community under FRA.
(xiii) The area which is occupied by the tribal communities must not be de-
marcated for rehabilitation of any other project affected community.
(xiv) All primitive tribal groups must be exempted under FRA without their
date of occupancy on a particular piece of land.
(xv) Any land that has been claimed under FRA must not be identified/uti-
lized for Jatropha plantation.
(xvi) All claims of non-tribal communities on the same piece of land must be
taken to a fast-track court for timely settlement.
(xvii) All claims for common property resources should be brought under
time-bound action and resettlement should be provided on the basis of
‘Record of Rights.’
(xviii) All land regularized under FRA must not be alienated/acquired in the
next 100 years and in case of any emergency acquisition, the same cate-
gory of land must be provided.
(xix) The tribal communities who lived in Salwa Judum camps must be reset-
tled in their occupied land irrespective of the cut of-date under FRA
(2006).

*********

89
Chapter Two

Tenancy, Sub-Tenancy and Homestead Rights

2.1 Issues Relating to Tenancy

2.1.1 Prior to independence, agricultural tenancy was considered to be an

integral part of the feudalistic, albeit unproductive and exploitative agrarian
relations. Tenancy arrangements in general were a matter of mutual
agreement between the land owners and the tenants which were governed
mainly by the ordinary law of contract which had no provision for either
security of tenure or regulation of rent. According to the Famine Enquiry
Commission (Government of India, 1944), even in the ryotwari areas where
peasant proprietorship should have prevailed, unprotected tenancy developed
on a large scale. The share-croppers who constituted the great bulk of the
actual cultivators remained outside the purview of any legal protection and
were subject to arbitrary eviction and rack renting (Haque and Sirohi, 1986).

2.1.2 In the wake of independence, though the major emphasis was on the
abolition of intermediaries, certain amendments to the existing tenancy laws
were also made with a view to providing security to the tenants of ex-
intermediaries. Some state governments not only conferred
ownership/occupancy right on the existing tenants, but also put legal
restrictions on future leasing. Several states which permitted leasing out by
certain categories of land-owners also prescribed the levels of fair rent. Tables
2.1 and 2.2 show the nature of legal restrictions and levels of fair rent fixed by
various states. These legal measures provoked the landlords to secure mass
eviction of tenants, sub-tenants and resort to extra legal devices. While the
laws abolishing intermediaries allowed tenants to acquire ownership right in
about 4 percent of the country’s agricultural land, the same laws led to the
ejectment of tenant families from as much as 33 per cent of total agricultural
land (Appu, 1996). Besides, informal and short-term, albeit insecure tenancies
continue to exit in most places (Tables 2. 3 and 2. 4). Also the fair rent is
implemented nowhere except in West Bengal, where share-croppers enjoy a
strong backing from the left front government.

2.2 Incidence of Tenancy

2.2.1 Despite legal restriction on land leasing, people lease out and lease in
agricultural land on informal basis in almost all regions of the country.
According to the 60th Round of National Sample Survey (2003), leased in area
formed nearly 7 per cent of the total operated area, while 11.5 per cent of the
rural households lease in land (Table-2.3). But some micro studies point out to
understanding in NSS data, as area under informal tenancies vary between 15
and 35 per cent. Informal tenants who do not have any security of tenure, fail
to cultivate land efficiently. The NSSO data further bear out that share-
cropping continues to be the dominant form of leasing in most places, while in
the relatively developed states of Haryana, Punjab, Uttarakhand, Tamil Nadu
and Andhra Pradesh and in most irrigated areas, fixed cash tenancy is more

90
common (Table-2.4). About 90 percent of the leased in area is unrecorded and
informal. At All India level, 35.8 per cent of the total rural households leasing
in land are landless labourers and 47.5 per cent have land below 0.5 hectare
and 8.2 per cent have land between 0.5 to 1.0 hectare. Thus, above 91 per
cent of the total number of tenants belong to the category of landless
labourers and marginal farmers (Table 2.5) Nearly 57 per cent of the leased in
area in Kharif season and 54 per cent in rabi season were on short term
leases, i.e. for less than 2 years (Table 2.6) and did not have any tenural
security or stability.

2.2.2 A recent study of land lease market in Uttar Pradesh (Mani and Pandey,
2004) shows that leasingin of agricultural land is largely concentrated among
the marginal farmers. Those marginal farmers who have better outside
employment opportunities prefer to lease out their tiny holdings and those not
having outside employment opportunities resort to leasing in more land to
make their operational holdings adequate for family sustenance. The landless
agricultural workers also lease in land for family sustenance. This study
further reveals that disability served as the reason for leasing out only in 15
per cent cases, while the absentee owners and management problems on
lands accounted for 70 per cent cases. But subsistence and family labour were
the major reasons for leasing in land. The lease market absorbed some of the
landless, and provided employment to poorest of the poor class. Similarly, a
study by Sharma (2004) in Palanpur village of Moradabad district, Uttar
Pradesh bears out that despite ban on land leasing, leased area consisted of
28 per cent of all cultivated land and out of 143 households, 106 were either
leasing in or leasing out or both. But there was frequent change in tenure
status and leasing of land was used as an adjustment device by many in
response to change in family labour availability, draught power, cash
resources, debt situation, etc. A study by Fahimuddin (GIDS, 2008) shows that
the main reasons for leasing in of land are improved access to land and
getting additional income for livelihood. Jaber Alis’ field study in Uttar
Pradesh (2005) brings out that marginal and small farmers constitute nearly
95 to 100 percent of the total lessee in the districts of Ghazipur, Aligrah,
Sitapur, and Jalaun. A more or less similar situation is found in other regions.

2.2.3 A field study by Vijay (2004) in Andhra Pradesh shows that poor
peasants are the main demand points of land in the lease market. Akter et. el
(2006) in a study of 12 villages in Andhra Pradesh and Madhya Pradesh
observed that the rental market transferred land to those having less land
available for use, more ability to use land, more assets to invest, a higher
adult workforce and fewer off-farm opportunities.

2.2.4 A study of land leasing by women in Andhra Pradesh by Nielsen et at

(2007) shows that the rural poor voluntarily choose to lease in land as a way
to increase and diversify their resources of food crops and income, to improve
the well being of their households and to reduce their reliance on wage
labour. Although cash based land leases were beneficial to land owners and
leases, share- cropping arrangements dominated in some regions and also
appeared to be exploitative of the lessees. The sharecroppers had limited

91
power to negotiate better terms, especially because the leasing agreements
are informal and outside the law. Nevertheless, women self-help groups and
land owners are freely negotiating the leases and the agreed terms and
conditions of lease, are at least in part, economically driven.

2.3 Case for Legalization and Liberalization of Land Leasing

2.3.1 The question whether tenancy influences productivity or resource use

efficiency in agriculture has been a subject of discussion for a very long time.
Unfortunately the prolonged debate has created a lot of confusion in the
minds of policy makers regarding the usefulness of tenancy reform measures
undertaken thus far. It has also made them directionless so far as the future
policy on land leasing in concerned.

2.3.2 Several research studies (Haque, 2001, Deininger et al, 2005) have
pointed out that restrictions on land leasing have reduced the welfare of poor
tenants by forcing them to enter into informal arrangements in contravention
of the rules and also by restricting the poor peoples’ access to land through
leasing. Besides, restrictive land leasing laws have discouraged the land-
owners to lease out land and take up non-farm enterprises which is vital for
rural transformation. Moreover, due to legal restrictions on land leasing, some
land-owners prefer to keep their land fallow than to lease out for fear of losing
the land in case they lease out. The lifting of ban on leasing in such cases will
result in better utilization of the available land and labour and also promote
both farm and non-farm development by improving the large land owners’
incentive and ability to invest. Also legalization of tenancy would create
additional incentive to produce more and enable them to access institutional
credit and other services (Haque, 2001).

2.3.3 The neo-classical economists have always argued that land rental
markets would increase productivity and equity because of low cost land
transfers to more productive producers, by enabling some to lease land, some
others to move on to non-farm economic activities and also by improving the
ability of the poor to face consumption shocks through employment and
income from the leased in land. Besides, land rental markets are seen as a
means of reaching optimum size of operational holdings, where family labour
could be fully employed. It is expected to equalize returns to non-tradable
factors of production, such as family labour and bullocks in the traditional
farms. Also rental markets are more flexible than land sales markets and
involve low transaction costs. (Reddy, 2004). However, the benefits to
participating households will depend on the size of the surplus achieved from
engaging in rental and on its distribution between land-owners and tenants.
Besides, the number and types of outside options available to tenants, such as
wage labour and non-farm opportunity, will affect the outcome of bargaining
between landlords and tenants as well as the efficiency of the production
outcome. (Conning and Robinson, 2002).

2.3.4 It is sometimes apprehended that unrestricted land leasing may

encourage reverse tenancy and would result in concentration of operational

92
holdings in few hands. These fears can be addressed if the law specifically
provides that land leasing is allowed within ceiling limit as fixed in different
states and ceilings are fixed on operational holdings and not just ownership
holdings (Haque 2001). Moreover, reverse tenancy is not always bad. In the
context of Punjab, this seems to be a win-win situation for both the lessor and
the lessee, as both maximize their income through leasing out and leasing in
of agricultural land and occupational mobility (Haque, 2001). This was further
confirmed by the Committee members’ interaction with farmers in Punjab.

2.3.5 As point out earlier majority of the sub-tenants in the country are either
landless or semi-landless persons. Legalization of land leasing may improve
their tenural security and incentive to cultivate land efficiently apart from
reducing poverty.

2.4 Should Tenancies be Recorded?

2.4.1 Both NSSO data as well as independent field studies show that
tenancies are mostly unrecorded and based on oral agreements. This is
because of two reasons. First, the land-owners do not like the names of
tenants to be recorded due to the fear that they may lose their land rights.
Second, the states which have legally banned leasing out of land, do not make
any efforts to record tenancies, assuming that there is no tenancy in
existence.

2.4.2 The law in most cases provides for recording of tenants and subsequent
conferment of occupancy right on them, by virtue of the clauses of adverse
possession of land for certain specified years. But the states have generally
ignored this aspect of the law. In some cases, even the tenants do not insist on
recording of tenancy because of their unequal, albeit weak power and for the
fear that they may be evicted from tenanted land by the land-owners.

2.4.3 In West Bengal, there was a special drive to record the names of share-
croppers (Bargadars) in 1978 through 1980’s which led to ensuring
permanent heritable, but non-transferable right to share croppers. But this
was possible because of strong will power of the state government supported
by political mobilization of the share-croppers and Panchayati Raj institution.
In the absence of such a frame work in most other states, mere talk of
recording of tenants would not help. In most situations, this may even result
in eviction of tenants from tenanted land. The group therefore, is of the view
that there should be a simple lease agreement by lessor and the lessee for a
minimum specified period of 3 to 5 years, duly verified by head of Gram Sabha
/ Gram Panchayat and without any clause of adverse possession of land. The
land should automatically return to the land-owner on the expiry of the agreed
lease period. In case of West Bengal, however, the share-croppers are as good
as occupancy tenants and produce is shared in the ratio of 3:1 or 1:1, between
share cropper and landlord, depending upon cost of inputs being borne by
sharecropper or the landlord. Factoring this, therefore, ownership right
should be conferred on all share-croppers at least on half of the land under
share cropping.

93
Recommendations on Appropriate Legal and Institutional Framework
for Land Leasing

After careful considerations of various aspects of land leasing, the

Committee recommends the following:

(i) Legalize land leasing for agriculture in all areas within ceiling limits.
This would improve rural poor’s accessibility to land through leasing,
discourage land being kept fallow and increase much needed occupa-
tional mobility of the rural people;
(ii) Encourage and support group leasing by women, as far as possible;
(iii) All States should impose ceilings on operational holdings and not just
ownership holdings. This would help prevent concentration of land
through leasing, Under no circumstances, land owners having land
above ceiling should be allowed to lease in land even for agriculture;
(iv) Remove the clause of adverse possession of land in the tenancy laws of
various states as it de-motivates the land owners to lease out land;
(v) Allow automatic resumption of land after the agreed lease period;

(vi) Abolish the system of regulation of fixation of fair rent by the state. The
market rent as agreed upon by the lesser and the lessee should prevail;
(vii) All tenants and sub-tenants including share croppers / under raiyats
should be recognized by law and assisted with adequate institutional
support and rural development schemes to overcome poverty and in-
debtedness;
(viii) Share croppers in West Bengal who have permanent and heritable
rights on share cropped land are as good as occupancy tenants. There-
fore, they should be conferred ownership right with the consent of own-
ers, at least on half of the land under sharecropping.

2.5 Issues Relating to Homestead Rights

2.5.1 It is now a well researched and well recognized fact that extreme rural
poverty in India is rooted in landlessness. The poorest of the poor are those
without land who depend on agricultural wage employment for their
subsistence. Also the poorest among landless are houseless, not even having
their own small plot of land on which to build a residential shelter. The latest
NSS data (Table 2.7) show that about 10 per cent of rural households in the
country are landless and 5.5 per cent of the rural households do not own any
dwelling unit. In absolute terms, 14.8 million rural households are landless
and 7.9 million do not have any dwelling units of their own.

2.5.2 The Committee is in agreement with the view expressed in the Eleventh
Five Year Plan of India that the right to a roof over one’s head needs to be
seen as a basic human right, along with the right to freedom from hunger and
right to education. In the first phase of post independence land reform, some
state governments had no doubt provided house sites and homestead plots to
landless labourers or other land poor households. While states like West

94
Bengal and Bihar enacted separate laws for this purpose, most other states
incorporated such a provision in their land reform laws. Pursuant to these
laws and provisions, an estimated four million households obtained house
sites across India. However, the size of plot allotted was just enough to build a
room, without any additional space for allowing any backyard farming or
economic activities to be taken up.

2.5.3 The average size of homestead plot given to about 1.71 Lakh landless
families under Vasundhara Scheme in Orissa was only about 4 cents. These
were mostly government land. But even with 4 cents of land, the beneficiaries
could derive benefits in terms of improved food and nutritional security
through cultivation of fruits and vegetables in the kitchen garden. If the plot
size can be increased to at least 10 cents the landless poor families will have
not only home of their own, but also an opportunity to take up some economic
activities such as planting of fruits and other commercial trees, cultivation of
vegetables and rearing animals such as cows, buffalo, goats, sheep, poultry
birds, etc., and earn some supplementary income. This will help reduce
poverty in rural areas. The homesteads in Kerala and the North East are
eloquent testimony to the nutrition security of the rural poor.

2.5.4 Till recently, the focus of Indira Awas Yojana was on grant for house
construction and not on providing house sites. It is indeed a matter of
gratification that Ministry of Rural Development has provided for an
additional amount Rs. 100 Crore this year under Indira Awas Yojana for
allocation of homestead plot to houseless poor by purchasing land from the
market. It should, however, be ensured that the size of homestead plot is not
less than 10 cents, which can yield substantial economic benefits.

2.6 Some Recent Initiatives

2.6.1 Some States such as Karnataka, West Bengal and Andhra Pradesh have
recently initiated innovative land reform schemes that aim at providing
homestead plot to houseless rural families by purchasing land from the
market. In Karnataka, a scheme called “My land-My Garden’ is implemented
through the Panchayats. The scheme aims at providing 0.12 acre plots to 0.5
million rural landless households in the state free of cost. The gram panchayat
prepares a list of eligible households, identifies suitable land for purchase
near the village, purchases and registers the land, portions the land into micro
plots and allocates them to the landless poor families. The state expects to
spend Rs. 6000 as land cost per beneficiary. The West Bengal Scheme,
“Allocation of cultivation and Dwelling Plot Scheme” is implemented by the
Department of Land Reforms and Revenue, in collaboration with Panchayats.
The department publicly announces in each district that it would like to
purchase land for the scheme and invites land-owners to submit sale offers. A
District level committee headed by Sabhapati of panchayat samiti reviews the
offers, short lists them and negotiates the purchase of the most suitable
offers. The land is then partitioned and distributed to the list of eligible
landless beneficiaries that have been prepared by the Panchayats. The plots
are provided free of cost to the beneficiaries. The scheme plans to spend Rs.

95
20,000 in land costs per beneficiary family and expects to allocate land plots
of 0.16 to 0.50 acre per family, depending on the price per acre.

2.6.2 The Andhra Pradesh Scheme is part of the larger Indira Kranthi Patham
(IKP) Project and is implemented through women’s self help groups. The
project has been in operation since 2004. Land costs per acre average about
Rs. 58,000. The Government provides up to 60 per cent of the land cost, as a
grant, the beneficiary contributes up to 10 per cent of the land costs and the
remaining amount is financed as a loan which the beneficiary will repay in 15
years. A recent impact study found that the beneficiaries are receiving an
average of more than Rs. 15,000 net cash income per acre per year in addition
to food they produce for self consumption from a micro plot (A Panth and M.
Mahamallik, “Impact Assessment of IKP Land Purchase Scheme in Andhra
Pradesh,” 2005).

2.6.3 While the above mentioned initiatives of the Governments of Karnataka,

West Bengal and Andhra Pradesh show some rays of hope for the landless
poor in these states, the Government of Karnataka and West Bengal have
sought central assistance to take up the programme successfully on wider
scale. Given the tight resource position, it is also true that most state
governments, would not be able to undertake any such scheme on a large
scale on their own, unless supported by central government or some financial
institutions.

2.6.4 The Committee feels that allocation of homestead cum garden plots of
10 cents in size would not only provide shelter to the houseless rural poor, but
also help improve their food and nutritional security.

Recommendations on Homestead Rights

(i) Government of India should launch a centrally sponsored scheme to allo-

cate at least 10 to 15 cents of land to each houseless rural poor on prior-
ity basis. Although there should be search for available government land
and ceiling surplus land for this purchase, it is most feasible to purchase
land from the market and allocate them to the homeless poor. The
scheme can be administered on75:25 cash sharing basis with state gov-
ernment for land purchase and allocation of micro plots to all rural
houseless families;
(ii) As far as possible, allotment of homestead cum garden plot should be in
the name of women. Where more than one adult women is a part of
household, all adult female members should be recorded;
(iii) The beneficiaries should be involved in the selection of land and benefi-
ciaries of a particular social group should be given such land in a con-
tiguous block, along with facilities of road, electricity, school, safe drink-
ing water, health centre etc. Besides, line departments of government
should provide the necessary technology, extension and marketing sup-
port for enabling the beneficiaries to benefit substantially from allot-
ment of such homestead cum garden plots.

96
Table 2. 1: Restrictive Nature of Tenancy Laws in Various States

Category of States Nature of Restrictions in Tenancy Laws

1. Kerala and Jammu & Leasing out of agricultural land is legally
Kashmir prohibited without any exception
2. Telangana Area of Leasing out of agricultural land is allowed
Andhra Pradesh, only by certain categories of land owners
Bihar, Jharkhand, such as disabled, minors, widows, defense
Karnataka, Madhya personnel etc.
Pradesh, Chattishgarh,
Uttar Pradesh,
Uttarakhand and
Orissa
3. Punjab, Haryana, Leasing out of agricultural land is not
Gujarat, Maharashtra specifically banned, but the tenant acquires
and Assam right to purchase the tenanted land after a
specific period of creation of tenancy.
4. Andhra area of Andhra There are no restrictions on land leasing,
Pradesh, Rajasthan, although in West Bengal only share cropping
Tamil Nadu, and West leases are legally permitted.
Bengal
5. In Scheduled tribe Transfer of land from tribal to non-tribal
areas of Andhra even on lease basis can be permitted only by
Pradesh, Bihar, Orissa, a competent authority. The idea is to prevent
Madhya Pradesh and alienation of land from tribal to non-tribal.
Maharashtra

Table 2.2: Fixation of Fair Rent by States

State The rate of rent by states

Andhra Pradesh
(i) Andhra region 25 to 30 per cent of produce
(ii) Telengana 1/4 to 1/5 of produce or 3 to 5 times the land revenue
region
Assam 1/4 to 1/5 of produce or less than 3 times the land
revenue
Bihar 18 seers (16.80 kg) per maund
Gujarat 2 to 5 times the land revenue, subject to a limit of Rs. 20
per acre
Haryana 1/3 of produce or value thereof
Himachal Pradesh 1/4 of crop of land or value thereof
Jammu and Tenancy has been banned and therefore, no provision of
Kashmir fair rent has been made.
Karnataka 1/4 to 1/5 of produce or the value thereof, but not
exceeding 10 times the land revenue plus irrigation
charges
Madhya Pradesh 2 to 4 times the land revenue
Maharashtra 2 to 5 times the land revenue, subject to a limit of Rs. 20
per acre
Orissa 1/4 of produce or value thereof
Punjab 1/3 of produce or value thereof

97
Rajasthan 1/4 to 1/6 of produce or 1 ½ to 3 times the amount
assessed as land revenue
Tamil Nadu 1/2 to 1/3 of produce or value thereof
Uttar Pradesh Rent as agreed upon between the tenant and his
landlord or the gaon sabha
West Bengal 1/2 to 1/4 of produce (1/2 of produce if the landowner
supplies plough, cattle, manures and seeds)

98
Table 2 .3: Incidence of Land Leasing in various States (Rural)

% area leased % households

States in leasing in
2003 1992 2003 1992
Andhra Pradesh 9.7 9.6 15.9 15.9
Arunachal
Pradesh 12.4 - 9.1 -
Assam 5.8 8.0 7.5 16.7
Bihar 12.8 4.3 12.3 7.0
Chattishgarh 6.4 - 11.0 -
Gujarat 5.4 4.2 10.1 10.6
Haryana 17.3 41.1 17.0 18.3
Himachal
Pradesh 3.0 4.4 21.6 14.4
Jammu &
Kashmir 0.3 3.4 3.1 6.4
Jharkhand 2.4 - 6.7 -
Karnataka 3.5 9.3 7.5 13.1
Kerala 4.7 3.2 7.1 9.6
Madhya Pradesh 3.0 7.4 5.8 12.3
Maharashtra 4.9 5.2 10.7 15.8
Manipur 12.2 - 15.4 -
Meghalaya 6.9 - 18.1 -
Mizoram 3.0 - 5.8 -
Nagaland 0.1 - 7.9 -
Orissa 14.6 11.4 15.7 22.3
Punjab 19.5 18.2 12.1 15.2
Rajasthan 3.4 5.8 4.3 10.9
Sikkim 14.6 - 34.5 -
Tamil Nadu 7.0 12.4 16.3 19.5
Tripura 6.5 - 6.7 -
Uttar Pradesh 10.5 11.8 12.8 16.5
Uttarakhand 4.8 - 11.8 -
West Bengal 10.4 12.0 11.3 -
UTS 10.5 - 30.6 17.8
All India 7.1 9.0 11.5 14.7
Source: NSSO, Government of India

Table 2.4: Percentage distribution of area leased out by terms of lease for each state
(Rural)

for share
for fixed for fixed of Other
State money produce produce terms All

99
Andhra
Pradesh 41.74 22.65 21.72 13.89 100
Arunachal
Pradesh 0.00 0.00 14.68 85.32 100
Assam 20.47 0.00 38.71 40.82 100
Bihar 8.89 20.99 59.95 10.17 100
Chattishgarh 7.29 44.36 45.95 2.40 100
Gujarat 14.78 22.55 10.89 51.78 100
Haryana 84.95 2.10 12.75 0.20 100
Himachal
Pradesh 31.82 5.77 28.73 33.68 100
Jammu &
Kashmir 6.46 0.00 0.00 93.54 100

Jharkhand 0.53 0.00 99.47 0.00 100

Karnataka 34.73 1.77 34.90 28.60 100
Kerala 33.52 0.00 28.64 37.84 100
Madhya
Pradesh 10.85 25.15 53.51 10.49 100
Maharashtra 34.44 3.32 53.97 8.27 100
Manipur 5.52 24.61 65.66 4.21 100
Meghalaya 44.07 7.42 43.69 4.82 100
Mizoram 0.00 0.00 100.00 0.00 100
Nagaland 0.00 21.32 37.74 40.94 100
Orissa 11.52 10.65 71.13 6.70 100
Punjab 91.69 1.73 1.98 4.60 100
Rajasthan 17.62 14.79 44.21 23.38 100
Sikkim 31.20 24.47 44.33 0.00 100
Tamil Nadu 47.19 14.70 26.33 11.78 100
Tripura 6.25 7.05 71.71 14.99 100
Uttar Pradesh 14.84 21.18 51.98 12.00 100
Uttarakhand 77.39 5.96 10.29 6.36 100
West Bengal 29.38 48.79 10.55 11.28 100
Group of UTs 33.73 58.12 8.13 0.02 100
All India 31.04 15.30 39.55 14.11 100
Source: NSSO, Government of India

Table 2.5: Share of landless and Semi-landless Households to total household leasing
in land

Less than
States Landless 0.5 ha 0.5 to 1.0 ha.
Andhra Pradesh 53.1 30.4 8.5
Arunachal Pradesh 71.3 20.1 4.1

100
Assam 34.7 43.6 11.3
Bihar 5.8 87.0 6.0
Chattishgarh 26.9 43.5 18.6
Gujarat 63.7 18.8 5.5
Haryana 24.0 45.4 8.9
Himachal Pradesh 62.6 32.2 3.7
Jammu & Kashmir 52.0 43.6 0.7
Jharkhand 45.0 42.9 8.1
Karnataka 55.2 28.3 5.3
Kerala 50.0 46.2 3.4
Madhya Pradesh 28.5 39.7 10.9
Maharashtra 60.1 19.8 7.0
Manipur 16.5 67.5 11.8
Meghalaya 35.0 51.5 5.8
Mizoram 29.3 39.7 9.1
Nagaland 97.3 1.5 1.0
Orissa 17.3 71.8 7.9
Punjab 23.8 31.9 13.0
Rajasthan 25.0 22.2 13.3
Sikkim 83.2 16.1 0.3
Tamil Nadu 72.7 21.3 2.3
Tripura 30.0 67.5 1.6
Uttar Pradesh 7.8 69.5 13.2
Uttaranchal 57.8 41.9 0.3
West Bengal 14.1 75.1 8.4
UTS 89.8 10.6 0.1
All India 35.8 47.5 8.2
Source: NSSO, 2003

Table- 2.6: Percent Distribution of Leased Area in India according to duration of lease
Land Size Class Kharif Rabi
Less than one agril. 4.72 4.51
Season
Less than 1 year 19.36 16.56
1-2 years 32.86 32.97
2-5 years 20.27 21.07
5-12 years 11.75 13.90
12 years or more 9.91 9.13
NR 1.14 1.86
Source: NSSO, 2003

Table – 2.7: Proportion of Landless and Homeless Families in Rural Areas

Total Number of
Percentage of Households not
Percentage Households having any
of not owning dwelling unit of
landless any dwelling their own
States households units*** (number in 1000)
Andhra Pradesh 14.3 10.8 1373
Arunachal Pradesh 21.6 21.5 35
Assam 8.0 5.3 214

101
Bihar 7.6 0.6 66
Chattisgrah 12.1 4.3 150
Gujarat 13.6 8.5 522
Haryana 9.2 3.1 81
Himachal Pradesh 15.0 8.9 101
Jammu & Kashmir 3.3 3.1 34
Jharkhand 4.8 1.7 62
Karnataka 14.1 10.6 738
Kerala 4.8 6.7 351
Madhya Pradesh 12.0 2.2 186
Maharashtra 17.7 7.9 930
Manipur 2.7 2.1 6
Meghalaya 6.7 NA
Mizoram 2.3 NA
100 (NE)
Nagaland 8.0 NA
Sikkim 30.7 NA

Orissa 9.6 3.7 238

Punjab 4.6 3.1 91
Rajasthan 5.6 2.1 156
Tamil Nadu 16.6 13.1 1345
Tripura 8.7 3.8 23
Uttar Pradesh 3.8 1.7 371
Uttaranchal 10.6 - NA
West Bengal 6.2 3.5 427
UTS 40.2 40.0 97
All India 10.0 5.5 7876
Source: * = Based on NSSO, 59th Round, 2003.
** = Based on NSSO, 60th Round, 2004.
Note: NE indicates total of North eastern states other than Manipur, Tripura and
Arunachal Pradesh

102
References

1. Akter, Shaheen, J. Farrington, Priya Deshinjkar, Pramod Sharma and Laxman

Rao (2006), land Rental Markets in India: Efficiency and Equity Consideration-
Paper presented at the National Seminar on Land Policy for Accelerated Rural
Growth and Poverty Reduction, organized by the World Bank at Hotel
Sangrilla, New Delhi.
2. Behuria, N. C. (1997) ‘Land Reforms Legislation in India, Vikas Publishing
House Pvt. Ltd., New Delhi.
3. Conning, J. and J.A. Robinson (2002), ‘Land Reform and the Political
Organization of Agriculture, Working Paper No. 3204, Centre for Economics
Policy Research, London.
4. Deininger, Klaus, Songqing Jin and Hari K. Nagarajan (2006) ‘Equity and
Efficiency Impacts of Rural Land Rental Restrictions: Evidence from India -
Paper presented at the National Seminar on Land Policy for Accelerated Rural
Growth and Poverty reduction’, Organized by the World Bank at Hotel
Sangrilla, New Delhi.
5. Fahimuddin (2008), ‘Status of Tenancy in Uttar Pradesh, GIDS, Lucknow
(Mimeo).
6. Government of India (1944), Report of the Famine Enquiry Commission, New
Delhi, Pg. 269.
7. Government of India (1976), Report of the National Commission on
Agriculture, 1976, Part XV, P 56.
8. Haque, T. (2000) ‘contractual Arrangements in land and Labour markets in
India, Indian Journal of Agril. Economics, Keynote Paper, Conference
November, July-September.
9. Haque, T. (2001) Impact of Tenancy reforms on Productivity Improvement and
Socio-Economics Status of Poor Tenants, NCAP, Policy paper No. 13, ICAR,
New Delhi.
10. Haque, T. and A. S. Sirohi (1986), ’Agrarian Reforms and Institutional Changes
in India, Concept Publishing Company, New Delhi, pp 43-66.
11. Mani, Gyanendra and V.K. Pandey (2004) ‘Are Land Market Operations
Helping Towards Poverty Removal in Proceedings of the Workshop on Land
Markets and Rural Poverty (August 10-11, 2004), LBSNAA, Mussorie.
12. Nielsen, Robin, Karuna Vakati and Darryl Vhugen; Seeking Security and
Reducing Risk: land Leasing by Women in Andhra Pradesh, RDI, April, 2007
(Unpublished Report).
13. Reddy, D.N. (2004), ‘Land Reform and Rural Poverty in proceedings of the
workshop on Land Markets and Rural Poverty, LBSNAA, Mussorie.
14. Sharma, Naresh (2004) Tenancy, Poverty Inequality and Land Reforms in
Proceedings of the workshop on Land reform and Rural Poverty (August 10-11,
2004), LNSNAA, Mussorie.
15. Vijay, R. (2004) Land Market and Poverty in Proceedings of the workshop on
Land reform and Rural Poverty (August 10-11, 2004), LNSNAA, Mussorie.

********

103
Chapter Three

Governance Issues and Policies Relating to Land

3. Introduction

Issues of governance continue to emerge not just in new concerns such

as land acquisition but also previously addressed policies such as land ceiling
and tenancy. After a brief reference to governance issues relating to land
ceiling and tenancy, this chapter discusses in detail some of the recent land
legislations like Land Acquisition Act, 2007, PESA Act 2005 and R & R Bill
2007.

3.1 Land Ceiling

3.1.1 Holding land in excess of the ceiling area is prohibited in all State laws.
But holding in what capacity? As an owner or as a tenant or as both? The Na-
tional Commission on Agriculture had suggested applying the ceiling limit to
both owned land and land taken on lease. All states have accepted this except
Orissa, Utter Pradesh and West Bengal where ceiling limits applies only to
owned land and not to tenanted land.

3.1.2 In Maharashtra and Gujarat ceiling laws provide that lands held by a
person including his family members in any other State of India (whether this
is constitutionally valid or not appears to be in doubt) shall be taken into ac-
count for determining ceiling area within the State but vesting will apply only
to lands situated inside the State. Utter Pradesh law provides that when land
held by different members of the family is aggregated for determination of
ceiling area, the land left after vesting of the surplus area shall be deemed to
be held jointly by them in proportion to the market value of the land respec-
tively held by them before the declaration of surplus land. Similarly J & K law
provides that the selection made by the head of the family for retention of the
lands shall be proportionate to the area held by each member of the family,
unless the wife and husband agree otherwise. No other State laws have simi-
lar provision.

3.1.3 All State laws provide that the surplus lands shall vest in the State gov-
ernment/ shall be deemed to be acquired by the State Governments from the
date of declaration of the surplus area by the competent authority (Revenue
Officer or the Tribunal, as the case may be), except Punjab, Andhra Pradesh
and Himachal Pradesh, where the surplus land vests from the date of taking
over possession. But Utter Pradesh laws further provides that the tenure-
holder shall pay damage (as may be prescribed), to the State Government for
use and occupation of surplus land for the period from the date of coming into
force of the revised ceiling laws under the Amendment Act of 1972 (from
1.7.1973) to the date of taking over possession by the Collector, whereas Ma-
harashtra and Karnataka laws provide that such damage shall be paid for the
period from the date of declaration of surplus land to the date of taking over
possession. No other State laws has similar provision for damage to be paid to

104
Government for use and occupation of the surplus land during the intervening
period.

3.1.4 All State laws provide that the choice of land within the ceiling area to
be retained by the family lies with the ‘Karta’ of the family. But Utter Pradesh
law provides further that where the land of the wife of the tenure-holder is ag -
gregated with the land of the husband for purpose of determination of ceiling
area, consent of the wife has to be filed agreeing to such choice. This provi -
sion does not appear in any other State laws.

3.1.5 All States laws provide for penal provisions for failure to furnish return
for ceiling surplus lands in time and/ or furnish incorrect information therein
or for violation of lawful order, or for obstruction of taking over possession of
surplus lands, etc., and such penal provisions differ from State to State. Kar-
nataka and Maharashtra law provide for extreme penalty of forfeitures of the
surplus land to the State Government if the person fails to comply with the or-
der of the Tehsildar/ Collector when he issues a notice to him to submit the
declaration within a specified time.

3.1.6 For quick disposal of Land Reforms and ceiling cases, Kerala, Andhra
Pradesh, Tamil Nadu, Karnataka, Gujarat and Maharashtra have constituted
Land Tribunals whereas other State Government laws left them to be dealt
with by normal revenue hierarchy. The provisions provided for in State laws
regarding Appeal/ Revisions/ Reviews, jurisdiction of civil court is barred in all
such cases. Only Bihar law has provision for constitution of Land Reforms Tri-
bunal under Article 323-B of the Constitution barring the writ jurisdiction of
the High Court on Land Reforms matters. Maharashtra, Gujarat and J & K
have barred appearance of legal practitioners before any court or tribunal
dealing with disposal of cases under the ceiling laws.

3.1.7 The experience in dealing with the special problems arising out of the
land related issues that impinges on people’s rights, livelihoods, environment
and decentralised institutions have called for several of protective legislations
which are dealt here.

3.2 Environmental Issues

3.2.1 Schedule-I of the EIA notification, 2006 issued by the MoEF under item
7-C covers industrial estate/parks/complexes/areas/Export Promotion Zones/
Special Tourism Zones/ Biotech Parks/ Leather Complexes. The above cate-
gories continue to be exempted from the requirement of a public consultation
even in the new notification.

3.2.2 The EIA Notification, 2006 divides industries, projects and activities
into category-A and category-B where Category-A have to be cleared by the
Central government, and projects under Category-B are to be cleared by the
State government. Under SEZ Act (2005), the environmental clearances out-
lined “Special Conditions” which undermine even basic requirement of Envi-
ronmental Clearance. The condition states- if any zone with homogenous type

105
of industries (under sections of chemical and petrochemicals/bulk drug indus-
tries), or those industrial estate with pre-defined set of activities (not neces-
sarily homogeneous) obtains prior environmental clearance, individual indus-
tries including proposed industrial housing within such estate/ complex will
not be required to take prior environmental clearance. No mention is made of
regulatory mechanisms for multi-product, single product zones, tourism zone
as well as clearance for entire SEZ clearance Vs clearance for units.

3.2.3 Guidelines for notification of SEZs are silent on environmental and eco-
logical concerns. Single window clearance feature makes the Approval Com-
mittee at the State level under the District Collector responsible for approval
of all SEZ units and even compliance to conditions of approval if any are to be
mentioned by the Assistant Collector. There is no mention of the role of the
Pollution Control Board. There is mention of Coastal Regulation related provi-
sions in the SEZ Act and rules. However, the amendment to the CRZ Notifica-
tion 1991, have allowed for SEZs to be located in ecologically sensitive coastal
areas and ‘no development zones’. The interesting point to note is that unlike
other schemes which the government usually takes time to pass and imple-
ment, land acquisition for SEZ projects have not suffered any delay or legal
hassles, rather implementation of projects have been quick paced and smooth
sailing.

3.3 PESA Act: Intentions and Outcomes22

3.3.1 The new Acts and policies outlined above are in fundamental
contravention with the existing provisions which were instituted with the
intention of providing constitutional safeguards to the areas inhabited by
Scheduled Castes and Tribes. These communities have an altogether different
relationship with the environment in which they inhabit and also therefore
have a different understanding and practices of property and rights. However,
the Committee is constrained to observe that these constitutional safeguards
have not proved effective on account of the upocoming policies related to
growth and development. This was the precise reason why the PESA had to
be enacted in order to provide a more secure framework for the protection of
the tribal rights.

3.3.2 Part IX concerning Panchayats was added to the Constitution in 1993 by

the 73rd Amendment Act. The 73rd amendment was the first legislation after
independence which was not extended to the scheduled areas (SA) in a
routine manner as was the general practice. Accordingly, a high powered
Committee comprising select Members of Parliament and Experts was
appointed in 1994 to recommend exceptions and modifications that may be
made in Part IX while extending its provisions to the SA. The Committee
submitted its Report in 1995 and its recommendations were subsequently
accepted by the Government of India. The Provisions of Panchayats (Extension
to the SA) Act (PESA) was enacted in 1996. The provisions of Part IX of the
Constitution were extended to Scheduled Area (SA) subject to the special
features mentioned in Section 4. PESA came into force on December 24, 1996.
22
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106
3.4 Background

3.4.1 The Fifth Schedule (FS) of the Constitution provides the basic frame for
administration of the SA. The canvas of administration in this case is inclusive
and comprehensive. The Governor is the supreme legislator for the SA. He en-
joys limitless powers under Para 5 of the FS for (i) adapting any law of the
State or the Union in its application to the SA in the State or any part thereof,
and (ii) framing Regulations ‘for the peace and the good government of...a
Scheduled Area’, cutting across the formal boundaries set out in the Seventh
Schedule. Thus, the FS has the great potential for creating a flexible and com-
prehensive frame of administration dedicated to the protection and advance-
ment of the tribal people. It is a pity that this potential has remained largely
unexplored. Instances where Governors have used the powers under Para 5
(1) of the FS for adaptation of any law are few and far between, notwithstand-
ing the accentuating dissonance between the ground reality and the legal
frame in the tribal areas.

3.4.2 It is important to note that tribal affairs and SAs are not specifically
mentioned in any of the three lists in the Seventh Schedule. Accordingly any
law concerning these items can be enacted either in term of specific provi-
sions in the Constitution including ‘regulations’ under the FS, or under Item
97, ‘any other matter…’ of the Union List. On the other hand, various laws en-
acted by the State Legislatures (SL) are automatically extended to the SA.
Some such laws even have special provisions for the SA. This legal frame has
given rise to a milieu of ambivalence about tribal affairs, compounded by inde-
cision and inaction on the part of the executive.

3.5 PESA and the State Legislature

3.5.1 PESA for the first time calls upon the State Legislature (SL) to legislate
in matters concerning Panchayats located in SA. Space has been created in
the frame of PESA for this purpose. Section 4(m) specifically mentions ‘en-
dowing Panchayats in SA with such powers and authority as may be necessary
to enable them to function as institutions of self government’.

3.5.2 This provision is on the same lines as in the general areas. However, the
jurisdiction of the State Legislative (SL) envisaged here is subject to the spe-
cific provisions of PESA that have been set out in unequivocal terms in Section
4 as the basic ‘features’ of governance in the Scheduled Areas (SA), in keep-
ing with the spirit of the Fifth Schedule (FS). It begins with a mandate, mak-
ing the features listed therein binding on the State Legislatures.

‘Notwithstanding anything contained under Part IX of the Constitution, the

Legislature of a State shall not make any law under that Part which is incon-
sistent with any of the following features’.

3.5.3 Section 5, in the same vein, mandates the fall out of non-action by the
concerned authorities. It envisages that any provision of any law relating to

107
Panchayats which is inconsistent with the provisions of PESA ‘shall continue
to be in force until amended or repealed by a competent legislature or other
competent authority or until the expiry of one year from the date on which
this Act receives the assent of the President’. Accordingly, all inconsistent pro-
visions in relevant laws are deemed to have lapsed on 23.12.1997, a fact that
is lost on all state legislatures.

3.5.4 The most distinguishing ‘feature’ of governance at the village level in

PESA is the ‘creation of space’ in the legal frame for the functioning system of
self-governance of the tribal people. Moreover, detailed provisions have been
made in PESA itself in that regard, leaving no choice with the SL, which is
mandated to ensure that the frame of governance is in consonance with the lo-
cal situation.

3.6 PESA and the Community

3.6.1 The community at the village level was excluded from the general legal
frame adopted by the British in India beginning with 1860s. The objective was
clear, viz., ‘Break the community so that the authority of the Imperial Regime
remains unchallenged.’ The tribal tradition of self-governance during this pe-
riod, however, remained largely undisturbed in the face of their dogged resis-
tance against the colonizers. This continued till the adoption of the Indian
Constitution. The colonial legal frame got inadvertently superimposed, as it
was, on the tribal people living in hitherto excluded areas. This inadvertent
action of the State has rendered the tribal people totally helpless in dealing
with the outside world. This paradigm of governance would have been totally
transformed into a non-centralized frame if PESA had been honestly imple-
mented. The Act begins with redefining the village in terms of habitations that
comprise a ‘community’ and accepting ‘the competence of the community’ to
manage its affairs as is clear in Sec 4(d).

3.7 PESA and the Traditional System

3.7.1 While PESA does acknowledge the centrality of the traditional system,
albeit with reference to the community at the village level in the form of GS, it
makes no provision for or even reference to the place and role of any of the
existing traditional institutions at the village and higher levels. For example,
command over, and management of community resources and dispute resolu-
tion, are two crucial features that have been specifically covered in the frame
of competence of the GS. But the community at the village level is not the last
arbiter in these matters. The livelihood resources in the village may be shared
by the people with other people in the neighbouring villages. Similarly, the
traditional frame for dispute resolution comprises not only the concerned vil-
lage assembly but also institutions at level of a group of villages, and higher
levels, for dealing with inter village disputes and appeals against decisions at
lower levels.

3.7.2 While the outline of the frame of traditional institutions described above
is universal, there are significant variations of detail in this regard amongst

108
different communities in the same area, or even the same village, and also
within the same community in different areas. Wherever necessary, the pow-
ers vested in the Governor under Para 5 of the FS can also be suitably in-
voked, to ensure that the new frame is comprehensive and fully in tune with
the spirit of PESA.

3.8 PESA and Its Implementation

3.8.1 The responsibility for preparing the legal frame for governance of the
SA imbibing the spirit of PESA rests unequivocally with the concerned State
Governments. Nevertheless, the overall responsibility for ensuring that the
concerned States act accordingly is with Union Government, in terms of the
provisions in Para 3 of the FS.

3.9 PESA and States

3.9.1 The adaptation of the Panchayat Acts has been pursued by the States in
a routine way. The current review shows that hardly any relevant Acts of the
Centre, or even the concerned States, have been amended to make them con-
sonant with the relevant ‘features’ of governance in SA. In the state of Mad-
hya Pradesh the amendments were brought about in some of their individual
enactments and regulations so that they are in conformity to the provisions of
PESA but these amendments are not functional because rules have not been
framed. The State of Chhatisgarh has given effect to amendments and have
made them functional. In the state of Jharkahnd no elections could be held as
the Hon’ble High Court has struck down some provisions of the Kharkhand
Panchayat Raj Act, 2001 vide a judgement pronounced in WP (PIL) No. 2728
of 2002: Rakesh Kumar vrs the State of Jharkhand as also held the second pro-
viso to Section 4(g) of PESA ultra vires. The matter is pending consideration
of the Hon’ble Supreme Court. The state government has taken the position
that since elections have not taken place in Panchayats PESA is not imple-
mented in the state, However, in PESA the powers are vested in the Gram
Sabha which cannot be prorogued of adjourned and which continues in exis-
tence. The state government could have used the instrumentality of the Gram
Sabha for implementation of the law. The Committee regrets the fact that
even the central government has not taken the steps to put in place a system
of village governance in the SA. Istead the issues have been allowed to re-
main open ended. In the Andhra Pradesh the state Panchayati Raj Act has
been amended with the rider that “ to such extent and in such manner as may
be prescribed’ while such prescriptions have not been made.

3.9.2 The partial and perfunctory implementation faces the first hurdle at the
level of defining the ‘village’ that comprises the community, and ‘competence’
of GS to manage the affairs of the community in terms of its customs and tra-
ditions. Once these ‘features’ are incorporated in the legal frame, the para-
digm of administration at the village level would undergo a total transforma-
tion, with community at its centre and in a commanding position.

109
3.10 Need for establishing consistencies with the Land Acquisition
(Amendment) Bill, 2007

3.10.1 However, despite the inconsistencies in its implementation, the

PESA stands as constitutional safeguard to the Scheduled Areas. But the Land
Acquisition Act neither in its principal version, nor in its amended version in-
tegrates this protective legislation regarding land. It has to take note of the
requirements laid down in the PESA Act, 1996 and the State laws to operate
in consultation with the Gram Sabha of the concerned village. There is also a
SC judgment (Civil Appeals Nos 4601-02 of 1997) which directed as to how
land in SA has to be maintaining its ‘inalienable character’. On the other hand,
it has been observed that the acquisition authorities purposely resort to acqui-
sition of land for certain development projects in order to bypass these restric-
tions and take advantage of the fact that being a Central law. The acquisition
proceedings do not even recognize the existence of these protective legisla-
tions in their statutes.

3.11 Rehabilitation and Resettlement Issues and PESA

3.11.1 The Rehabilitation and Resettlement Policy and the Bill contain special
provisions for the project affected families belonging to the Scheduled Tribes
and Scheduled Castes. In respect of the Scheduled Tribes, a provision has
been made for preparation of a Tribal Development Plan. This plan would lay
down procedure for settling land rights not settled and restoring titles of Trib-
als on alienated land. It shall also contain a programme for development of
fuel, fodder and non-Timber forest produced resources on non-forest lands
where access to forests is denied in the resettlement arrangements. The provi-
sions also mandate consultation of the Gram Sabha or the Panchayat as per
the PESA, 1996 and a mode of settlement which helps them retain their eth-
nic, linguistic and cultural identity.

3.11.2 Therefore, the preparation of a Tribal Development Plan cannot

be based on a uniform, homogenized model which is also applicable to the
non-Tribal communities. The conceptual and structural frame of rehabilitation
and resettlement for them would have to be designed taking into account their
specific situations. This is particularly, necessary for tribes in the remote ar-
eas who are least exposed to the larger society and its pattern of living. There
is no indication in either the Policy or the Bill that this complexity has even
been visualized, let alone recognized and accommodated in their contents.
The approach inherent in the two documents is antithetical to the need for sit-
uation/tribe specific effort. The numerical benchmark laid down for applica-
tion of the Policy is a classic illustration of this lack of understanding and ap -
preciation. The Plan of rehabilitation and resettlement for Scheduled Tribes in
an affected area, therefore has to take into account a wide variety of factors
which may not be the same even for all affected persons of a single project.
Considerable freedom would have to be given to local officials both in terms of
framework as well as contents and resources in designing such plans suited to
specific groups entirely in consultation with the concerned communities, ex-
perts and anthropologists well versed with their situation. As the current

110
phase of occupation/procurement of land penetrates the interior most areas,
the resultant displacement could lead to extinction of some tribes causing un-
bearable strain on adjustment if they are exposed to a rehabilitation and re-
settlement pattern radically different from their traditional existence.

3.11.3 With regard to the Scheduled Castes, who are also a differentiated
group, the Resettlement and Rehabilitation Bill has made no preferential pro-
visions except suggesting preference in allotment of land if government land
is available in the resettlement area. The Scheduled Castes suffer from exten-
sive exclusion in the pattern of settlement, denial of access to resources,
labour and credit markets, employment opportunities and social facilities,
along with burden of economic dependency and wide variety of socially humil-
iating practices.

3.12 Environmental and Ecological Issues in Management of Land

3.12.1 “Environmental degradation and social injustice” are two sides of the
same coin. Environmental degradation can be caused both by nature and by
human action. In the case of the tribal heartland, the centre of the Naxalite
movement, it is overwhelmingly the latter which contributes to it.

3.12.2 One of the significant causes of environmental pollution and degrada-

tion in the recent times that has agitated substantial sections of populations in
different parts of the country has to do with careless mining. Geographical
distribution of fossil fuels, and metallic and non-metallic mineral reserves,
shows a high degree of concentration in central and eastern India. This im-
plies drastic changes in the existing land use from agriculture and forestry.
Mining is an unavoidable component of industrial development, but its full ef-
fect on the environment must be taken note of. Mining is carried out in two
ways: open cast and underground. Either way, the extraction of ore releases
extensive dust which spreads all around and spoils all elements of the environ-
ment – it makes the agricultural lands barren, pollutes water sources, denudes
forests, defiles the air and degrades the quality of life for people who live and
work in the area.

3.12.3 Environmental degradation resulting from industrial mining and other

development activities has created serious health problems for the local popu-
lation. A large number of occupational diseases are caused by dust from mines
and polluted air from industrial units.

3.12.4 Uranium mining and processing near the Subarnarekha River has even
caused radioactive pollution. In addition to the damage caused to the environ-
ment and its consequential effects, illegal mining and illegal practices in legal
mining compound people’s misery. The activities for exploitation of water re-
sources directly create conflict with the local population. Large dams by
changing the course of nature cause severe damage to the natural environ-
ment and rich biodiversity as they are located in ecologically sensitive re-
gions.
21

111
3.12.5 Not merely land, water and forests, even bio-diversity is being ex-
ploited for economic growth. This is done through massive expansion of
tourism which is seemingly projected as a people-friendly development activ-
ity with considerable distributive benefits. This too has adverse implications
both for ecology and local communities, which are not even recognized. The
other issue relates to the perceived adverse effects of the tourism industry on
tribal communities and the conflicts it would generate.

3.12.6 The Committee is of the view that while tourism is certainly a means of
earning money and augmenting the income of the tribals in absece of social
capital, participation and empowerment it also disturbs the existing cultural-
economy governance matrix of tribal life. Commercialization and foreign influ-
ences would trigger the process of disintegration of tribal society and its cul-
tural ethos leading to social degradation.23

3.13 Brief Analysis of the Major Issues: Special Economic Zone or

Special Exemption Zone

3.13.1 SEZ have been given the status of industrial townships as per
provisions of clause (1) of Article 234 (Q) of the Indian Constitution and
defined in Section 3.2 of SEZ Act (2005). The State Government will declare
the SEZs as Industrial Township Areas to function as self-governing,
autonomous municipal bodies. Once an SEZ is declared as an Industrial
Township Area, it will cease to be under the jurisdiction of any other local
body like- Municipal Corporation and Gram Panchayat. Moreover, the SEZ
Developer and Units would also be exempted from taxes levied by the local
bodies because of its self-contained local body. The status of “Deemed Foreign
Territory” to SEZs stands to undermine the institutions set up under PESA as
also the rights of the individual citizens.

3.13.2 The concentration of powers in the hands of Development

Commissioner at the state level and board of approvals in the Centre is
greatly going to challenge the local governance. The SEZ Act provides that
grievances related to the SEZ can only be filed with courts designated by the
State governments which will only be for trials related to civil and other
matters of SEZ. No other courts can try a case unless it goes through the
designated court first. Building of a physical boundary around the SEZ and
restricting entry to authorized person’s only means that it would be difficult
for any individual or civil society groups and independent agencies to enter
the area without prior approval of the Development Commissioner.

3.13.3 SEZ Act (2005) has no mention of the sources of water for the
proposed zones; leave aside the question of restrictions or impact assessment.
The SEZ Act of various states gives a blank cheque to the water requirement
for the zones. For example, the Gujarat Act says, “The SEZ developers will be
granted approval for development of water supply and distribution system to
ensure the provision o adequate water supply for SEZ units”.
23
Expert Group Report of the Planning Commission, 2008, Development Challenges in the Extremist Affected Areas.

112
3.13.4 As per the official website of the Mundra SEZ (Gujarat), it expects to
get at least 6 million liters per day from the Sardar Sarovar Project, as
promised by Gujarat Water Infrastructure Ltd. Critical water requirement
would be 400 million liters per day. The Comptroller and Auditor General of
India for Gujarat for the year ending on March 31, 2006 has already criticized
Gujarat government for extra allocation of 41.1 million liters per day water
from the Sardar Sarovar Project for industries. The CAG report said that this
will affect share of water for drought prone areas.

3.13.5 The water requirement, as given on the POSCO website, is 286 million
liters per day, will be procured from Jobra barrage on the Mahanadi River in
Cuttack, district in Orissa. The water for this is forced to come from the
upstream Hirakud dam. There is already an agitation against reservation of
water from the Hirakud dam for industrial purposes.

3.14 Environmental Impact Assessment (EIA)24

3.14.1 The new EIA notification, 2006 puts in place a system that not just
includes clearances at the central level (as earlier) but also in states, by
setting up of the State Environment Impact Assessment Authority (SEIAA). All
projects being covered under this notification have been divided into Category
A and B, supposedly based on their potential environmental impacts.

3.14.2 Category A projects are to be developed for an EIA based on a Terms of

Reference and presented to the MoEF. Category B projects are to be screened
and further sub-divided into B1 and B2, and the requirement of an EIA and
public consultation being dispensed for B2 projects. The MoEF termed the
categorization as being more scientific and systematic.

3.15 Major Exclusions

3.15.1 The notification excludes all building and construction projects

having less than 20,000 square meters built-up area like several shopping
malls and commercial complexes coming up in the cities and towns. Such
projects now have a separate clearance procedure under the Expert Appraisal
Committee (EAC) at the state level. These all have been kept under the
classification of B2 projects. The Committee notes with concern that thermal
power plants of 450 MW capcity is also being contemplated without proper
EIA studies.

3.16 Public Consultation

3.16.1 Earlier EIA standards maintained the provision of having a public

consultation. Though, it is not much in practice, the 1994 notification did
carry a notional view that public had a role to play in decision making. Now,
the new notification has brought a clause which states that for the finalization
of the EIA report ‘locally affected people’ would be summoned. There has
24
The Hindu, Survey of the Environment,2008

113
been a seven member committee that recommends on the issue of
environment clearance which has always been contentious. The EACs do not
include social scientists, ecosystem experts or NGOs. The same is the case
with committees that have been formed at the state level.

3.17 Monitoring

3.17.1 Monitoring of compliance of Environmental clearance is a critical

aspect of any regulatory regime especially after EIA has been cleared. The
new notification does not have more than a statement that the project
proponent has to submit a report after every six months. In some quarters
there are lingering doubts on the efficacy of setting up self-regulatory
mechanism in an era of neo-liberal competition.

3.18 Rejection of Clearances

3.18.1 Clause 4 of 1994 notification maintained that in case the project

proponent is providing false or misleading data, the project is liable to be
cancelled. Though in practice, it has hardly been brought to effect, it kept a
scope for accountability. The new notification has amended this to state that
rejection will not be given without giving a personal hearing to the project
proponent. The new notification does not have any mechanism by which the
public or citizens would be explained the consequences of the hearing.

3.18.2 Even in the existence of the EIA notification of 1994, the parties
proposing the project usually have an upper hand because the EIA were
funded by the project proponents themselves. In addition, the list did not
include many developmental/industrial projects which were reputed for their
environmental and social impacts.

3.18.3 There is no stated requirement of an assessment of the combined or

cumulative impacts of projects related to each other (mining and port) or one
coming up in an ecological unit (such as series of dams on a single river
basin).

3.18.4 The 1994 notification and thereafter even the 2006 notification don’t
appear to have addressed the environmental concerns fully, relating to
industrial growth and regulating its pace. Within 2 years of the amended
notification, the MoEF has cleared 1,736 projects whereas, from 1986-2006,
EIA had cleared 4,016 projects. The matter draws attention on account of the
fact that within two years, 9 states have already formed SEIAAs. The
Committee feels that taking a more realistic stock taking of the environmental
degradation of land so far could reveal a different picture and the would have
new concerns arising which need to be addressed.

3.19 Diversion of Forest Land for Development Projects

3.19.1 The quantum and nature of demand on forestland and the consequent
diversion of forestland for non-forest use pose issues that are larger than the

114
regular debates of growth, sustainability, rights etc. the increasing demand
under development projects are indicative of the inherent biases/weaknesses
of the policy making process. The sequence of actions/decisions in this
process involves actors that are unequal in terms of interests, endowment and
perspective.

3.19.2 The National Commission on Agriculture reported that from 1950 to

1976, approximately 4.3 million hectares forestland was diverted for non-
forestry use. Most of this diversion was for the purpose of agriculture that fol-
lowed by the Government’s ‘grow more food policy’ (GoI, 2006). 25

3.19.3 Approximately 0.5 million hectares of forestland was diverted for river
valley projects consequent to the modernization principle. Large areas were
also diverted for industries and townships (0.134 million hectares), infrastruc-
ture development (0.061 hectares) and miscellaneous uses (1.008 million
hectares).26

3.19.4 Till 1976, forests were in the State list and State governments were re-
sponsible for management of forest, including decisions related to diversion
for development projects and other uses. In 1976, the Central Government is-
sued guidelines to States to consult the government of India prior to diversion
of land more than 10 hectares for non-forest use. However, this was not com-
plied with by the states and diversion continued at the same rate.
3.19.5 The maximum diversion of forestland, according to Table- 3.1, has been
for the reason of regularization of encroachment in different states. However,
considering the fact that the new legislation in the country (STOF-
DRORA)27recognize that the people staying on these lands had rights that
were curtailed and hence needed to be bestowed on them.

3.19.6 For regularization purposes total diversion of forestland till June 2008,
was 776882.52 hectares. The next highest diversion is under the category of
‘Others’ (16.18 percent of total diversion). Excluding the extent of forest di-
verted for defense use, the diversion for mining, hydel and irrigation projects
constitute almost equal magnitude and the percentage is quite significant (ap-
proximately 29% for mining and hydel projects and 14.27% for irrigation
projects).

3.19.7 The maximum diversion took place in the last decade, that is, from
2001 to 2008 (June) approximately 55% of the total diversion of forestland oc-
curred from 2001 to 2008. The maximum diversion in 2006 was under cate-
gory “Other”, where the purpose of diversion is unclear. In 1989, maximum
forestland was diverted for the purpose of hydel power project. The Narmada
Sagar project itself involved diversion of over 90000 hectares, out of which
40332 hectares was forestland. This environmental cost of loss of forest was
assessed at Rupees 30923 Crores (NBA vs. Union of India).

25
Government of India, 2006, National Mineral Policy-Report of High Level Committee, Planning Commission, New
Delhi
26
Forest and wildlife Statistics (India 2004)
27
The Scheduled Tribes and other Forest Dwellers (Recognition of rights) Act, 2006.

115
3.19.8 The diversion details as shown in the Forest and Wildlife Statistics,
2004, reports the cumulative encroachment till 2004 as 954839.026 hectares
(Table-3. 2). On the other hand information from MoEF shows the area di-
verted as 926997.77 hectares, which accounts for a difference of 27841.256
hectares (Table 2). The state-wise diversion of forest area for developmental
projects in the country from 1980-2003 is shown in Table -3.3.

3.19.9 In Chattishgarh, the total forestland diverted from 1980 to 2003 was
17166.501 hectares, of which 67.22 percent was diverted for mining. 28 While
the diversion of forest in the abovementioned period may appear as a very
small percent of the total forest area, the importance of such diversion lies in
(a) the status of forestland diverted and thereby ecological impacts, (b) the na-
ture of livelihood dependence and impact thereby and (c) other impacts/exter-
nalities.

3.19.10 In Madhya Pradesh, the total diversion of forestland under the Forest
Conservation Act from 1980 to 1996 was 3790.35 sq kms or 379035 hectares,
including land diverted for regularization of encroachment (Forest Statistics,
1996).

3.19.11 In Orissa, 295 projects were approved, diverting 331.36 sq kms of

forestland29. Some sources stated that 27479.65 hectares of forestland was di-
verted from January 1989 to December 2006, out of which 11242.08 hectares
were cleared for 115 mining projects in the State. About 7375 hectares of
forestland was diverted for irrigation projects while 2551 hectares of forest-
land was diverted for industrial projects30.

3.19.12 According to recent ‘forest clearances’ offered by MoEF that clearly

indicated towards ‘neo-liberal agenda’ created critical pressure on forestland.
In the month of July-August 2008 itself, final forest clearance has been
granted to 35 projects including an area of 4544.396 hectares. The corre-
sponding figures are lower for hydel projects in the same period (at 148595
hectares and 10415 hectares respectively), but the earlier approvals and the
approvals for the large projects that are indicated, especially in the Northern
region and the North-Eastern region already indicate high pressure on these
geologically fragile and ecologically rich but sensitive areas.

3.19.13 A plethora of policies and institutional mechanisms like, Rehabilitation

and Resettlement Policy, the system of Compensatory Afforestation, the con-
cept of Net Present Value and likewise monitors that the impact of the exter-
nalities is reduced. Although, there have been improvements and changes, the
overall impact of these mechanisms and policies are less than satisfactory.
The status of compensatory afforestation in various States depicts the situa-
tion in the forestry sector. From 1980 to 2004, a total of 10807 cases were ap-
proved for diversion of an area of 954839.026 hectares. The stipulated area
for compensatory afforestation was 964542.48 hectares. The achievement

28
Web Reference: Source [Link]
29
Web Reference : [Link]
30
Forestland falling prey to mining operations, News article published in The Hindi, 22nd April 2007

116
against this target was only 71224.85 hectares, a dismal 7.38 percent. (Forest
and Wildlife Statistics, India, 2004).

117
Table -3.1: Diversion of forestland (category wise)
Category Area (in Ha) % of Total % of total
Diversion diversion
(excluding
encroachment)
Defense 124966.60 10.91 16.09
Dispensary/Hospital 105.80 0.01 0.01
Disputed Settlement 0.00 0.00 0.00
Claims
Drinking Water 1800.82 0.16 0.23
Encroachment 368414.98 32.17 -
Forest Village Conversion 40986.81 3.58 5.28
Hydel 111257.45 9.71 14.32
Irrigation 110835.40 9.68 14.27
Mining 112918.73 9.86 14.53
Others 185331.01 16.18 23.86
Railway 7042.42 0.61 0.91
Rehabilitation 17058.41 1.49 2.20
Road 28038.34 2.45 3.61
School 2539.91 0.22 0.33
Thermal 4491.74 0.39 0.58
Transmission Line 27734.98 2.42 3.57
Village Electrification 172.59 0.02 0.02
Wind Power 1601.51 0.14 0.21
Total 1145297. 50 100
Total (excluding 776882.52 -
encroachment)

118
Table-3. 2: Diversion of forestland for non-forest use (year-wise data)

Year Diversion Diversion (in Ha)

(in Ha) (Forest and Wildlife
(MoEF,2008) Statistics,2004)
198 1328.97 1331.7
1
198 3499.22 3674.32
2
198 5053.19 5100.51
3
198 9341.75 9348.9
4
198 7358.19 7676.83
5
198 9185.1 9310.45
6
198 26178.53 25925.97
7
198 17539.2 4868.71
8
198 66660.28 66768.09
9
199 23141.33 127361.79
0
199 5002.94 5065.35
1
199 8259.6 21756.77
2
199 15998.7 16182.51
3
199 14916.83 59962.02
4
199 22871.08 51428.98
5
199 16934.51 32862.55
6
199 23038.24 24738.43
7
199 15072.37 18425.21
8
199 44294.31 45784.41
9
200 18923.51 22386.43
0
200 62150.06 267897.61
1
200 48724.52 51172.31
2
200 34675.24 42729.68
3
200 61,205.31 33,079.49
4
200 36168.39 -
5
200 107677.64 -
6

119
200 62149.58 -
7
200 9533.93 -
8
Tota 776882.52
l
Source: Data from MoEF and from Forest & Wildlife Statistics, 2004

Table-3. 3: State-wise Diversion of Forest Area for Developmental Projects in India (1980-
2003)

States/UTs Approved Cases During 1980-

2003
Number of Area Diverted (In
Cases Hectare)
Assam 134 6300.871
Arunachal Pradesh 103 44291.167
Andhra Pradesh 301 17062.802
Andaman & Nicobar 65 2432.039
Islands
Bihar 143 7135.941
Chandigarh 14 34.479
Chhatisgarh 63 1972.850
Dadra & Nagar Haveli 143 264.583
Danman & Diu 0 0.00
Delhi 3 3.965
Goa 68 1309.534
Gujarat 830 55977.361

Haryana 359 7980.507

Himachal Pradesh 576 9860.271
Jammu & Kashmir 8 1500.085
Jharkhand 31 1444.892
Karnataka 446 36519.132
Kerala 182 40729.082
Manipur 18 986.849
Meghalaya 79 495.179
Madhya Pradesh 886 372658.178
Mizoram 25 28276.933
Maharashtra 1274 79932.454
Nagaland 0 0.00
Punjab 570 10059.523
Orissa 326 29377.785
Sikkim 159 1488.740
Rajasthan 447 16735.836
Tamil Nadu 344 4504.810
Tripura 179 5711.788
West Bengal 69 3377.042
Uttar Pradesh 858 75907.598
Uttaranchal 1655 8459.716
India 10358 872791.991
Source: Rajya Sabha Unstarred Question No.395, dated 05.12.2003

3.20 Findings from the Field

120
3.20.1 Data for such a study is available only till 1994. In 1994, according
to government sources, the total area of land degraded due to industrial and
mining waste stood at 2.53 lakh hectares. The highest amount of land
degradation was from water erosion which stood at 571.55 lakh hectares. In
total, this stands at 574.08 hectares. Both these kind of degradation happens
only from two reasons, felling of trees and industrial establishment which
does not have any waste management.31

3.21 Case Studies

3.21.1 Lead and Zinc Ore: EIA of Lead-Zinc mining of Dariba-Bethumni

mineralized belt in district Rajasamund was carried out by Geological Survey
of India (GSI). It was observed that impact of activities of mining-milling,
solid/liquid disposal, transportation, construction of civil amenities and
plantation have been assessed using Leopold-matrix analysis (See Box below).

Leopold Matrix Procedure of Evaluating Environmental Impact

It is semi-quantitative graded matrix to assess overall impact of mining and related
activities on environment. Matrix method basically incorporates a list of project
activities in row and environment parameters in column. Impact assessment is weighted
from total score on a scale as below:

TIS Impact Assessment

Upto (-) 1000 No appreciable impact

(-) 1000 to (-) 2000 Appreciable but not injurious,

general mitigation measures are important

(-) 2000 to (-) 3000 Significant impact on

environment, environmental control measures to be taken

(-) 3000 to (-) 4000 Injurious impacts to environment

(-) 4000 to and above Alternate site for the proposed

project to be selected outside the buffer zone

3.21.2 Adverse impact of mining in the form of depletion of ground water

table, deterioration in quality, land subsistence, air and noise pollution,
accidents, hazards, soil toxicity were noted. Discharge from tailing ponds and
waste disposal site contaminate surface and ground water. Soil contamination
by fine dust from crusher and mill caused 50-500% increase in “Cu” 70-1100%
in “Pb”, 70-1100% in Zn and 55-160% in “Ni” in the soil as to black ground
values. Alarming increase in pH, TDS, EC, SO4, CI, F, Na, K, Ca, BOD, COD
values were noted. Total environment impact score of 2750 suggested
significant impact, requiring environmental management.

3.21.3 GSI in year 2002 made EIA studies in Agucha-Zinc and lead mine. It
was observed that blasting activity and leakage of pollutant from tailing pond

31
Draft report on Status of Land Degradation in India: [Link] Agriculture &Co-operation,[Link] India

121
caused damage to soil and ground water near the mine. High contents of Pb in
the soil of adjacent agriculture fields were recorded. While in case sand stone
quarries at Bijolian (Distt. Bhilwara), change in land use pattern, blocking of
channels, depletion of ground water are some of the negative impacts
reported.

3.21.4 Copper Ore : EIA study of Khetri copper mine was conducted by GSI
in 2002-04. Impact of mining in polluting ground water was noted in the form
of high alkalinity (pH 8-12), TDS 3900 ppm, Chlorides 560 ppm and Sulphate
contents were found to be 2075 ppm (due to oxidation of sulphide released
from mine effluent all along the Sukhnandi passing through Khetri mine are to
Gothra and Muradpur). Well water samples were found to have high
concentration of TDS chloride, Nitrate, Sulphate; Ground Water in these areas
is not suitable for drinking purposes.

3.21.5 Kota Stone: Kota stone, a minor mineral, is a dimensional stone used
for flooring. Most of the reserves are found around Ramganj mandi. A study
has revealed that waste dump accumulated over 50 years are estimated to be
over 100 million ton and stretched over a length of 35 km all around Modak-
Ramganj mandi. These wastes are stacked in the fertile land or dumped along
the road side or into the river courses, causing extensive land degradation.
Aesthetically too these dumps are damaging the otherwise beautiful
landscape.

3.21.6 Lignite: Central Arid Zone Research Institute, Jodhpur has carried out
a study on open cast mining of lignite in Barmer. It was found that refilled
mining pits (spoils) remained barren and the material near the surface
spreads to adjoining fields through wind and water erosion thereby
deteriorating soil productivity. Spoils had pH above 8.7 and high Na+
contents (1.59 mg/g soil) but low in available nitrogen and phosphorus and
showed low dehydrogenate and phosphatasis activity but no nitrification. The
technique of surface modification was attempted to restore the productivity of
land and after three years of stabilization, modified spoil site had shown
improvement in quality of soil.

3.21.7 Flooring-Wall Cladding Tile: Large scale land degradation can be

observed in sand quarry areas producing slabs and flooring tiles in Karoli,
Dholpur, Bijolian, Fedusar (Jodhpur) and Bansi Paharpur (Bharatpur). The
formation is in alternate beds of splitable and non-splitable beds. Non-
splitable beds are 1-3 meters thickness which are blasted and removed as
waste. This results in huge quantity of waste scattered around working pits.
This is impairing the utility of land and obstructing the drainage system.
Cases of silicosis and bronchitis are often reported from sites of slate, sand
stone and asbestos mines.

3.21.8 Such instances only represent a miniscule part of the problem. The
correct extent of the problem has to be assessed first and then they have to be
addressed at the policy level for which the following recommendations would
be in order.

122
Recommendations

i. Environmental Impact Assessment provisions as of now are typically

very lax and do not serve the desired purpose of accountability. There-
fore, assessment independent of the influence of the concerned enter-
prises should be conducted on a regular basis. 32 It is strongly recom-
mended that GSI, which is the concerned department is immediately
sanctioned an assignment of carrying out an EIA of all the projects ap-
proved so far by the Ministry of Environment & Forests so that an objec-
tive assessment of the prospective environmental hazards are under-
stood.
ii. Indiscriminate, large-scale, ecologically damaging, socially harmful
transfers of Agricultural land to non-agricultural use should be checked.
iii. All medium to large-scale transfer of land from agricultural to non-
agricultural use should be subject to an environmental protection
clause, and its strict implementation. There should be ban on conversion
of agricultural land for non agricultural purposes.
iv. There should be a regulatory authority at district level for monitoring
the land, forest and water issues emerged after set up of mining,
industry and/or any development projects.
v. There should be fast track courts for settling of the grievances
registered during EIA public hearing.

32
Report of the Sub Committee on Land, Planning Commission (2006),Report of the Expert Group on Prevention of Alienation of
Tribal Land and its Restoration , Ministry of Rural Development (2006),Report of the PESA Enquiry Committee, Ministry of
Panchayati Raj(2006),Report of the Governor’s Committee, GOI (2005)

123
Chapter Four

Alienation of Tribal and Dalits Lands

4.1 Land and Social Hierarchy - Dalits and Adivasis in India

4.1.1 Land is not merely an important economic asset, its ownership is also
socially valued, sought and denied. In rural societies, ownership of land was
and to a large extent is still co-terminus with social status. Hence, its unequal
distribution reflects both prevailing social stratification and also helps
maintain the hierarchical structure of the society. In contrast, fair distribution
of land strikes directly at the roots of an unequal social order and skewed
power relations, and frees the marginalized from the clutches of perpetual
bondage, for want of a sustainable livelihood. The landless, whose only
remaining asset is their labour, are effectively separated from the other
means of production, namely land and remain dependent on large land
holders for their survival. Powerful landlords have always opposed land
reforms, fearing not only loss of control of assets, but also their dominant
position in society, which straddles the economic and the political realms. The
denial of access to land, thereby, functions both as a means of exclusion as
also a mechanism of bondage. Table 4.1 shows the operational holdings of SCs
and STs in some states.

Table- 4.1: Operational Holdings Among SCs & STs

Operational Holdings of SCs & STs

Dalits Adivasis
Number % Area % Number % Area %
1981 199 1981 199 1981 1991 1981 1991
1 1
Andhra Pradesh 12.2 12.7 6.87 7.5 6.42 6.9 6.29 7.2
6
Bihar 8.16 11.6 4.51 5.2 7.54 7.8 16.25 16.1
Gujarat 4.06 4.1 3.08 3.2 10.9 11 8.05 9.1
2
Karnataka 8.49 11 5.99 8.1 3.71 4.9 3.47 5
Kerala 8.54 9.6 2.44 2.8 0.98 1.2 1.5 1.9
Madhya Pradesh 12.8 12.6 7.93 8.1 25.1 24.7 24.84 25.2
5 1
Maharashtra 6.81 8 4.48 6 6.02 6.7 6.08 7.3
Orissa 12.1 13.7 7.86 8.6 27.5 26.6 29.9 28.7
7 8
Punjab 5 4.8 2.54 2.4 0 0 0 0
Rajasthan 14.2 14.7 11.3 11.7 15.3 15.4 8.35 8.4
6 1 6
Tamil Nadu 7.84 11.3 4.92 7.1 0.67 0.8 1.01 1.2
Uttar Pradesh 14.7 16.4 9.24 10.5 0.16 0.2 0.28 0.3
7
West Bengal 23.5 23.2 19.3 19.7 7.08 7.3 6.59 7
8 7
All India 11.3 12.5 7.03 7.1 7.71 8.1 10.2 10.8
1
Based on NSS 1992

124
4.1.2 The pattern of land distribution in India, therefore, reflects the existing
socio-economic hierarchy. While large landowners invariably belong to the
upper castes, the cultivators belong to the middle castes, and the agricultural
workers are largely dalits and tribals. According to the 1991 census, 64
percent of dalits and 36 percent of tribal people were agricultural labourers
who own no land and work as unregistered sharecroppers, un-recognized
temporary or informal tenants or agricultural labourers for subsistence
without any security. The National Sample Survey of 1992 reported that 13.34
percent of the dalits and 11.50 percent of the tribals were absolutely landless.
While, in 1997, the Ninth Draft Plan Paper, placed 77 percent of the dalits and
90 percent of the tribals as either de jure landless or de facto landless in
India. No uniform data on these categories is available in the country and the
discrepancies in the data on landlessness from different government sources
raise obvious questions of reliability. But at the same time, the data of
absolute landless families proves that that the safety net of the land reforms
programmes still does not cover the tribals and much remains to be done by
revisiting our programmesand policies relating to the tribal communities.

4.2 Tribal India – Land and People

4.2.1 The tribal people as they are, referred to in the law and constitution,
and considered as the descendents of the original inhabitants, are largely
located in the hilly tracts of Central and North Eastern India, Andaman and
Nicobar Islands. Small populations are scattered in the hilly tracts of the
southern states and Himachal Pradesh. While curbs on in-migration have
ensured higher community concentrations in the North-Eastern States, large
scale in-migration have reduced the tribal people to a minority in most of the
States in the central Indian tribal tract. As will be observed later, tribal land
alienation is integrally related to in-migration of non tribal people, with Dadra
& Nagar Haveli as a very notable example. Table 4.2 gives an idea of the
distribution of tribal communities across the nation.

Table – 4.2 : Distribution of Tribal Population

1 Arunachal Pradesh, Dadra & Nagar Haveli,

60-95 %
Lakshadweep, Meghalaya, Mizoram, Nagaland.
2 Chhattisgarh, Jharkhand, Madhya Paradesh, Manipur,
20-35 %
Orissa, Sikkim, Tripura.
3 Andaman and Nicobar, Assam, Daman & Diu, Gujarat,
10-15 %
Jammu & Kashmir, Rajasthan.
4 Andhra Pradesh, Karnataka, Maharastra, West
5-10 %
Bengal,.
5 Bihar, Goa, Himachal Pradesh, Kerala, Tamil Nadu,
Less than 5 %
Uttarakhand, Uttar Pradesh.
Source- Based on Data from 2001 Census

4.2.2 As mentioned above, the concentration of tribal communities is in the

hilly tracts of the central Indian states. Chattishgarh, which was carved out of
the state of Madhya Pradesh about a decade ago, has the highest proportion
of tribal people, followed by Jharkhand. Both these states were seen as tribal
majority states at the formation, a fact that is far from the reality. In none of

125
the states are the tribal people a significant proportion of the population,
spread over the fertile plains and the hilly tracts, a situation that prevailed at
the time of independence. However today, a significant proportion of the
tribal people have been pushed out of the lower plains and are concentrated
in pockets, generally in the hilly tracts with poor soils and low productivity.
Table 4.3 provides tribal population in central Indian states.

4.2.3 Three hidden features of Table 4.3 are worth looking at this stage. The
first is the demographic profile of the nine States to which PESA is applicable,
which reveals a significant presence of tribal people therein. This dispensation
placed a special responsibility on the executive to protect the tribal realm, but
to little avail. This dispensation conferred enormous powers on the head of the
executive. The Committee, however, notes that these powers by and large,
have not been used in the last six decades in the interest of the tribals. The
second is the presence of minerals in the all the states under the fifth
schedule dispensation. This process of acquisition of land for development has
had the effect of displacement of the tribals who have turned into ‘ecological
refugees’. The process continues and the minerals which are considered as
the building blocks of modern India, have put the tribal people at further risk
of losing their land through acquisition and disruption of their societies and
economies. A third feature is the presence of left wing extremist organizations
and parties in the tribal pockets. Left without an alternative, either in the
government or non government organizations, and left to a harsh fate of
unmitigated exploitation, the tribal people initially gave the Naxalites succor
and now have become their base. Most tribal areas in Central India are the
abode to the Naxalites, whose presence is a response both to past and future
land alienation, the failure of the government to live up to its constitutional
mandate and the withdrawal of the state from its responsibility to protect the
tribal realm.

Table – 4.3 : STs Population in Central Indian States

(Population in ,000)
No State Total Population ST %
Population
1 Lakshadweep 61 57 94.5
2 Dadra & Nagar Haveli 220 137 62.2
3 Chattishgarh 20,834 6,617 31.8
4 Jharkhand 26,949 7,087 26.3
5 Orissa 36,805 8,145 22.1
6 Madhya Pradesh 60,348 12,233 20.3
7 Gujarat 50,671 7,481 14.8
8 Rajasthan 56,507 7,098 12.6
9 Maharashtra 96,879 8,577 8.9
10 Andaman and Nicobar 356 29 8.27
11 Daman and Diu 158 14 8.8
12 Andhra Pradesh 76,210 5,024 6.6
13 Karnataka 52,851 3,464 6.6
14 West Bengal 80,176 4,407 5.5
15 Uttarakhand 8489 256 3.0
16 Himachal Pradesh 6,078 244 4.02
17 Tamil Nadu 62,406 651 1.04
18 Bihar 82,999 758 0.9
19 Goa 1348 566 0.03

126
20 Uttar Pradesh 1,66,198 108 0.01
Source- Based on Data from 2001 Census (Figures in Thousands)

4.3 Laws Concerning Tribal Lands

4.3.1 Laws concerning alienation of tribal lands began as a response of the

colonial administration as a response to tribal uprisings. The first law its kind
began with the Santhal Parghanas Tenancy Act in 1854, followed by the
Agency Tracts Interest and Land Transfer Act in 1917, followed by the Chhota
Nagpur Tenancy Act in 1924. All these acts were the precursors of modern
day tenancy legislations. Land emerged as a vital issue of the peasants in
the freedom movement and the Congress Party recognizing the significance of
emancipation of the peasant from the clutches of the intermediaries, resolved
to pass laws to that effect. Several land laws were passed during Home Rule
by the local governments. Post independence the promulgations of the
Abolition of Zamindari Act in 1950 followed by the passage of Tenancy
legislation in 1957. Ironically the passage of Tenancy legislation resulted in a
large number of tribal cultivators losing their lands to land lords using
loopholes in the law and a pliant revenue administration. Ironically, the
emergence of the Naxalite movement in West Bengal in late 1960s, forced
state governments to re-examine the issue of tribal land alienation and
realized that land loss was widespread in tribal areas. The response was a
number of protective legislations across the country. The Table - 4.4 lists out
protective and restorative legislations of the numerous states. The large
numbers of legislations however is no guarantee or indication of
efficaciousness of the legislation.

Table – 4.4: Legislations for Protection of Tribal Land

S No State Legislation in force Main features

1 Andhra (a) The Andhra Pradesh Prohibits all transfer of land to non-
Pradesh (Scheduled Areas) Land Transfer tribals in Scheduled Areas. Authorizes
Regulation, 1959, amended by government to acquire land in case a
The Andhra Pradesh (Scheduled tribal purchaser is not available.
Areas) Land Transfer There is, however, no legal protection
(Amendment) regulation, 1970, to ST land outside the scheduled areas.
1971, and 1978.
Assam The Assam Land and Revenue Chapter X of regulation prohibits
Regulations 1886, amended in alienation of land in tribal belts and
1981. blocks.
2 Arunachal Bengal Eastern Frontier Prohibit transfer of tribal land
Pradesh Regulation, 1873, as amended.
3 Andaman & Andaman and Nicobar islands Protects tribal interest in lands.
Nicobar (protection of aboriginals’ tribes)
Islands regulation, 1956.
4 Bihar (a) Chhota Nagpur Tenancy act, Prohibits alienation of tribal land and

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Jharkhand 1908. provide for restoration of alienated
(b) Santhal Pargana Tenancy Act, land.
(supplementary provision) 1940.
(c) Bihar Scheduled Areas
Regulation, 1969.
5 Chattishgarh (a) Sec 165 & 170 of Madhya Sections 165 and 170B of the code
Pradesh Land Revenue Code, protect STs against land alienation. The
1959. 1964 Act is in force in the scheduled
(b) Madhya Pradesh Land areas.
Distribution Regulation Act, 1964.
6 Dadra & Dadra & Nagar Haveli Land Protects tribal interest in lands
Nagar Reform Regulation, 1971.
Haveli
7 Gujarat Bombay Land revenue (Gujarat Prohibits transfer of tribal land and
Second Amendment) Act, 1980. provides for restoration of alienated
land.
8 Himachal The Himachal Pradesh Transfer of Act prohibits transfer of land from
Pradesh Land (Regulation) Act, 1968. tribals to non-tribals.
9 Karnataka The Karnataka Scheduled Caste Act prohibits transfer of land assigned
and Scheduled Tribes(Prohibition to SCs and STs by government. No
of Transfer of Certain Lands)Act, provision to safeguard SC/ST interest in
1975. other lands.
10 Kerala The Kerala Scheduled Tribes Ac of 1975 made applicable with effect
(Regulation of Transfer of Land from 1st June, 1982 by notification of
and Restoration of Alienated land) January, 1986 prohibits transfer of land
Act, 1975. of tribals and provides for its
restoration.
11 Lakshadwee Lakshadweep(Protection of Prohibits transfer of tribal land.
p Scheduled Tribes) Regulation,
1964

12 Madhya (a) Sec 165 & 170 of Madhya Sections 165 and 170B of the code
Pradesh Pradesh Land Revenue Code, protect STs against land alienation. In
1959. the scheduled area of Madhya Pradesh
(b) Madhya Pradesh Land and Chattishgarh, the 1964 act is in
Distribution Regulation Act, 1964. force.

13 Maharashtr (a) The Maharashtra Land Prohibits alienation of tribal land and
a Revenue Code, 1966, as amended provides for restoration of both
in 1974. illegally and legally transferred lands of
(b) The Maharashtra (Restoration a ST.
of Lands to Scheduled Tribes) Act,
1974.
14 Manipur The Manipur Land Revenue and Section 153 forbids transfer of land of
Land Reforms Act, 1960. STs to non- STs without permission of
DC. Act not been extended to hill areas
and hill area tribals not covered.
15 Meghalaya Meghalaya Transfer of Land Prohibits alienation of tribal land
(Regulation) Act, 1971.
16 Nagaland Bengal Eastern Frontier Prohibition of land transfer of tribal’s.
Regulation, 1873 and Assam Land
and Revenue Regulation, 1866, as
amended vide Nagaland Land and
Revenue Regulation (Amendment)
Act 1978.
17 Orissa The Orissa Scheduled Areas Prohibits transfer of ST land and
Transfer of Immovable Property provides for its restoration.
(STs) Regulation, 1956.

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The Orissa Land Reforms Act,
1960,
18 Rajasthan The Rajasthan Tenancy Act, 1955, Section 175 and 183B specifically
The Rajasthan Land Revenue Act, protects tribal interest in land and
1956. provides for restoration of alienated land
to them.
19 Sikkim Revenue Order no. 1 of 1917 Order of 1917 still in force.
The Sikkim Agricultural Land Chapter 7 of 1977 restricts on
Ceiling and Reform Act, 1977 alienation of lands by STs but is not in
force.
20 Tamil Nadu Standing Orders of the Revenue BSO 15-40 applies only to Malayali and
Board BSO 15-40. Law against Soliga tribes. Prohibits transfer of
land alienation not enacted. assigned land without approval of DC.
21 Tripura Tripura Land Revenue and Land Act prohibits transfer of ST land to
Reform Act, 1960, as amended in others without permission of DC. the
1974. collector. Only lands transfer after
1.1.1969 are covered under restoration
provision.
22 Uttar U.P. Land Laws (Amendment) Act, Provide protection of tribal land. But
Pradesh/ 1981, amending Uttar Pradesh amending act is not applied and stayed
Uttarakhan Zamindari Abolition and Land by Allahabad High Court in Swaran
d Reforms act, 1950. Singh Vs State Govt 1981.
23 West West Bengal Land Reforms Act, Chapter II-A prohibits alienation of
Bengal 1955, as amended tribal land and provides for restoration.

4.3.2 The list of legislations is long and impressive, however, not only have
the prohibitory legislations failed to stem the tide of tribal land alienation,
these laws have also failed to restore the lands of over half of tribal claimants
for restoration. Take the case of Kerala, a recognized progressive state. The
law of restoration was passed in 1975, made applicable in 1986, but ironically
less than two decades after the law was passed, the legislature passed a law
rescinding or withdrawing the law passed in 1975 on the grounds that the law
cannot be implemented as eviction of the illegal encroachers on tribal land
would result in law and order problems. This fact has been acknowledged by
the state government. The President of India, however, rejected the law
pertaining to withdrawal of the application of the Tribal Land Restoration Act
of 1975. So the state of Kerala continued in the situation of a legal impasse till
the High Court of the state directed it to implement the Act, which continues
to drag its feet. The Committee understands the dilemma with which the state
government of Keral is faced- where it to do justice to the margainalised
sections of the society like the tribals it stands to antagonise such people who
have stand to profit from the encroachment over the tribal rights. This would
be true of all state governments facing this kind of challenge. This also has its
political ramification. A state seeking to implement restoration laws runs the
risk of losing vital grassroots leadership and cadre of the party, a vital link
towards mobilization of the ‘masses’ so very necessary for success at the
hustings. This presents a Hobson’s choice which few state governments would
readily acknowledge. Table 4.5 provides data on the tribal land alienation in
states with Schedule V areas.
Table – 4.5 : Adivasi Land Alienation and Restoration in India

States Claims Filed % Rejected % Pro Tribal % Pending

Claims Area Claims Area Claims Area Claims Area
Andhra Pradesh 65,875 287,776 48.18 52.20 40.19 36.91 11.63 10.88

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Assam 2065 4338 61.76 24.15 00.6 00.4 14.54 74.47
Chattishgarh 47993 NA 50.94 NA 48.17 15583.88 00.90 NA
Gujarat 47,926 140,324 00.25 00.35 84.05 85.65 15.70 13.99
H.P. 3 5 0 0 0 0 0 0
Madhya Pradesh 53,806 158,398 55.05 61.32 10.00 10.00 44.95 38.68
Maharashtra 45,634 NA 54.08 NA 43.70 NA 2.21 NA
Orissa 1,431 1,732 10.62 11.92 30.89 35.75 58.49 52.34
Rajasthan 651 2,300 8.14 8.13 28.73 25.72 63.13 66.35

Source: MoRD – GoI & States

4.3.3 Looking closely at restoration claims, the Table 4.5 is revealing. States
with Fifth Schedule districts, with the exception of Gujarat where one
observes a very high percentage decisions in favour of the tribal claimants,
the picture in the other states of the number of rejected claims is disturbing.
The percentage of rejected claims is very high in the states of Assam, Andhra
Pradesh, Chattishgarh, Madhya Pradesh and Maharashtra, crossing the half
way mark in four of the five states, notwithstanding the ‘legal presumption’
being in favour of the tribal person. It appears that the burden of proof was
placed on the tribal claimant to his/her disadvantage, when the spirit of the
law was the opposite. Even in these states, handing over of actual possession
remains a question mark. The case of Madhya Pradesh is alarming. The
number of rejected and pending claims accounts for 90 percent of the total
claims, while it is 76 percent in the state of Assam, 69 percent in Orissa, 56
percent in Maharashtra, and 52 percent in Chattishgarh. This leads to the
conclusion that the present schematic and legal arrangement for the
restoration of tribal lands has not been successful on account of a number of
factors including the political ramifications of such steps, the ineffective and
inefficient revenue machinery and the convergence of interests amongst the
political groups, the bureaucracy and the classes alienating the tribal lands.
The Committee attributes the failure of the state governments to act on behalf
of the tribals to a political choice.
4.3.4 Second, operation of the principle of estoppels, which could apply to a
large number of the rejected claims. Studies of restoration in Thane district of
Maharashtra indicate that a large number of claims for restoration were cases
filed on behalf of tenants who were eligible for the right of ownership under
the tenancy act, but whose names were deleted illegally. As a large number of
proceedings were filed suo moto by the revenue officials after examination of
the records and no notice was served on the claimant, these cases were
disposed off. The present legal system will exclude all such claims in the
future on grounds of estoppels. Similar legal reasoning can be extended to
other states as well. Third, the issue is that of un-recorded tenants or those
whose tenancies were illegally terminated or surrendered, needs special
attention. The absence of records and shifting the burden to the tribal
claimant have also excluded large numbers of tribal claimants from their right
to the land.

4.4 Forms of Tribal Land Alienation

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4.4.1 The data gathered from the village studies and from the records of the
various governments all point out to the inescapable conclusion that
alienation of tribal land continues. To the contrary there is evidence that
there is a rising trend in the alienation of tribal lands in areas where is larger
incidence of irrigation, modernization of agriculture, growth in non-farm
activities, commercialization and capitalization of agriculture,
industrialization and urbanization are in evidence. Four apparent forms of
tribal alientation have disussed below.

4.5 Erosion in the Corpus of Tribal Lands due to State Sponsored

Processes

4.5.1 Acquisition for highways, mining industries, cities, special economic

zonesin the absence of a strong ‘land-for-land’ rehabilitation provisions and
stringent implementation is only likely to add to the number of tribals
alienated from their lands.

4.5.2 Colateral land alienation due to due to pollution, erosion and land
damage in the zone of influence is yet another form. Studies on the impact of
mining projects have shown that the collateral loss of land due to effluents has
rendered communities landless in the downstream areas. Jadugoda in
Jharkhand is an extreme case where radio-active tailings from the uranium
mines from the tailing ponds rendering not only the land dangerously
uncultivable but also expose the tribal people to serious health hazards [CSE
Citizens’ Report, 2008- Rich Lands Poor People]

Recommendations

a. The letter and spirit of the ‘Samata Judgement’ be enforced in all

acquisition of tribal land for private companies.
b. Consultation of the Gram Sabha should be held as ‘Prior In-
formed Consent’ as provided in the ST&OTFD (Recognition of
Forest Rights) Act 2006 and strictly enforced.
c. The Gram Sabha should also be involved in the Joint Survey and
its assent to the correctness of the Joint Survey should be made
mandatory.
d. Land for Land be made a fundamental requirement for acquisi-
tion of tribal lands. The land rendered fit for cultivation be
handed over to the proposed oustee prior to acquisition together
with costs of cultivation for 3 years. In addition to Solatium, com-
pensation must include opportunity cost, loss of access to forest,
minor forest produce and other well-being costs which the oustee
will bear in the place of relocation.
e. The zone of influence of the project should be considered the ac-
quired area and all affected persons be considered ‘displaced’.
The acquiring agency must review the assessment of the ‘zone of
influence’ every ten years during the lifetime of the project.

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4.6 Land Alienation - Using the Legal Instrumentalities of the State

4.6.1 This takes place with the knowledge and direct or indirect participation
of revenue functionaries and officials at various levels. Revenue courts have
passed orders based on unverified evidence and doubtful interpretations of
law. Instances of such connivance of the revenue officials with the landlords
resulted in widespread land alienation, particularly during implementation of
tenancy laws. In Maharashtra, for example, the number of tribals rendered
landless increased with the implementation of the tenancy act following
evictions based on wrong facts and doubtful interpretations. In some of the
cases, alienation of land is pursuant to orders of civil courts which adjudicate
revenue matters pertaining to tribal land based on the manipulated records
issued by revenue functionaries.

(i) Defective surveys and settlements and no- recording of possession have
been serious issues right from the time of the British in the 1850s. The last ex -
tensive survey and settlement in India was conducted two to three decades
prior to independence. Post-independence, some states have not undertaken
revisional survey and settlement so far. Even in states where revisional survey
and settlement process has taken place, the colonial principle of res nullius
was adopted by the authorities. As a result, large tracts of community held
land were recorded as ‘government land’ in the Survey and Settlement
Process in Orissa in the 1970s, resulting in a situation of alienation of tribal
land on a massive scale.

(ii) Irregular or inaccurate enjoyment surveys. Post independence ‘enjoy-

ment’ surveys have been few and far between. In the absence of enjoyment
surveys, unrecorded tenants have lost the lands which they have tilled, some-
times over two generations, for want of documentary record. The non-involve-
ment of the gram sabha in verification of actual possession and enjoyment of
the land has resulted in the lack of transparency and manipulation of records.
4(d) of PESA recognizes the competence of Gram Sabha to safeguard and pre-
serve its community resources while 4(m) ensures that the Gram Sabha is en-
dowed with the powers to prevent alienation of land and restore alienated
land.
(iii) Permissions granted for purchase of tribal land by competent authorities
and conversion of agricultural land into non-agricultural land to evade the re-
strictions of the prohibitory laws and impropriate or illegal orders in land
transfer matters. This is a rampant practice as new roads and highways open
up the tribal hinterland. Most state laws require prior permission of the DC
for transfer, which is generally obtained by obliging DCs without considera-
tion of the impact of such sale or consultation and consent of the local vil-
lagers. Another way is to bypass the DCs, who refuse to oblige, by converting
the agricultural land into non-agricultural land with the help of local revenue
functionaries, which makes the sale less cumbersome. A third way is the use
of 99 year leases, which effectively are leases in perpetuity. Hereto the offi-
cials turn a blind eye. The fourth way is to retain the tribal as a sleeping part -
ner with no rights to profit sharing. This appears to be the method being fol-

132
lowed alongside roadways. In the absence of control of the Gram Sabha, these
practices continue, as there is no restraint on the revenue officials.

(iv) Inefficacious implementation of restoration legislation by the revenue

authorities has been the bane of implementation of protective and welfare
laws relating to land and land based resources. No efficacious mechanism has
been evolved by the state governments to handle the failure of the revenue
bureaucracy to uphold the constitution and the rule of law. The only credible
legal avenue available to the tribal people is their community. PESA therefore
provided a specific provision calling upon the state legislatures to empower
the Gram Sabha. The introduction of Sec 170(b) in the Madhya Pradesh Land
Revenue Code as mandated by PESA was an important departure from bu-
reaucratic thinking. But the amendment was a non-starter in the absence of
rules, regulations and notification. None of the other states have even contem-
plated an amendment to that effect.

Recommendations

(i) The Gram Sabha should be recognized as the Competent Author-

ity’ for all matters pertaining to transfer of tribal land whether by
sale or by lease, for restoration of alienated tribal lands, and for
maintaining the land records. The Land Revenue Codes and other
relevant laws should be suitably amended.
(ii) The Gram Sabha should be empowered to function as a Compe-
tent Authority with the necessary capacities and skills and magis-
terial powers pertaining to land and land matters.
(iii) A committee of educated youth elected by the Gram Sabha be
trained in necessary functions of measurement, marking of
boundaries by GPS technology, verification of entries and mainte-
nance of records.
(iv) Entries to the RoR will be made by the Patwari or the Village Offi-
cer only on a specific resolution of the Gram Sabha. Records will
be retained at the Office of the Gram Panchayat and made avail-
able on specified days.
(v) The informed consent of the Gram Sabha should be a prerequi-
site before permission to acquire, purchase, lease or transfer is
granted.

4.7 Paradigm of Land Alienation

4.7.1 Land alienated by non tribals through numerous routes with the active
connivance of the local revenue functionaries and the passive connivance of
the higher revenue authorities. Some of these are:

a. Informal, Unrecorded or Disguised Tenancies are widespread in all the

areas given the rights and entitlements that can accrue to a recorded
tenant. The erstwhile land owners, who have moved higher up in the

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economic ladder, still cling to the land as ‘social prestige’ and resist any
form of recording of tenancies while revenue functionaries look the
other way. Wasting away of the land is the unfortunate result in the ab-
sence of real ownership, whether farmer or the tenant.
b. Benami purchases in the name of tribal spouses of non-tribals, ‘adopted’
tribals, ‘adopted’ non tribals have increased with unabated speed, gen-
erally with the connivance of the local revenue functionaries and mid
level officials. Given land illiteracy in the tribal areas, non tribals take
this creeping acquisition path and large tracts of land are amassed by
non tribals.
c. Gift by tribals to non-tribal individuals and institutions is a new practice
once again with the tacit agreement of the revenue functionaries.
d. Long Term Leases, Power of Attorneys, Usufructory AgreementsManipu -
lation of records and boundaries and loopholes in land laws, a signifi-
cant example of which is the abuse of the exemption clauses in the pro-
vision on land alienation at 170(a) of the Madhya Pradesh Land Revenue
Code which was also adopted by Chattishgarh. As a result alienated
tribal lands got regularized by the notional ‘efflux of time’ and ‘uncon-
tested possession’.
e. The case of Section 170(a) of the Madya Pradesh Land Reforms Code
adequately illustrates the point. This section provides that the landown-
ers have to give a declaration regarding their ownership of land and the
manner in which they came under its possession within a period stipu-
lated. The failure to comply with this provision of law is not visited by a
commensurate penal provisions in the absence of which it acts as a re-
ward.
Recommendations

(i) The principle of ‘adverse possession’ and ‘estop pel’ should be

waived for all land transfers from tribal to non-tribal in the past
two decades.
(ii) The Gram Sabha be legally, technically and magisterially empow-
ered to restore tribal lands and direct the revenue authorities to
enforce the decision.
(iii) Any officer failing to implement the order of the Gram Sabha
within reasonable time shall be guilty of a non-bailable offence in
the nature of an atrocity.

4.8 Negation of Tribal Rights to Land and Land based Resources

4.8.1 Unlawful declaration of ‘deemed reserved forests’ without fulfilling the

requirements of forest survey and settlement is a reality in a very large pro-
portion of the forests in the country. In Madhya Pradesh and Chattishgarh, 82
percent of the total forest area falls in the category of deemed forests where
neither rights have not been recorded nor entitlements recognized. The ances-
tral homelands of an overwhelming majority of the tribal people in the states
of AP, MP, Chattishgarh, Gujarat, Orissa and Rajasthan have been transferred
to these ‘deemed reserve forests’. Over 20 thousand kilometers of the forest
tracts in Andhra Pradesh are disputed. The livelihoods of hundreds of thou-

134
sands of tribal people are caught in the dispute. Similar is the case of over a
million land holders in MP and Maharashtra who are trapped in the Orange
Areas dispute. The orders of the Supreme Court in the Godhavarman case
only make the lives and livelihoods of tribal communities in all these states
tenuous. To add to the complexity, national parks and sanctuaries have been
declared in deemed Reserve Forests. The implied directions of the Supreme
Court to Ministry of Environment and Forest and the efforts of the environ-
mentalists to ensure that all the national parks and sanctuaries are ‘inviolate’
which means bereft of any human presence will make a mockery of the rule of
law when it comes to the rights of the tribal people.

4.8.2 Improper or incomplete survey and settlement procedures has been ex-
amined earlier, but it will suffice to say that these two processes have been
used to allow either the state or non-tribals to become legitimate holders of
tribal lands. The settlement proceedings in Santhal Parganas and in Orissa
prove this point.

4.8.3 Plugging of ‘loopholes’ in legislations by revenue and civil courts to

negate claims of tribal people, drag them into litigation which they can nei-
ther afford or understand and effectively deny them their land entitlements.
Collusive title suits have been used to a very large extent for alienation of
land. In many instances the claim was pressed before the courts in form of
declaratory title suits and the illegal transfers were confirmed by the courts of
law. Many a times the provisions of restoration of the alienated tribal lands
were deliberately ignored. Coupled to this is the question of cognisance of
such transfers. Section 71(A) of the Chotanagpur Tenancy Act has a liberal in-
terpretation of the the mode of knowledge on the basis of which the case can
be initiatiated- either through complaint of any of the parties included non-
stakeholders aor the suo-motu knowledge of the revenue authorities at any
level. Despite this liberal provision the number of cases in respect of which
restoration proceedings have been started represent only a miniscule of the
total alienation in the State of Jharkhand. When this figure cumulatively for
all the scheduled areas the figures would be abnormally high and they would
only represent the tip of the iceberg.

4.8.4 Non rectification of colonial legacies particularly the use of the colonial
rule of ‘res nullius’ is rampant in the settlement process in Orissa and the ac-
quisition of common property resources of tribal communities across the na-
tion particularly in the mining tracts of Jharkhand, Orissa and Chattishgarh. It
is being surreptitiously used to appropriate the communal lands in Nagaland,
where jhum fallows are being illegally converted into ‘state unclassified
forests’.

Recommendations

(i) A participatory survey and settlement process under the purview

of the Gram Sabha to recognize and record tribal rights to land
and land based resources.

135
(ii) Amendment of all laws at variance with the provisions of PESA
undertaken in a fixed time frame with the necessary rules, regu-
lations and procedures to make them implementable.
(iii) Empowerment of the community to exercise the rights and re-
sponsibilities conferred on them by PESA

4.9 Landgrab in the Name of Development

4.9.1 The recent developments relating to land acquisition for industrial and
mining purposes in Orissa, Chattisgarh and Madhya Pradesh has created
uprooting of thousands of tribal communities from their livelihood sources.
There are instances where the state has supported a counter movenement and
this led to a confrontation of serious dimensions bordering on a civil war. The
role of the state is to protect the rights of the people and where the state fails
to intervene effectively on the side of the people deprived of their rights their
attitude is partisan. Such massive displacements in the name of development
are not being prevented by the existing legislative measures.

4.10 The Scheduled Tribes and Other Traditional Forest Dwellers

Recognition of Forest Rights) Act, 2006

4.10.1 To get a clear understanding on the rights of the Scheduled

Tribes and other traditional forest dwellers, it is imperative to trace the
background situation under which the FRA came into being. Also, some
significant issues of the FRA will be critically analysed in the forthcoming
section.

4.10.2 National Forest Policy, 1952: On 3rd August 1865, the British
rulers, on the basis of the report of the then Superintendents of Forests in
Burma, issued a memorandum providing guidelines restricting the rights of
forest dwellers to conserve the forests. This was further modified in 1894,
stating that “…..the sole object with which State forests are administered is
the public benefit………”. Even the National Forest Policy (1952) prescribed
that the claims of communities near forests should not override the national
interests, that in no event can the forest dwellers use forest resources at the
cost of wider national interests, and that relinquishment of forest land for
agriculture should be permitted only in very exceptional and essential cases.
To ensure the balanced use of land, a detailed land capability survey was
suggested. The tribal communities were to be weaned away from shifting
cultivation.

4.10.3 Indian Forest Act, 1927: The IFA was enacted to assert state
proprietorship and ownership over forest resources. The Forest Act ‘re-
served’, ‘protected’, and ‘declared’ forests, it then shrank the rights of the for-
est communities, as the state deemed apt. In this process, notions of common
property, and use, were forced aside, and replaced by state control to serve

136
the interests, usually commercial and expansionist, of the state. A clear leg-
islative basis for the ‘Village Forest’ should be provided under Section-28 of
the Indian Forest Act (IFA) 1927. But this provision of the IFA (1927) has
never been implemented and has by and large remained dormant.

4.10.4 Constitutional Safeguards on Environment: The 42nd Constitu-

tional Amendment Act, 1976 inserted Article 48-A into the Directive Principles
of State Policy mentioning environment safeguards. Further Article 51-A, also
introduced by the 42nd Amendment, which lists out the fundamental duties
said: ‘It shall be the duty of every citizen to protect & improve environment,
forest, lakes, rivers, wildlife…’. In directing that all forest communities be
evicted, there has been no attempt to ascertain what is the relationship be-
tween the forest communities and the forest.

4.10.5 In February 2000, Indian’s Supreme Court passed an order re-

straining state governments and their agencies from removing dead, dying or
wind-fallen trees and grass from any National Parks or Wildlife Sanctuaries in
the country. {Interlocutory Application-548 under Godavarman (Forest) Case
WP/202/1995}.According to the handbook of the MoEF – “In view of Supreme
Courts order (IA-548), rights and concessions cannot be enjoyed in the pro-
tected areas”.

4.11 Central Empowered Committee, 2004

4.11.1 The Supreme Court appointed a Central Empowered Committee in

a letter dated July2, 2004 that says “even the removal of grass etc from na-
tional parks and wildlife sanctuaries has been prohibited………You are re-
quested to ensure strict compliance of the Hon’ble Supreme Court’s order so
that none of the prohibited activities are allowed to be undertaken in pro-
tected areas.” The Central Empowered Committee (CEC) thoroughly con-
demned the encroachments and recommended for their immediate evictions.
The CEC treats encroachment as a law & order problem. It recommends a
strong contingent of police force and presence of a Magistrate (in case of fir-
ing). It asks for immunity to the staff under section 197 of Criminal Procedure
Code. With these dictatorial powers bestowed on the state governments, the
CEC expects immediate compliance. If the State still fails, it further demands
liability from the State government to pay Rs 1000 per hectares per month as
compensation for environmental losses caused by continuing encroachment
and a possible fine of Rs 100 per month on the defaulting officials.

4.11.2 Status of Forest Lands and Forest Communities: The

recorded forest area of the country is 76.52 million hectares, whereas the for-
est cover is 63.72 million hectares, out of which 38.79 million hectares is de-
graded and 24.93 million hectares is dense. Thus the degraded forest area in
the country is as high as 60% of the total forest cover. As against this, the to-
tal encroachment in forest areas in the country is 1.25 million hectares, which
is merely 1.9% of the total forest area. According to the Forest Survey of India
about 0.26 million hectares of forest land was diverted between 1950 and

137
1980 to settle people. Another 0.27 million hectares, so called encroached be-
fore 1980 has been sent to the Central government to be regularized.

4.11.3 Centre for Equity Studies (2007) conservatively estimates that

nearly 4 million people live ‘inside’ the country’s protected areas and are de-
pendent on its resources for their survival. This is another type of forced dis-
placement. According to the 2002 amendment to the Wildlife Protection Act
(1972), the ‘Settlement of Rights’ (Section 18 to 26-A), described in the initial
notification (the intent to declare a protected area) is tantamount to allowing
the State to severely restrict the existing rights of people living in the area.

4.12 The Forest Rights Act: A Critical Mapping

4.12.1 The State Committee monitors the implementation of the FRA Act.
The Divisional Committee hears the appeals against the Gram Sabhas deci-
sions. The District Committees are to act as Appellate Authority, and give
their final approval to the record of forest rights. The Gram Sabhas perform
the function of recognizing forest rights, regulating access to forest resources,
and punishing those who violate provisions of the Act, but their decisions are
subject to higher authorities. However, it is not clear if the Sub Divisional
Committee and District Committee are to consider ecological implications,
while approving or rejecting the rights proposed by Gram Sabhas.

4.12.2 The Act states that responsibilities and duties regarding conserva-
tion are applicable to all activities except those that are permitted as rights.
Does this then exclude rights that could be ecologically destructive? The gram
Sabhas are given the duty to stop any activity adversely affecting wildlife, for-
est, and biodiversity, but can it over-ride granted rights? These are some
questions which do not have any clear answers.

4.12.3 The Act provides penalties for unsustainable use of forest re-
sources. However, the term ‘sustainable’ is not defined, nor is it clears, as to
who determines the levels of [Link] is lack of clarity on how the
Act relates to other relevant laws, especially the Wild Life (Protection) Amend-
ment Act (WLPA) 2002, the Indian Forest Act 1927, and the Forest Conserva-
tion Act (FCA) 1980. It states that rights vested under the Act are notwith-
standing anything contained in any other law, but it also states that the opera-
tion of other laws would continue if they do not contradict the provisions of
the Act. Some questions come up such as whether the provisions of the WLPA,
IFA and FCA are in contradiction with the FRA? What precisely is the jurisdic-
tion of authorities vested under these laws? In the case of wildlife offence, is
the Gram Sabha’s decision on punishment final, or do the wildlife officials of
that area have overriding powers?

4.12.4 The Act needs to include a ‘Prior Informed Consent’ clause, requir-
ing that any major development project (dam, mines, industries, expressway,
power stations, etc.) on relevant forest land can be cleared in the area only if
the affected communities are fully informed of the implications of the project,
and provide their full formal consent. This could be a powerful tool to stop de-
structive projects on forest land, which are today the biggest cause of defor-

138
estation in India. But what if communities misuse such provisions? The Act
does not state that regularized lands cannot be alienated, but in addition, it
could explicitly mention that the Forest Conservation Act (1980) will continue
to apply on large development projects, so that there remains a further check
on clearance.

4.12.5 The Act stated about providing the right to protect traditional
knowledge. However, the Act needs to elaborate as to how such protection
will take place, and how it relates to the Biological Diversity Act which also
proposes such provision.

4.12.6 The Act proposes to recognize and vest forest land rights to Forest
Development Society Trusts (FDST) there are no reliable estimates of the
number of families who will benefit from the proposed legislation.

4.12.7 The total forestland under encroachment is estimated by the gov-

ernment at 13.43 Lakh hectares, which amounts to about 2% of the recorded
forest area in the country. (2006)

4.12.8 The Act specifies that FDSTs would be granted forest rights only
in places where they are scheduled. However, such a clause could lead to de-
nial of rights to tribal communities on the ground that they do not reside in
the area where they are scheduled, even though many tribal people have been
displaced due to development projects and creation of protected areas.

4.12.9 The Act does not place any explicit restriction on the methods that
can be used to remove forest dwellers. The Act mentions that FDSTs would be
relocated from core areas of National Parks and Wildlife Sanctuary with due
compensation. However, the Act does not clarify exactly what kind of compen-
sation would be offered to the tribal people, what recourse would they have if
such compensation is not satisfactory or is altogether denied.

4.12.10 The term ‘Community Forest Resource’ is not defined, and hence,
it is not clear whether these also include resources within government owned
forests including National Parks and Sanctuaries.

4.12.11 According to the Forest Survey of India (2006), about 60% of the
forest area under official control is classified as ‘degraded’. Between 1951 and
1979, 3.33 million hectares of natural forest was cleared for ‘industrial pur-
pose/plantations’. Commercialization destroyed 90% of the indigenous grass-
land ecosystem. In Orissa alone, in the last five years the Union Ministry of
Environment and Forest has retrospectively approved the illegal clearing of
1224 hectares of forest by mining companies, even in ecologically fragile ar-
eas.

4.12.12 Between 1961 and 1988, the area of reserved forests in India in-
creased by 26 million hectares which is more than 60%. A recent study found
that 40% of Orissa’s forests were ‘deemed’ reserved, while up till now, rights
have not been surveyed.

4.12.13 In May 2002, when the MoEF directed the states to evict all ‘en-
croachers’ in the wake of the Supreme Court ban on regularizations; since

139
that year, one has witnessed unprecedented eviction drives, which have pri-
marily targeted forest communities. About 40,000 families were evicted in As-
sam alone.

Recommendations

i. A comprehensive set of measures should be undertaken involving leg-

islative, administrative and public education measures to ensure the
rights of the tribals over land, forest, water and minor mineral re-
sources. This can be done in the following ways:
a. wall mapping of land possession in village.
b. setting up of a legal aid cell to provide consultative guidance.
c. legal literacy programmes under framework of customary laws to
be implemented.
ii. A comprehensive Survey & Settlement of the tribal sub-plan areas
should be done in a time bound manner. The pre-settlement leases
should be regularized by authorizing the Tehsildar to make corrections
in the record of rights as per the Orissa Mutation Manual.
iii. There should be re-alignment of Forest & Revenue land records espe-
cially under purview of rights and ownership of common property land
& resources.
iv. Recognition of “Record of Rights”/ “Adhikar Abhilekh”/ “Nistar Patrak”/
“Vazibul Arz”/ “Dafayati Rights”; that was established after abolition of
malgujari-jamindari (1952) for securing & institutionalizing their due
traditional recorded & non-recorded rights on common property re-
sources.
v. A framework guiding the survey should be based upon the specific
forms of property rights operative in the tribal areas namely, customary
rights over forest and land resources belonging to local community as
well as individual.
vi. The role of Tribal Advisory Council (TAC) should be strengthened. Un-
der article 238/2, the Governor can make regulations for the Scheduled
Areas by prohibiting and restricting transfer of land by or among the
members of Scheduled Tribes and regulate money lending. There is pro-
vision for TAC in Schedule V areas and the Governor is bound to consult
them.
vii. Withdrawal of minor cases filed against tribal communities under en-
croachment/ violations of Wildlife Act/ other forest offences etc.
viii. Amendment in Land Acquisition Act under the purview of article 14,
15/4 and 19, where State may legislate restricting the acquisition by
landed property in the tribal areas.
ix. Updating land records with active participation of tribal community
through trained tribal youth on customary laws of various communities
and statutory measures for their protection, on private & community
land.
x. Establishment of Land Bank, which facilitates lease from tribal to non-
tribal land and will settle the same with the tribal communities or will
meet the requirements of land for public purpose at prevalent market
prices.

140
xi. All encroachment cases and other minor forest offences registered on
tribal communities must be withdrawn during land settlement.
xii. Tribal communities who were earlier displaced because of national
parks and wild life sanctuaries must be rehabilitated under the purview
of FRA.
xiii. All land acquisition process in tribal areas must be stopped before set-
tlement of tribal community under FRA.
xiv. The area which is occupied by the tribal communities must not be de-
marcated for rehabilitation of any other project affected community.
xv. All primitive tribal groups must be exempted under FRA without their
date of occupancy on a particular piece of land.
xvi. Any land that has been claimed under FRA must not be identified/ uti-
lized for Jatropha plantation.
xvii. All claims of non-tribal communities on the same piece of land must be
taken to a fast-track court for timely settlement.
xviii. All claims for common property resources should be brought under time
bound action and resettlement should be provided on the basis of
‘Record of Rights.’
xix. All land regularized under FRA must not be alienated/ acquired in the
next 100 years and in case of any emergency acquisition, the same cate-
gory of land must be provided.
xx. The tribal communities who lived in Salwa Judum camps must be reset-
tled in their occupied land irrespective of the cut off date under FRA
(2006).

******

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Chapter Five

Modernisation of Land Management

5.1 Land and Its Carrying Capacity

5.1.1 Land has made its reappearance as a matter of national discourse after
a significant gap. The first part of the 1950s witnessed ideological continua-
tion of the momentum of the independence movement and the State under-
took major changes in Land Management. It was again in the early 19 70s
that land shot into prominences with some significant national consensus in
support to the rights of the poor. In a way this proved a highly productive pe-
riod for Land Management. Beginning with early1990 the land issue of the
marginalized was overwhelmed by the shift in development paradigm towards
neoliberalisation. However, the need to address the unfinished agenda of land
related issues has come to the center of the national debate particularly in the
context of its carrying capacity and competing demands for industrialisation
and infrastructure development.

5.1.2 A moot question that arises here is what extent land can provide food as
a part of food security measures, and provide surpluses which could be used
for capital investment in the agricultural and non-agricultural sectors. To
begin with, these issues could be viewed in the framework of George
Condorcet – Malthus debate that took place in 1795. While Malthus Condorcet
agreed with that the planet earth had limited capacity to sustain resulting in
oscillations in the sustenance cycle. There were sharp differences over issues
like how close was the population to the limit, was food the main problem, and
can there be a voluntary control to population. The Malthusian pessimism has
since been proved wrong by the facts of history. When Malthus propounded
this theory the population was about 1 billion which has since increased to
more than 6 billion. The per capita availability of foodgrains have been on rise
and famines have become by and large rare phenomenon. The trend of
international food prices have shown a continued decline over the years while
the productivity has kept ahead of the population except in pockets of Sub-
Saharian Africa. [Sen, 1994].

5.1.3 India is no exception to this international trend though there are

pockets of chronic hunger. The future capacity of land to sustain populations
in all these three terms have been examined. Significantly, the per capita
availability of foodgrains is higher in 2000-1 [189 kg/year] as compared to
1971-75 [183 kg/year] as indicated by Table 5.1 below:

Table 5.1
Pre capita foodgrain production (kg/year)
Year Cereals Pulses Foodgrains
1971-75 164 19 183
1976-80 172 18 190

142
1981-85 179 17 196
1986-90 182 16 198
1991-95 192 15 207
1996-00 191 14 205
2001-05 177 12 189

5.1.4 There have been studies into the future demand. The TIFAC study 1998
has listed the following demand at 7 per cent income growth as detailed in
Table 5.2 below . The strategy to be used to meet the demand comprises
developing about 70 per cent of the net cultivated area have not benefited
from modern development in agriculture and of which 30 per cent is in dry
land agriculture.

5.1.5 The National Centre for Agriculture Economics and Policy Research
[NCAP] has also gone into this issue and has made optimistic projection and
forecasts as detailed in Table 5.3 below. Significantly the growth rate
required for meeting this demand is 2.21 per cent for the foodgrains for the
years 2003-2012 and 1.85 per cent for the years 2011 to 2021. This project is
significantly below the targeted annual growth of 4 per cent in the XIth Plan
Document [2007 to 2012].

Table 5.2
Projected Household Demand for Food in India at 7 percent Income Growth
Annual household demand (million metric tonnes)
Commodit 1991 1995 2000 2010 2020
y
Foodgrain 168.3 185.1 208.6 266.4 243.0
s
Milk 48.8 62.0 83.8 153.1 271.0
Edible Oil 4.3 5.1 6.3 9.4 13.0
Vegetable 56.0 65.7 80.0 117.2 168.0
s
Fruits 12.5 16.1 22.2 42.9 81.0
Meat, Fish 3.4 4.4 6.2 12.7 27.0
& Eggs
Sugar 9.6 10.9 12.8 17.3 22.0

Table 5.3
Past and projected growth rates ( %)
Crop 1995-96 to 2003-04 Required output
growth rate
Area Yield Output 2003-2012 2011-2021
Rice -0.35 0.93 0.58 2.06 1.71
Wheat 0.10 0.82 0.91 0.95 0.73
Jowar -2.50 -0.84 -3.32 5.85 5.05
143
Bajra -0.38 3.52 3.13 3.81 3.26
Maize 2.19 1.96 4.20 5.92 5.12
Ragi -1.69 -2.29 -3.87 0.43 0.26
Cereals -0.48 1.25 0.77 2.21 1.84
Pulses -0.36 0.24 -0.11 2.35 1.96
Foodgrain -0.46 1.17 0.71 2.21 1.85

5.1.6 The strategy adopted in the XIth Plan is to bring about sectoral growth
in areas like horticulture, dairy, etc. which have already been recording
significantly high growth. This would mean growth from a narrow platform. In
order to be sustainable the growth has to be inclusive i.e. it has to come about
through a broadened base. This would imply the following amongst others:-

i. Removing the distortions in the land relations through a rigid ceiling

and land distribution programme, conferment of secure rights upon
tenants, improving the access of the rural landless to land, transparent
system of land management, and up-to-date record-keeping;
ii. Protection and enhancement of the Scheduled Tribe population;
iii. Special access to land programme for the dalits and other downtrodden
sections;
iv. Public investment in rural infrastructure including development of
minor irrigation, watersheds, land levelling and reclamation;
v. Availability of credit to the small and marginal farmers particularly in
the North-Eastern Region where there is little incidence of private
ownership of land, and in the high value crop areas;
vi. Rigid implementation of minimum wages and sustained flow of funds
through NREGS, etc.

5.1.7 The above measures will usher in a healthy, broad based growth process
which is likely to sustain the demand and supply chain. Evidently the frontiers
of production possibility have not been realised. Nor have we been able to
attain our production potential even in parts. Hence, the question of reaching
the Malthusian limit does not arise provided the afore-mentioned attaining
condition of production are fulfilled. The report of the committee goes
precisely into different aspects of land-related issues.

5.1.8 Land continues to be the most valuable of the natural resources which is
neither inexhaustible nor indestructible. Accurate knowledge and precise
mapping of such natural resources are essentials for their rational utilization
and conservation. Land Records are, thus, data information or maps regarding
physical, legal, economic or environmental characteristics concerning land,
water, groundwater, sub-surface, resources or air within a particular area.
Likewise, land records would include Geographic References, Administrative
Records, ‘Built Environment’ and Natural Environment. Geographic Refer-
ences include land survey records, land ownership boundaries and maps. Ad-
ministrative Records incorporate jurisdictional and administrative boundaries,
land use, land use controls and restrictions, land value, physical address,
amount of land revenue, title interests, easements and encumbrances and
other land related information. Built Environment includes prehistoric and his-

144
toric sites and other types of constructed areas. Natural Environment com-
prises geology, hydrology, land cover, minerals, soils, topography, wildlife,
etc.

5.2 Importance of Land Management

5.2.1 The land relations depend upon how we manage our lands. The
observations, measurements and computations of the surveyor and the maps
drawn from these are the record of knowledge acquired through survey. The
plural nature of the country’s habitation, the growth process of the revenue
laws which have followed the social and political development in the country
have given rise to a multi-layered system of rights and privileges. The post-
Independent India has added to some of these complexities. In the tribal areas
of Jharkhand the rights structures varies not only from tribe to tribe but even
within the tribes after every distance of 10 to 15 kilometers. No system of
registration of rights can be effective and no system of taxation can ever be
efficient and just without a description which enables the land to be identified
with certainty on the ground. The rights of the individuals and the
communities in respect of the land, water resources, trees and forests, use of
land, cultivation, incidence of payment of rent, change in the physical
features, the authority which the Government exercises in respect of this land,
method of change in the rights, etc are all included in a body of documents
called the records- of–rights. Record of rights in India reflect the following
rights – (i) ownership rights, (ii) homestead rights, (iii) right of vested land
assignees (patta right), (iv) dakhalkar right, (v) share croppers’ right, (vi)
lease right, (vii) hold over right, (viii) right regarding forcible possession, (ix)
permissive possession right. The first 6 rights are regulated by various State
enactments, whereas the seventh is a phenomenon of the Transfer of Property
Act and last two rights are regulated by the Indian Limitation Act. More
importantly land records and cadastral maps show easement right for
roads/paths, irrigation, bathing and other domestic work, sports and games,
worshipping in the temples/mosques, burning ghat/grave yard, tending cattle,
etc.

5.2.2 Prior to independence all provinces other than the Permanently Settled
ones had a reasonably adequate system of preparation and maintenance of
land records which served the main objectives of the revenue administration
in that period. The records showed who owned the different plots of land in
the village, the area and boundaries of each plot who cultivated it, what crops
were grown and how much was payable to the government as land revenue. It
was the duty of the village accountant to update the entries every year. The
superiors in the hierarchy supervised the work of the village accountant.
Since the mid 50s when the measures of land reforms were initiated this work
has been allowed to fall into arrears. Appu [1999] holds that this neglect has
been deliberately sanctified by the State Administration. The British system of
preparing cropwise records in form of Adangal/Khesra Girdawari/Goswara
have been either discontinued or the effective parts of the record related to
tenants have been ordered to be omitted. This is chiefly on account of the
class character of our ruling elite which while paying oral tributes to land re-
forms sabotages the process internally. The records of rights offer a protec-

145
tion to the weak of the village because it provides an instrument to protect
their rights. In many States the mutations have not been made promptly in re-
spect of the inheritance, partitions or transfers that have taken place and
thereby the land records have been rendered outdated. These work to the dis-
advantage of the weaker sections.

5.2.3 The Committee during the course of its visits found a number of fea-
tures common to nearly all States — the land revenue administration is in-
cluded within non-plan; it is generally starved of resources; it is placed a way
low down in the order of priorities; it is clueless about its future and has no
plans. On the other hand, it needs no elucidation that the activities within the
plan sector do not suffer the limitations of either vision or resources. This vital
mistake appears to have taken place on account of the fact that the land rev-
enue administration has been historically identified with the general adminis-
tration which again was not within the plan head. The agrarian relations did
not present such insurmountable challenges as some of the agrarian move-
ments like the Naxal Movements have done. Hence, the nature of the agrarian
challenge largely went unappreciated and were greeted with sporadic re-
sponses. The other items under the plan head received a much better
priority because they are apt to receive resources from the Planning
Commission while the revenue administration only consumes re-
sources and is not prone to giving visible results. It is felt strongly that
in order to extricate land revenue administration from its present
morass it must be placed under the plan head.

Recommendations:

(i) Land revenue administrations should be placed under the plan

head and should be subject to planning under the guidance of the
Planning Commission.
(ii) The Central Government should come out with a National Land
Policy and the respective State Governments should declare their
own land policies.
(iii) A National Land Policy should be declared with consensus of the
parties.
(iv) This Policy Structure should have a long term perspective and
should continue irrespective of the Parties in powers.
(v) A National Consensus will need to be evolved over the Land Is-
sues.

5.3 Diversity of Records

5.2.1 There is substantial diversity amongst States in respect of the land

records that they maintain. These records were formulated at a time when the
British ruled India and the principal objective of the land management system
was to extract as much as possible from every interest holder of the soil. In

146
the Permanently Settled areas there were as many as 40 different classes of
intermediaries between the tiller of the soil and the State while the former
was left with merely the economic returns on his labour. This made the sys-
tem highly rural-extractory by nature. Nevertheless, the Survey and Settle-
ment Operations were regarded as not only modes of updating the records of
rights but also a system for protecting the rights of the weaker sections. The
Bengal Tenancy Act, 1885 also did not categorise Bargadars (bataidars) as a
separate class of tenants or cultivators. Making a very beneficial interpreta-
tion of definition of tenants given in the Bengal Tenancy Act, some liberal
minded ICS officers who did the Survey & Settlement Operations in Bengal
went on conferring status of Raiyats to Bataidars who held land under the ten-
ure holders and that of Under-Raiyats who held land under the Raiyats in the
districts of Bankura, Jalpaiguri, Dacca, Bakarganj, parts of Midnapur, and
Birbhum in the 1920s. The Government of Bengal appointed Sir John Kerr, a
Senior Settlement Officer to enquire into the matter. Sir John Kerr not only
supported the findings of the Settlement Officers but also suggested that the
Bargadars should be treated as tenants or under-tenants, as the case may be,
by amending the Bengal Tenancy Act.

5.2.2 These recommendations were resistered by the Congress and the

Swarajya Party of India who took the side of the Zamindars and organized a
series of meetings against the proposal. The Bengal Government succumbed
to the pressure and brought an amendment inserting a proviso to the defini-
tion of the tenants to the effect that the category of cultivators known as Bar-
gadars, Bataidars, Adiyars, Bhagchasi or by any other name in the local part
would not be treated as tenants in the year 1928. Thus, the Bengal Tenancy
Act created a separate category of cultivators having interest only in cultiva-
tion and not in land by amending the definition of tenant. The Bandyopadhyay
Committee Report (2008) has considered this change as the most retrograde
step taken by Government in the entire history of the Bengal Tenancy Act. It
appears from the afore narrative that the British used the Survey and Settle-
ment Operations not only as the instrumentality for deciding who was to pay
rent and at what enhanced rates but also for correcting the structural anom-
alies in the system.

5.2.3 In the Permanently Settled areas, there was no need for the British ad-
ministration to have records other than those prepared at the time of survey/
resurvey. There was no practice of annual updating of records. The position
of land records in the Native States was also unsatisfactory. After Indepen-
dence, no serious effort was made to bring about an improvement in the situa-
tion. Even today the position is that leaving out West Bengal and Tamil Nadu;
in other states land records do not reflect the actual incidence of tenancy. In
West Bengal, the names of some fourteen lakh Bargadars were recorded by
undertaking an operation named “Operation Barga”. In Tamil Nadu, the law
permits tenancy but no ownership accrues to tenants. So the landowners do
not object to recording of the names of the tenants where the State takes it
upon itself to enforce the laws it has enacted.

147
5.2.4 In order to overcome this problem of multiplicity the Appu Committee
on Revitalisation of Land Revenue Administration suggested the maintenance
of (a) an updated village map, (b) a field book giving up-to-date information re-
garding every plot of land included in the map, (c) a registers of landholders
showing the type of rights, plot numbers, area of each plot, its boundaries,
crop grown etc. (d) a tenants ledger showing the survey plot numbers, area of
the land, the name of the owner and the terms of the lease, (e) a register of
government properties showing the plot numbers, area, boundaries, classifica-
tion of land, etc. (f) a register containing all the details mentioned in (e) above
regarding common property resources. The States were, however, reluctant
to bring about changes in their time honoured land records system and the
Appu Committee Report was left with its historical importance.

5.2.5 This Committee has desisted from making State-wise policy prescrip-
tions. It is clearly recognised that the land management in each State has
evolved through a history city of thousands of years and is rooted to the soil,
climatic conditions, agronomical, social relations, ownership relations, the na-
ture of administration and that of the economy. It is not possible to make pre-
scriptions without taking all these factors into account. Besides, it would also
require a firm political consensus. Hence, building upon the recommenda-
tions of this Committee the individual States have to customise their instru-
ments.

Recommendations

(i) The States have to realise that the objectives of Land Manage-
ment systems has changed fundamentally and it has to be pre-
pared for basic changes in the manner in which our lands and
records are being managed.
(ii) The States also have to take into consideration the changes that
have taken place in between and be prepared to revise the system
to suit the requirements of the present day demands.
(iii) Each State has to put in place a half yearly or annual system of
updating the records-of-rights.
(iv) A basic change in the system of updation of the records-of- rights
is called for even where annual systems are prevalent.
(v) The Central Government may like to undertake a programme for
helping their States to assess their basic requirements within a
definite time frame.

5.3 Response of the Central Government

5.3.1 The Committee takes note of the fact that while land figures as Entry 18
of the State list including rights in and over land, land tenures, the relation of
landlord and tenant, the collection of rent, transfer and alienation of agricul-
tural land, land improvement and agricultural loans and colonization and land
revenue at Entry 45 the land reforms legislation have been included in the IX
Schedule of the Constitution thereby enjoying the protection of Article 31B of
the Constitution. However, the major initiatives in land reforms, land record

148
management, land management, surveying etc have come from the Central
Government. The priority assigned to the subject can be just from the fact that
there is a separate Department under the Ministry of Rural Development deal-
ing exclusively with the subject of ‘Land Resources’. On the other hand, the
State Governments barring a few exceptions have not updated either their
revenue administration dealing with land resources nor have brought in new
schemes for updating the land management and record management indepen-
dent of the Central Government. It is ironical that the Central Government
which has small Constitutional mandate has taken the major initiatives in land
management while the State Governments have not followed suit. This shows
the scant priority that the subject has received in the State’s scheme of
things.

5.3.2 The Government of India, particularly the Ministry of Rural Areas and
Employment has taken the initiative in strengthening of revenue administra-
tion (SRA) and updating of land records (ULR) by providing fund to different
States on equal share of 50:50. Similarly the Ministry has also started the
computerization of land records in 1988-89 and the digitisation of maps with
100% financial assistance.

5.3.3 The Ministry of Rural Development has formulated a new programme,

National Land Record Management Programme (NLRMP) as a major e-gover-
nance initiative which is concerned not only with computerization, updation
and maintenance of land records but also with a comprehensive data base for
planning and decision making and for regulatory activities. The NLRMP is also
designed to focus on citizen centric services including computerized RORs
with maps, certificates (domicile caste and income etc) web based any time
any where access to land data, services to facilitation centres in tehsils and
other places, speedy and efficient registration etc.

5.3.4 It has been the experience that even in the Centre Sector schemes on
sharing basis the States have failed to commit resources to take advantage of
the inflow of resources. Instances are also there where remittances from the
Central Government have been used to strengthen the ways and means posi-
tion of the State Governments. The initiatives of the Central Government
have to be matched by commitment from the State Government. This appears
to be a major problem. The National Land Council needs to be reorganised in
order to evolve a concerted Action Plan.

Recommendations

(i) The National Land Council should be reorganised on the lines of

the National Development Council so as to be make it a fully fed-
eral structure.

149
(ii) Land Relations and Agrarian Movements may be included as an
item of review in the National Development Council and the
Prime Minister’s Annual Meeting with the Chief Ministers and
land relations need to be seen as a part of larger development
perspective but not law and order prospective.
(iii) If the measures for revitalised Land Management are to make
any headway the State Governments have to decide on the alloca-
tion of resources as a matter of State’s commitment to this sector
and not treat this as part of the Central Government allocations
as supplements to the ways-and-means position of the State Gov-
ernments.

5.4 Current Status of Land Management

Issues of Land Management

5.4.1 Land Management may be defined as the aggregate of the approach to

land including recognition and vesting of land rights of individuals, community
and institutions; creation and maintenance of Land Records; enforcement of
the rights structure incorporating ceiling and other laws curtailing the indi-
vidual rights and distribution of ceiling surplus land; the enforcement of ten-
ancy laws and the protection to the tenants; enforcement of the homestead
rights; protection of the rights of the Scheduled Castes, the Scheduled Tribes
and other marginalized sections of society; the ethos and the management
practices and technology used for these practices and assessment of the institu-
tional support and the legal framework. Land Management has evolved in
this country in different phases and areas.—the Permanently Settlement, the
Mahalwari and the Raiyatvari areas. At the time of the Permanent Settlement
the Company was still in need of consolidation and therefore it inducted allies
in the form of the Zamindars. The Mahalwari system was evolved with the
conquest of Punjab where the community life was still strong and while the
evolution of the Raiyatvari System indicates the stage when the Company Rule
had consolidated and could broadbase their tenurial system. The post-Inde-
pendence India did not make many changes in the system of Land Administra-
tion which was allowed to continue. A major issue for debate is that whether
that system is good still enough to deliver under the changed socio-economic
and political environment or whether we require to go in for alternatives.

5.4.2 There is another issue that relates to the role of different institutions.
Admittedly, the post-Independence India has witnessed several institutional
changes. While in the colonial India all political, most judicial and all adminis-
trative powers were being enjoyed by the permanent bureaucracy. Such
power have been dispersed over several institutions. No doubt that the bu-
reaucratic structure has been retained but several competing institutions have
come up. The issue is that whether these competing institutions can be ac-
commodated within the structure that governs the most basic of the resources
i.e. land resources.

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5.4.3 Another fundamental issue related to Management of Land is that where
do the people figure in the management of land. The Land Management sys-
tem contains to be bureaucratically controlled. However, there have been
changes in the character of the bureaucracy, and the demands placed upon
the bureaucracy are infinitely more in terms of pressures as well as conflict
situations. There is an increasing trend towards self-management and self-
regulation. The issue is that to what extent we can accommodate the people
within the management of their own resources.

5.4.4 There has been a continuing conflict in respect of the people who have
settled from the time immemorial on the forest lands and the forest authori-
ties. In many instances some of these communities were settled on the forest
lands by the British Forest Department itself like the Bantangias who planted
the Sal Forests right through the Terrain Belt of the United Province. These
villages were not recognized in the revenue records in absence of which they
enjoyed no rights. Now that the Government has come out with the Land
Rights of the Scheduled Tribes and other Forest Dwellers Act, a critical issue
is that how does the Land Management extend to the recognition, recording
and protection of the rights? Is the existing system capable of discharging
these duties?

5.4.5 Technology and the balance between technological and the human fac-
tors another critical issue. State-of-the art technologies are available in the
country which has honed its skills with organisations like ISRO, Survey of In-
dia, National Remote Sensing Agency (now National Remote Sensing Centre,
a purely Government Department), specialised institutes of the State and the
Central Government Surveys like the Border Roads Organisation which do
survey for road alignments, Forest Survey Institute, Dehradoon etc, The State
Governments have their own Space Application Centres and there are four Re-
gional Application Centres and the All India Soil Survey Institutes. The issue
that arises here is that to what extent should Land Management be technol-
ogy-driven, institution-driven and market-driven.

5.5 Updating of Land Records

5.5.1 The Committee has conducted a State-wise appraisal of the Land

Management system and the status of updation of Land Records including
computerization of Land Records Programme. Some of the salient features
arising from this survey are as below.

5.5.2 In the Permanently Settled Areas there are no Land Records other than
those created at the time of the settlement. Statutory requirements stipulate
that the Survey and Settlement Operations should be conducted periodically
after a gap of almost 15 years as both land ownership and the praedial condi-
tions undergo a change but practically they are taken up only after 30 years.
The Survey and Settlement Operations have twin objectives – updating con-
dition of Land Records including the changes that have taken place in the
character and feature of the land and updating the revenue to be paid by the
tenant on the basis of these changes. Unless the records-of-rights were up-
dated there would be no increase in the rent to be paid by the tenant. Hence,
151
a correct and updated record-of-rights was a sine qua non. The other part in-
cluded the Settlement Operations. The Settlement Authorities prepared a ta-
ble of productivity for each category of land as well as a table of prices pre-
vailing in the local ‘Mandies’ and the rent was revised on the basis of change
in the praedial conditions, enhancement in the productivity of the land and
the rise of prices of grain in the local Mandies. The purpose of the Operations
were to extract as much of rent as was possible from the tenant. The share of
land revenue was significant in the budget of the State Government. In the
post Independence era the significance of land revenue has declined in the
State budget. Most States have either abolished land revenue or have waived
the same in respect of the smaller tenants. Hence, the compulsion to hold Sur-
vey and Settlement Operations on account of budgetary considerations have
become extinct.

5.5.3 Another major consideration was the cost of the Survey and Settlement
Operations. In the pre Independence era the Survey and Settlement
Operations were conducted in a time bound frame and the cost was levied
from the landlords who realised it from the tenants. There is an increase in
the number of plots and the number of disputes have also risen on account of
the poor record maintenance in the intervening period. Hence, the Survey
Operations once begun continue for a long time and give rise to a large
number of land disputes. It is to be noted that in the districts of Darbhanga
and Bhagalpur the Survey Operations that had commenced in the year 1964
have continued to the State without any hope of conclusion. More importantly,
the records that were created during the course of the Survey Operations
have already become hopelessly out of date and their final publication would
serve no purpose.

5.5.4 The Survey Operations are generally divided into 6 stages, 2 of which
involve the correction of the maps and preparation of the records of rights and
the remaining 4 the correction of the record- of-rights. In the Kishtwar stage
the maps of the previous Survey are updated. In the Khanapuri stage the
record- of-rights are revised on the basis of the plot-wise field survey wherein
the revenue agency travels from field to field and ascertains the ownership of
the plot. The third stage is that of Bujharat wherein the tenants are called,
provided with a draft map and the entries are explained to them. The fourth
stage is that of Tasdik wherein correction in the draft record- of-rights is
made on the basis of the objections filed during the stage of Bujharat. The
fifth stage is that of hearing of objections which have not been reconciled
during the earlier stages. The sixth stage is that of publication of the final
records -of-rights.

The present survey system suffers from several drawbacks such as the
following:

(a) Outdated Methodology: As already mentioned the survey operations

continue to use plane table with triangulation. The new survey method-
ologies and technologies like Total Work Station and even intermediate
technologies like EDM are not used.

152
(b) Multiple Stages; involving even more than 6 stages. With the advance-
ment of technologies there and changes in the social and economic con-
ditions many stages have become infructuous and need to be revised ur-
gently.
(c) Extremely Time Consuming: Most of the present survey operations are
taking not less than thirty years because of multiplicity of stages and
non-adherence to the time schedule by the revenue officers.
(d) Not cost effective;- The conventional survey and settlement have be-
come very costly because they involve emplacements Amins, surveyors,
inspectors, Kanungos, Draftsmen, Revenue Officers and higher revenue
functionaries over a very long period of time. The costs can be reduced
substantially by modern technologies.
(e) Manpower Oriented: Kishtwar and Khanapuri need the involvement of
maximum manpower. One amin accompanied by two chainmen are sent
to one village each and he is supervised by Inspector, Kanungo and the
Revenue Officer.
(f) Lack of Trained Manpower: Many states have established Survey Train-
ing Institutes for training the survey functionaries but States like Jhark-
hand and Bihar, are tacking in such facilities.
(g) Old Map Based: Revisional Survey operations are based on Blue Print
maps which are brought from Map Reproduction Centres. The printing
of the Blue prints maps are sometimes delayed which cause overall hin-
drance.
(h) Rent Seeking Behaviour: The Survey and Settlement Operations are
marked by wide rent seeking. Most Surveyors (Amins) are employed on
work charge basis and hence they have a high propensity to indulge in
this kind of behaviour. Thus, the Survey Operations are dispute enhanc-
ing and litigation promoting. It is believed that once the Survey Opera-
tions have been conducted the area takes years to regain its prosperity.
(i) Lack of understanding for the Local Traditions and Customary Tribes:
There are many communities particularly the tribal communities who
are governed by the customary laws. In other areas also the customary
rights are to be protected and recorded in the Khatian Part II. However,
they normally they lack in susceptibilities and deliberately create incor-
rect records which makes the people, particularly the tribals look upon
them with suspicion.

Recommendations

(i) There is an urgent need to evolve Survey Operations which can be

done within a period of 2 years by compressing the stages into
three.
(ii) The Survey of the entire country should be conducted within a
period of 5 years.

153
(iii) The Survey should utilise the latest technologies for accurate re-
sults.
(iv) The Settlement of Rent should be left to the village community to
decided at the Panchayat level and to be appropriated for their
own purpose
(v) The Khatian should be approved by the village community
through the Gram Sabha before its final publication.
(vi) The Survey Operations should be subject to Social Audit for re-
ducing rent seeking behaviour.

5.6 Recent Technical Innovations

5.6.1 Most States continue to use plane table triangulation method using
chains or theodolites or EDMs. These technologies have been overtaken by
many modern technologies like the use of GPS or the Satellite Imaginary
System. In short a Geographic Information System (GIS) is a computer-based
tool for the input, storage, management, retrieval and output of information,
which relates to the characteristics of geographic locations or areas. GIS can
answer questions about where things are or about what is located at a given
location. In a GIS, the Earth’s features are not only represented in pictorial
form, as in conventional paper maps, but also as information or data. This
data contains all the spatial information of conventional maps, but when
stored in a computer, is much more flexible in the way in can be represented.
Spatial data in a GIS can be displayed just like a paper map with roads, rivers,
vegetation and other features represented as lines on a map complete with
legend, border and titles, or it can be represented as a set of statistical tables,
which can be converted to charts and graphs. The most important feature of
GIS is that spatial data are stored in a structured format referred to as a
spatial data base. The way spatial data are structured will determine the how
easy it is for the user to store, retrieve and analyse the information. GIS has
been developed over time as computer science; earth science; geography;
CAD; remote sensing; military study; spatial distribution; mathematics;
cartography; urban planning; surveying and photogramme and civil
engineering.

5.6.2 There are two major methods of storing mapped information: 1) Vector
GIS and 2) Raster GIS. Geographic Information Systems which store map
features in vector format store points, lines and polygons with high accuracy.
They are preferred in urban applications where legal boundaries and the
analysis of networks are important.

5.6.3 Maps in Geographic Information Systems are represented thematically.

A standard topographic map will show roads, rivers, contour elevations,
vegetation, human settlement patterns and other features on a single map
sheet. In a GIS these features are categorized separately and stored in
different map themes or overlays. For example, roads will be stored in a
separate overlay. Likewise, rivers and streams will each be stored as a
separate theme. This way of organizing data in the GIS makes maps much
more flexible to use since these themes can be combined in any manner that is

154
useful. The following illustration shows conceptually how maps are stored as
themes in a GIS.

5.6.4 The Committee also notes that the maps not getting updated as a
consequence of which they do not represent the situation on ground; in many
instances even such outdated maps are also not available. There is no regular
method for updation of the maps except in the States like Tamil Nadu where
the FMB (Field Management Book) is retained by the Revenue Department
and has been used for digitization of maps. In Tamil Nadu field measurement
books and village maps have been digitized under two pilot projects in the
four talukas namely; Chengalpattu, Kodai, Kodavasal, Erode and
Gobichetipayalam. In most other States of the country the system of updation
of maps is rather tedious and constitutes the weak points of the system.

Recommendations

(i) The States are advised to review the position of the Survey
Operations within their States and where it is found that the
records so created have outlived their utility the Operations may
be concluded as they would serve little purpose. Shorter version
of survey as suggested by the Appu Committeee may be
introduced by integrating Tehsildar’s and survey offices.
(ii) Advanced technological methods like satellite imagery coupled
with ground truthing may also be tried because it is less expen-
sive and less time consuming.
(iii) The States have to devise a regular method whereby the updation
of record-of-rights may take place without there being require-
ment of Survey Operations in the present mode. One of the meth-
ods can be combining Sub-registrar’s Office with that of the
Tehsildar so that all the transfers of land through registered
deeds are immediately mutated and maps are corrected accord-
ingly.
(iv) The village community should be involved in creation and valida-
tion of the data base.
(v) Before conducting any survey the objectives of survey and the ex-
pected outcomes should be explained to the villagers.
(vi) The people should be involved in collection of the data including
the different Committees of the Panchayats, SHGs and others
functioning at the village level.
(vii) The final data should be approved by the Gram Sabha having a
minimum attendance of 80 per cent.

5.7 Computerisation of Land Records

5.7.1 The computerization of Land Records was taken up in the country on a

pilot project basis in the year 1988-89. The scheme was taken up as a full-
155
fledged programme in the year 1992-93. Since then States have taken up the
computerization of Land Records in their own way. It is to be noted that while
some of the States have pushed ahead with the computerization programme
and have achieved notable success the progress while other States are yet to
catch up. Particular mention may be made of the States like Karnataka, Tamil
Nadu, Gujarat, Goa and Andhra Pradesh amongst others, where the progress
has been noteworthy.

5.7.2 In the State of Karnataka the computerization programme was taken up

in the districts of Gulbarga during the pilot project phase and later in the
Mysore and Dakshin Kannada. The Karnataka Government planned to
implement the project in 3 stages, the first being the computerization of
Akarband, RTC, Mutation Register and Register of Disputed cases. In the
second stage, the project envisaged computerization of village accounts which
include the Khata register and Khirdi. The third stage involved digitizing of
village maps and maps of individual plots and survey numbers. Subsequently,
advanced software in the form of Bhoomi was developed by NIC, Bangalore
for computerization of Land Records. The Bhoomi is an online programme to
carry out the mutation on live data; it has built in workflow automation, which
moves transactions from one officer to another on the system; the process of
mutation on the Bhoomi gets fully synchronized with the field work done by
the revenue officials; it facilitates scanning the field mutation order passed by
revenue authorities and notice served on the public and facilitates storing
into database so that it can be referred easily in future for various purposes.
The Bhoomi has also been integrated with Fingerprint (Bio-metrics)
Technology to ensure foolproof authentication system instead of traditional
password system, which enforces the concept of non-repudiation. The
software is in local Kannada language suitable for use by the officials and is
intelligible to the people at large.

5.7.3 The Bhoomi online mutation system has three components namely i)
Computer Centre, ii) Land Records Centre and iii) Touch Screen Kiosk. The
Computer Centre is the back end where the revenue officials will carry out the
updation activities on the Bhoomi. To support these activities, back up is given
are given in the form of Server, Client, Printer and Scanner with UPS. The
second component is a Village Accountant who operates the Land Records
Centre set up at the entrance of taluk/block office with a client, a printer and
UPS. This provides the public interface from where one can collect the signed
land records document on demand or submit a request to carry out the
mutation on his/her land. The third component is the Touch Screen Kiosk
established at the entrance of taluk/block office. The farmer can use this to
see his document and status of the mutation in process without intervention of
revenue officials. As Bhoomi works on Client/Server architecture, all the
clients and kiosk interact with the server through an Ethernet based local
area network (LAN) implementing TCP/IP.

5.7.4 All the 175 taluks of the State had been computerized. There are more
than 20 million land records and more than 67 lakh land owners in the State.
Special kiosks modelled on the lines of STD/ISD booths have been installed in

156
front of Taluka offices, which provides information on land records to land
holders. The State Government has introduced biometrics authentication, a
fingerprint-scanning device to check manipulation of land records. This
replaces the traditional method of using passwords. With the fingerprint
authentication device, only an authorized person is able to edit records. In a
major initiative, the Government has provided that no handwritten
information form will be accepted except with the except with the signature
of the official concerned. Any person who needs information on land records
can go to the kiosk, pay a nominal fee of Rs.15 (Rs 5 now) and get a printout
with the signature of the authorized official.

5.7.5 The Government also has plans to slowly let information kiosk (which
are proposed to be set up by private parties in Karnataka in rural areas in PPP
mode) make use of these data bases to provide land records to the doorsteps
of the farmers, although they may not be signed in the beginning by anybody
and would be used more for the information and verification purposes.

5.7.6 The State of Gujarat has also pushed ahead with the computerization of
Land Records. It has completed the computerization of Land Records in
almost 18,000 villages. The manual records have been discontinued. The State
has also launched the e-Gram Vishwagram Programme under which 6,000
Common Service Centres have been established at the village Panchayats with
broadband connectivity. These Centres are issuing RoR from e-Dhara Centres
using dialup connectivity. In addition the e-Gram Vishwagram is also being
used for capacity building, collection of electricity bill and a number of other
collateral purposes.

5.7.7 Tamil Nadu is another State where the computerization of Land Records
has been taken up on a large scale. The software and hardware have been
provided by NIC while the infrastructure including UPS and the furnitures has
been provided by the State Government. Data entry has been completed in all
the 206 talukas of the State. Entries in respect of Register A have been
completed in all 17,200 villages. The Government has also sanctioned
installation of touch screen Kiosks in the State.

5.7.8 The Andhra Pradesh State has started it’s first pilot project of
computerisation of land records in Kuppam and three other Assembly
Constituencies of Chittoor district, with conversion of 92,944 F.M.B’s
covering 3,65,770 sub-divisions in 369 villages into digital format at a cost of
Rs.55 Lakhs with hundred percent grant of the Government of India.

5.7.9 Initially errors in Field measurement Sketches with regard to

conversion of F.P.S. measurement into metric measurements, were noticed,
which were latter rectified. Even maps had not adhered to mosaicing revenue
fields and by correcting mosaiced village maps using traverse data. The
Scanning and vectorizing village maps were supplied by the revenue
department. Computerisation of one Mandal in each each Assembly
Constituency i.e., 278 Mandals in 22 districts in the state except Hyderabad
was taken up with an estimated cost of Rs. 4.33 Crores.

157
5.7.10 In the field of computerisation of Cadastral Maps, the Department
undertook the work in technical collaboration with a private professional
agency involved in the work of GIS. The work involved scanning and
digitisation of each [Link] followed by a software aided mosaicing process
to generate Village Maps and Taluka Map. It also involved development of
software modules to take care of the requirements of the Department like
generation of accurate and reliable print outs of survey nos and subdivision
nos, or any parcel of land. Goa has already been declared the first state in the
country to have completed the computerization of land records of all villages
of all eleven Talukas of Goa. The State of Goa has computerized the land
records in all the Talukas. Copies of land records are valuable across the
center in the Electronic Information Center. Experience there should after
computerization, the preparation, maintenance and updating of land records
have become quick, easy, accurate and cost effective. The safety and storage
of records has been solved as all the data can safely be stored in the
computers in computers and also a backup created by means of CDs. Besides
the data is more secure and is not prone to unauthorized changes. It provides
adequate security to data entered. The computerization has proved to be
useful for administrators, planners and policy makers as any kind of data
regarding land records for better land management is available at the click of
a button.

Recommendations

(i) Taking cognisance of the fact that the programmes are being
managed in a Departmental mode the Committees strongly
suggests that there should be a National Authority for
Computerisation of Land Records (NACLR) at the Government of
India level for this purpose to fulfil the target.
(ii) The NACLR should comprise different subject matter specialists
including experts from NIC, Survey of India, Land Survey
Specialists who have been Survey and Settlement Officers,
Agricultural Experts, Sociologists etc.
(iii) (Placement in the NACLR should follow a definite selection
process and should include selection from the market.
(iv) At the State level it is felt that there should a dedicated
institution in the form of the State Authority for Computerisation
of Land Records (SACLR) in similar mode as the NACLR to deal
with the computerisation of land records. In most States the
work is being handled by the Directorate of Land Records and
Surveys who are not able to cope up with the task on account of
their multiple engagements. Representatives of different
Departments/agencies whose data is being included into the data
base should also be permanently represented.
(v) There should be a basic common data being computerized in
each State.

158
(vi) The Land Data should include not only the Khata and the Khesra
numbers but also other details including history of the land, the
registration etc
(vii) The community rights should be clearly specified including rights
to common lands waste and barren lands, religious lands, forest
lands and submergence area, etc.
(viii) Other information including incidence of cultivation,
productivity, land use include horticulture etc. incidence of
irrigation and sources, cost of irrigation, cropping intensity,
availability of drinking water, types of soil etc.
(ix) Other details including buildings on land topographical
indicators, infrastructure, land use assessment, mining rights etc
should also be spelt out.

5.8 Impact Assessment of Computerisation

5.8.1 Impact assessment of computerization has been done by several

agencies — of 4 States by the National Institute of Rural Development (NIRD)
and of 6 States by Lal Bahadur Shastri National Academy of Administration
amongst others. By and large the impact of the Computerization programme
has been found positive.

The NIRD report has positive impression in the users’ perception in the
sense that it leads to :

(i) Quick availability of records (RoR)

(ii) Details of crops, land type, irrigation, trees etc, in one RoR
(iii) Easy accessibility, saves time
(iv) Transparency
(v) Accuracy and authenticity
(vi) Safety of records, no chance of manipulation
(vii) Land related disputes are reduced
(viii) Reduction in expenditure/time in obtaining RoR – no hidden costs,
no harassment

5.8.3 The RoR is being used by the owners as shown in the Table -5.4 below
for a variety of purposes including proof of ownership, crop loan, and
scholarship for children, etc.

5.8.4 In addition, in Karnataka RoR was being used for sale of agriculture
produce in market yards, registration with sugar factories, registration of
agriculture land in Sub Registrar’s office, crop insurance in dry areas. In Goa
the RoR is being used for conversion of land use, tenancy declaration, cutting
trees, licence for bars/restaurants; in Gujarat it was being used for solvency
certificates and in Tamil Nadu for admission of children into
schools/scholarships for children, etc.

Table- 5.4: Usages of the ROR

159
States
%of Total
Sl.
Items Tamil Respondent
No Goa Gujarat Karnataka
Nadu s
(N=200)
1 Ownership Proof 32 50 47 11 70.0
2 For Crop Loan - 50 43 14 53.5
Bail in criminal
3 11 26 13 1 25.5
Cases
Purchase of
4 subsidized 4 - 16 8 14.0
agricultural inputs
Scholarship for
5 - 3 14 7 12.0
Children
Income certificate
for selection as
6 beneficiary for 5 7 - 6 9.0
various RD
programmes
7 For Mutation 9 - - - 4..5
8 To obtain Passport - - 2 - 1.0
9 Others 13 7 2 3 12.5

5.8.5 The Revenue officials being the manager of the land records had
considerable hold on the farmers/land owners. Now with computerization of
the land their hold on the land owners has practically diminished. The
Committee notes that despite these diminished holds the revenue officials had
positive perception towards the computerization programme. Some of their
pertinent perceptions are as follows:-

(i) Tamper proof land record database

(ii) Reduction in litigation
(iii) Support for development programmes for departments like agricul-
ture, industry and planning and GIS application for planning.
(iv) Facilitation of easy preparation of annual records like land revenue,
etc
(v) Identification and protection of government lands
(vi) Improvement of the image of the Revenue Department/change in at-
titude.

Recommendations

(i) There is need for building a network of institutions for appraisal

of the programme of computerisation of land recordse. The
network should be headed by some lead training- cum-research
institution so that there are alternate streams of information
flow.
(ii) The lead institution will involve the training institutions in the
State like the SIRDs, the ATIs, the Agricultural Universities,
reputed institutions of the State Government, reputed Civil
Society Based Organisations for evolution of a core national

160
format and a State-wise formats capturing the environment of
the State.
(iii) Appraisal/evaluation of the programme should not be a one time
affair but should be carried on with regularity for which an
appraisal matrix could be evolved.
(iv) The NACLR may organise Workshops/Symposia periodically as
well as training sessions in collaboration with the SACLR and
other institutions.
(v) The appraisal/evaluation format should travel beyond the
questionnaire- interview method and should also use other
methodologies like RRA, PRA, RA, Focus Group Discussion, etc.
(vi) The findings of these appraisal/evaluation studies should be
placed on the National Portal that has been suggested for the
NACLR.
(vii) The NACLR once constituted could also go in for e-evaluations, e-
newsletters, etc.
(viii) The Ministry of Panchayati Raj at the Central level and the
Departments at the State level should also be involved with the
subject as also the NICs.

5.9 Challenges in the Programme of Computerisation of Land

Records

5.9.1 The Committee finds the following shortcomings in the Computerisation

of Land Records Programme:

(a) The programme has been slow to take off and barring few States others
have lagged behind in the implementation of the programme. At this
pace the Committee estimates that it will take the country another 15 to
20 years to complete the computerization of land records.
(b) In most States the programme is being taken as a stand alone
programme and has no linkages with the other supporting programmes.
(c) There are a number of Departments/Ministries both in Government of
India and in the State Government who have created their own rural
data base eg. Agriculture, drinking water, animal husbandry, education
etc. However, there is no linkage amongst these different data base and
they do not talk to one another whereas there is need for integrated
data base.
(d) While in some of the States the computerization is being widely used in
rest of the States it is still does not have the wide applicability that one
would expect for a computerized system.
(e) It was expected that the computerization programme would also push
through a change in the management system of land. However, that has
not materialized and the management of the computerization
programme has been accommodated into the existing system.
(f) The Committee also notes that by and large a change in the attitude of
the managers of the land programme has not been impelled. The
moment this change comes about there will be a major revolution in the
land management system.

161
Recommendation

(i) There should be a revisit of the programme of Computerisation of

Land Records at the National Level.
(ii) A firm programme for computerisation needs to be drawn up in
consultation with the States and a Work Plan evolved providing
inter alia for the outer date of completion, systems used etc.

5.10 Digitisation of Maps

5.10.1 The Committee has observed that the average age of

village/cadastral maps available in most of the States is more than 50 years
mostly prepared during the British regime as a part of the Settlement
Operations. Over the years, they have been subjected to the vagaries of the
weather, continuous and improper handling, and unscientific methods of
storage, rendering them fragile and tattered. The maps have also undergone
shrinkage affecting their accuracy and their credibility. Besides, the process
of upgradation of land records would also include the redrawing and
upgradation of maps. The new record management system being sought to be
put in place would remain incomplete in the absence of a matching system of
updation of maps simultaneous to that of the updation of land records.

5.10.2 The Ministry of Rural development has started a process of

digitisation of maps with hundred percent funding. Some of the states like
Andhra Pradesh, Karnataka, West Bengal, and Goa have done very well in this
area but in other states the progress has been tardy and needs to be
expedited.

5.10.3 The Bhu Bharthi Project of Andhra Pradesh has the updating of
the land records and the maps as the first stage of the programme to created
guaranteed title to land. It uses aerial photogrammetry with rectification.
During the course of the visit to village Lingupally in Nizamabad district the
farmers complained that due to the process of survey the area of their land
holding was getting reduced on ground. A farmer who had purchased 4 acres
of land finds that on the ground records are being prepared in respect of only
2.5 acers. This could have been considered a case of individual aberration but
there were complaints to this nature from other farmers as well. In traditional
survey methodologies errors are permitted to the extent of 0.5%. The Survey
and Settlement Manual of Bihar, for instance, provides for comparison of the
area of individual farmers with the last survey immediately following the
Khanapuri. Mujhmilli maps i.e cut outs are prepared for making this
comparison. Where the difference is greater than 0.5% a resurvey is to be
done. In the case of Lingupally there is no such system in place. The maps
are prepared not in respect of individual holdings but land parcels containing
lands of persons included in that parcel. Hence, it may be a case of uneven
distribution within the parcel.

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5.10.4 Besides, there were also technologies flaws as the rectification
was not being done by establishing the fixed point of the last survey and then
taking tie lines from the same to establish the field boundaries. Instead an
eye estimation process was being used. The ultimate objective of the
programme is to guarantee title to land. If there such major inaccuracies
title guaranteed will be imperfect and therefore defeasible. This mistake
could have been avoided by adopting a measure based process of ground
truthing or by adopting a superior technology as for instance that provided by
the Cartosat II which provides a resolution of 1 metre. In Cartosat I the co-
ordinates are self-generted and limited and only a limited verification will
have to be done; but it provides a resolution of 2.5 metres. The point is not at
all lost- even in the case of the use of the state-of-the art technologies the
human processes can not be ignored and that even amongst the technologies
only such appropriate technologies should be used which fulfil the objectives.
For this, before undertaking the exercise the objectives will have to be clearly
stated that whether by the application of the technology one is seeking
reduction in the requirements of ground truthing or greater accuracy or cost
reduction. The committee is firmly of the opinion that accuracy is the
first requirement of any survey process. It can never be compromised.

5.10.5 The Committee is also compelled to revisit some of the premises of

the use of technology. Phptogrammetry has been used within 3 States namely
in Madhya Pradesh, Andhra Pradesh, Goa and Jharkhand. The experience of
Andhra Pradesh is as noted in the previous paragraph. In Jharkhand the
Blocks of Jaldega and Bano were surveyed aerially. After ground truthing an
inaccuracy of 30 % was found and the project had to be closed on this account
Cartosat I is being used on 1:2000 scale in the urban areas and in some rural
areas. Cartosat II has a resolution of 1:1000 and it is capable for better
identification of the ground level features for micro level planning and other
applications. Wherever there is requirement of topographical information we
can go to Cartosat I which capable of giving stereo imagery (3 Dimensional
Data). Where the requirement is widely for infrastructure, small land parcels
and where topographical information is not important the Cartosat II could be
used.

5.10.6 The Computerisation of Land Records has been primarily funded

from the Central Government resources. The States which have committed
their own funds have also made better success of the programme.
Notwithstanding the role of the Central Government as the provider of
resources and the moving sprit it is necessary that the critical choice in
respect to the hardware, software, the data to be included and the mode of
data entry must be left to the States. These practices have to be necessarily
rooted to the soil so that the divergent practices in the States are not
accommodated and not stifled.

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Recommendations

(i) Digitisation of maps should be seen as an unavoidable exigency

and should be taken up throughout the country under the exist-
ing Scheme of NLRMP.
(ii) Priority for digitisation should be given to those districts, which
have successfully completed the computerization of textual land
records.
(iii) Composite extracts of land records, consisting of both textual and
graphic data should be provided to land holders; this should be
seen as a major step in empowering the landholders.
(iv) Revenue officials should carry out a 100 % validation by edge
matching of the digitised printouts with the original maps
through the technique of superimposition. Both the village
boundaries and the Khasra boundaries should be edge matched.
(v) The objectives should be clearly defined before making a selec-
tion of the technology.
(vi) The ground truthing process cannot be ignored and the techno-
logical process will always require to be adequately backed up.
(vii) Accuracy of the maps is as vital as the accuracy of the records
and it can never be compromised.
(viii) The fields are bound by bunds which may be wide according to
the local practice. Now the Cartosat I is capable of giving or-
thoimaginery which can be analysed by means of photogramme-
try. The use of Cartosat I is recommended in such areas where
the bunds are broad b convention. Cartosat II is recommended
for such areas where the bunds are less wide.
(ix) In such areas where the canopy is abundant plots will not be visi-
ble and the use of Electronic Total Stations (ETS) is recom-
mended.

5.11 Challenges in the Land Administration

5.11.1 The committee notes that this administrative system was evolved
during the British days and catered to the needs of the British rule and since
then there have been no notable changes in the structure of the revenue
administration. The British Rule was not a Welfare State; it was designed to
maintain the law and order and was rural extractory. It was the production
relations which sustained the British rule. In wake of Independence the
Government have brought in a series of reformist legislation in respect to land
relations meaning thereby to alter the production relations. This naturally
calls for a restructured Land Management System for the existing system can
only support a colonial like structure and retrograde production relations.

5.11.2 The Bandyopadhyay Committee (2008) has noted that the Revenue
Department generally discharges 4 major functions:— normal general revenue
administration including collection of rent, settlement of land disputes,

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distribution of surplus land, settlement of bataidari disputes, settlement of
government lands etc. These are done in a routine manner through the
Divisional Commission, the Collector, the Block Level Revenue Officer called
Circle Officer, Revenue, a Circle Inspector whose jurisdiction is coterminous
with that of the Circle Officer and a Karmachari for each of the Revenue
Halkas which are a group of villages clubbed together for revenue purposes.
The second function is that of acquisition of land for public purpose or for
companies under Land Acquisition Act 1894 or for similar other Central and
State Acts. The third is Survey and Settlement Operations and the fourth is
Consolidation of Holdings.

5.11.3 The Survey and Settlement Operations are controlled by a

Director of Land Records and Surveys who functions under the Land Reforms
Commissioner in the State. Below him, there is a hierarchy which has been
depicted in Table -5. 5.

5.11.4 No Interface with the Users: As of now the basic supervisory

function are being discharged by the members of the Indian Administrative
Service and state administrative officials. The basic field functions are being
exercised by Junior Level Officers not belonging to any recognized service eg.
Circle Inspector under Anchal Adhikari. There are similar categories of
functionaries at the same level and under the Directorate of Land Records and
Surveys, Land Acquisition and Consolidation who are not having any interface
with one another at the ground level. Their only conversion is at the level of
the Land Reforms Commissioner or under the Divisional Commissioner. If they
were interchanged they could easily transfer rich experience from one field to
another.

Table- 5.5: Structure Of The Land Record Administration

Director

(Field operation) (Head quarters) (Map-Reproduction)

Settlement Officers Asst. Director Dy. Director

Charge Officer (A.D.M) Section Officer Asst. Director (Tech.)

& [Link] (Adm.)
Asst. Settlement officers Assistants Other Officials

Circle Inspector - cum - Kanungo

Inspectors

Amins

Recommendations

(i) There should be mobility of staff amongst the different wings at

the village, Mandal, district and at the Divisional level so that the
experience of one field is brought to the other.

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(ii) Even at the State level there is need to examine the programme
structure of Revenue Department and remove the duplicity in a
time bound manner.

5.12 Withdrawal from the Rural Areas

5.12.1 The Committee observed that in many states and areas the Village
Officers or the Mandal Revenue Offices do not reside at their respective
headquarters. Instead these officers were found to reside at the district
headquarters. The regular interface of officers withwith the tenants or the
Raiyats at the village level, which is so essential for the system to function in a
routine course or with the Panchayats is missing. There is no accessibility of
the revenue officials to the tenants.

5.12.2 While the dispute is related to the field situation it is normally

decided at the Mandal level or above travelling right up to the Board of
Revenue where they exist. In State after State the raiayats complained that
the greatest problem is to find the Patwari this lack of accessibility breeds
gives rise to the myriad problems associated with the revenue administration.
In most disputes there is no spot inspection and the entire evidence is taken
either under the provisions of the Civil Procedure Code or under some other
similar law.

5.12.3 The Committee is also constrained to observe while some of the

Revenue Courts have changed over to the local language the higher Revenue
Courts and the Judicial Courts by and large continued to use English, a
language still not understood by the masses. This leads one to the conclusion
that the Land Revenue Administration and our management of land is fully
urban based and colonial in character. Such a Land Management System
is not up to the task of implementing the reformist legislations and
discharges the Management of Land with sensitivity towards the
landless poor and the small and marginal farmers.

5.12.4 It is observed that the Land Management have remained largely

bureaucratically driven over the last 200 years and the legacy was inherited
by independent India. The normal argument is that the sanctity of the land
records are inviolate and they are only safe in the hands of revenue
officials/bureaucrats. This argument does not buy good for the simple reason
that the land records as it has been pointed out in the study and in all
Committees are in shambles and do not reflect the ground realities. This
failure has to be accepted by the present set of land managers.

5.12.5 Linked to this is the exclusiveness of the Land Management

System. The Committee feels the need for greater association of the people’s
institutions and public representatives to be associated with the process of
recording of rights and their updation at the grassroots. Some of the stray
evidence of such association is in the State of Andhra Pradesh where in the
Bhu Bharati Programme the Sarpanch has been made the Chairperson of the
Dispute Resolution Committee. In fact the Bhu Bharati has emerged as a

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parallel movement to the Panchayat. In the State of Rajasthan the Sarpanch
has been given the power to approve mutations after registration by the Sub
Registrar who is the Tehsildar in this case. This virtually results in dilatory
process and politicization of the simplified law. The power stands vested in the
person of the Sarpanch whereas it should have been vested either in the Gram
Sabha or in the Standing Committee dealing with land.

Recommendations

(i) All revenue work should necessarily be carried out in the

language of the State.
(ii) All Court should also be in the language of the State;
(iii) All records should be on the Panchayat Portal in open source.
(iv) A copy of the RoR should be available with the Panchayat for
inspection.

5.13 Marginalisation of the People’s Institutions

5.13.1 The Report of the Committee on Revitalization of Land Revenue

Administration had also noted this major flaw and had recommended: “We
believe that keeping in mind the Directive Principles of State Policy enshrined
in the Constitution, the unique characteristics of the Indian Polity and the
national consensus that has been reached in the matter of democratic
decentralization, the right step will be to transfer Land Administration in due
course to Panchayati Raj Institutions. But considering that the 73 rd
Amendment to the Constitution does not include land revenue in the list of
subjects to be transferred to Panchayats, that there is still considerable
resistance at the political and bureaucratic levels to the transfer of even the
listed subjects to Panchayats and that Panchayats are in their infancy…….we
suggest that after watching the working of Panchayati Raj Institutions for a
period of five years or so, Land Administration should be transferred to
Panchayats.” The Bandyopadhyay Committee has also recommended a major
role for the Gram Panchayats in Land Reforms. He has recommended that a
Block Level Committee for resolution of disputes should be headed by the
President of the Panchayati Samithi while the Sarpanch of the Gram
Panchayat concerned to be the Member Secretary.

5.14 Role of the Panchayats

5.14.1 Article 243 G depicts Panchayats as institutions of self-

government and provides that the State Legislature may empower them with
devolution of powers and responsibilities that may enable them to undertake:-
(a) the preparation of plans for economic development and social justice; (b)
the implementation of schemes for economic development and social justice
as may be entrusted to them including those in relation to the matters listed
in the Eleventh Schedule. The different States have empowered their
Panchayats differently. The State of Panchayat Report 2008 gives an
assessment of the capabilities of the Panchayats in all the States/Union
Territories. While in some of the States the Panchayats have been adequately

167
empowered with functions, functionalities and finances as detailed in
Schedule XI of the Constitution and have taken the form of full-fledged
government. However, as noted earlier the Panchayats have been kept
carefully away from the land matters and their association with land
management is incidental. On the other hand as the State of the Panchayat
Report notes there is a strong agencification of Panchayats which undermines
their governance role.

5.14.2 The case studies conducted by the Committee in two Panchayats

namely Heure Bazaar in Ahmednagar district of Maharashtra and in
Gopalpura in Churu district of Rajasthan, it has been noted that the
Panchayats have gained in prestige and status. The President of Heure Bazaar
Panchayat Shri Popatbhai Pawar is a Post-graduate who has opted to stay
back in the village. He has been elected uncontested since 1989 as the
Sarpanch of the Panchayat. His Panchayat has become fully literate; thus 3
BPL families in the village; out migration has stopped totally and there is
reverse migration of 40 families who had left the village decades ago; the
employment opportunity have increased enhanced educational facilities and
there are 3 doctors and 73 teachers and a large number of people employed in
army. The Panchayat has full control over the wasteland and forest land and
they have taken of the entire area for watershed management and for
afforestation programme. It has initiated incentives for protection of trees and
enhancing water bearing capacities of the soil. The Panchayat has also
imposed the condition that no land will be sold except to the landless and the
Panchayat will also have a role in deciding the prices to be paid. This has
completely eliminated landlessness in the village and ensured fair exit for the
landholders.

5.14.3 In Gopalpura the Sarpanch [Link] Rathi, a first time Sarpanch

has completely resolved all conflicts in the village. She has involved the
villager in protection of the common lands and the forest lands. She resisted
the efforts of the State Governments to grant mining lease to private parties
on Panchayat and forest land and went to the High Court. The villagers of
almost 20 Panchayats have united to protect their common lands. The
Sarpanch of Gopalpura has prepared a development plan for the village and
has also developed a land use pattern for the village. She is constrained by the
lack of untied grants. Her greatest concern is that the villagers must have
freedom from the ‘oppressive reign of the Patwari’ who is the root cause of
many disputes arising in the rural society. She would also like to have custody
of all waste and common lands and would like to have the authority to decide
the land revenue in the village, realize and appropriate the same for the
Panchayat work.

5.14.4 Vesting of control over the village lands and the wastelands in the
Panchayats is a contentious issue and was reflected even within the
deliberations of the Committee. Before vesting all common lands and
wastelands with the Panchayats, we need to look at the track records of how
the Panchayats have managed the land that is already under their control i.e.
the community pasturelands (called ‘Charnot’ or by other local names). The

168
data/evidence from most States have shown that Panchayats have tended to
succumb to pressures from local elite and have not been good custodians of
these lands. Without looking into the factors leading to poor governance by
Panchayats of existing lands, it will not be appropriate to hand them control of
yet more lands. This argument would also be applicable to the powers of
removable of encroachment over village land and adjudication of disputes.
The argument in favour of the Panchayats runs as follows. The common and
the wastelands belong to the community and have to managed in their
interest. They do not belong to the Government. From the time immemorial
these lands were being managed by the community till the British took away
these rights in the Permanently Settled areas and vested them into the
proprietor of the estate. On the abolition of the intermediary interests these
rights have passed on to the Government. In the Mahalwari areas these rights
continued to reside with the community. There are substantive areas of
Shamilat Deh lands in the erstwhile Punjab State which are well managed and
yield handsome amounts to the Panchayats. The Panchayats represent the
people and express the community will. The charges of elite capture may be
true as many instances but it is also true that functional Panchayats are
antidotes to interlocked elite structure. A number of studies indicate that the
Panchayats have led to empowerment of women, the Dalits and other weaker
sections. The Committee, during the course of its enquiry has found the
existing system of land management not only lacking in transparency but also
governed by political economy. It may be apprehended that the Panchayats
are subject to elite capture. Such charges would be equally applicable to
present management which remains largely in the hands of bureaucracy for
which evidence has been forth coming befor the Committee. It could also be
argued that only when the people’s respresentatives are associated with the
process of recording of people’s rights, that they will have gained in
experience and responsibility.

5.14.5 The Committee is strongly of the opinion that land has to be freed
from its semi-colonial management structure, and the villagers from the over
lordship of the Patwari. It was rightly remarked that while the land is in
village, the parties to a dispute are in a village, the dispute exists on ground
why should Court at the District or State Headquarters take years to decide
an issue which is a matter of common knowledge in the village and which
could have been resolved in one sitting of the Gram Sabha. It has been rightly
remarked by the Sarpanch Gopalpura that the disputes are mostly creation of
the Patwari. Our Court system is continues to be colonial in its language,
dress, bearing, procedures and orientation. There is an urgent need to involve
the people and their institutions in form of Panchayats both for the purposes
of maintenance of records and ensuring proper management.

5.14.6 In some States like Uttar Pradesh, Punjab, Haryana, Rajasthan, etc. the
management of wasteland is vested into the Panchayats. There are instances
where the Gram Sabha lands have become encroached but the Panchayats
have not been able to get such encroachments vacated.. This, however, is
more on account of the fact that usually the support that should have been
forthcoming from the administration is missing. The Committee has arrived at

169
the conclusion, despite these handicaps, the Gram Sabhas have been able to
manage their lands better. The Panchayats need to be vested with authority
and administrative support in order to make a success of their tasks.

Recommendations

(i) Full rights of management to vest in the Gram Sabha of the

Panchayat which will include the village Wasteland, Common
Lands, land under public utilities, Government Land, community
lands, dedicated lands etc.
(ii) The management rights will include settlement of land on annual
basis or for such terms as be deemed desirable by the State
Government, development of such lands or such other measures
that the State Government may deem it fit.
(iii) There should be a Standing Committee dealing with land issues
including management of waste land, common lands, etc.
(iv) The right of Settlement of Land should rest with the Gram Sabha
of the Panchayat
(v) No settlement of Gram Sabha land should be made on a
permanent basis. The settlee and his descendants should have
the right to use and inheritance.
(vi) Land Settlement may be conducted on periodic basis.
(vii) The Gram Sabha should have the power to evict all encroachers
from public land.
(viii) The State/Central Government should provide the Panchayats
assistance to enhance their capacities.
(ix) The Panchayats should be entitled to draw upon and utilise the
funds of the NLRMP.

5.15 Inaccurate and Obsolete Land Records

5.15.1 On account of a structural deficiencies the Land Management

System is highly error prone and inaccurate. This has been well established
by means of the State surveys conducted by the NIRD. Koneru Ranga Rao
Committee in Andhra Pradesh reports that land being a dynamic entity
changes keep taking place in ownership extent and boundaries and
classification unless these changes were promptly captured the land records
become absolute within no time. Such deficient or absolute records do not
resolve conflict but add to them. The Committee also found by means of
surveys conducted that in certain areas the transactions which have taken
place say after 1948 have not been recorded for more than 60 years now. In
Bihar, D. Bandyopadhyay Committee found that the mutations are simply not
matching the changes taking place on account of sale transfer lease and
inheritance. The cases are not being filed as the process involved is so
irksome, time consuming and expensive that it frightens away the Raiyats.
Even the cases that are filed, their disposal rate is very slow. In the year 1945
the then Government has instructed that a drive be undertaken to get the
mutation cases disposed of as a consequence of which 11,73,143 cases were

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filed in the year 2005-6 and 19,25,021 cases in the year 2006-7. The figures
have been given in Table-5. 6 below.

TABLE- 5. 6: Status of Mutation Cases in the State of Bihar (2002-2007)

Total No. of cases Total No. of cases No. of pending

Financial year
filed disposed cases
2002-03 315718 300034 15684
2003-2004 463930 453928 10002
2004-2005 496420 484710 11710
2005-2006 1172143 1123751 48392
2006-2007 1925021 1867070 57551

5.15.2 It is to be noted that there are provision for linking the

registration process to mutations. A Landlords Certificate Fee is charged at
the time of registration for undertaking change in record. The instructions are
that a copy of the registration order will be sent to the concerned Revenue
Official who will start proceedings for mutation suo motto. Despite these
instructions the number of mutation cases filed with revenue authorities do
not match the number of transactions that have been registered. It is
noteworthy that the number of inheritance cases and the unregistered
transactions in land would outweigh the registered transactions. Assuming
that 10 per cent of such registered documents would not relate to land
transactions requiring mutation of names, roughly 9 lakh potential mutation
cases had been generated annually by such registrations. Now if one
compared the cases of mutation filed in the years 2002-03 to 2004-05 one
would find that yearly there were annual backlog of mutation cases of average
5 lakhs. Obviously, officers and staffs responsible for disposal of mutation
either willingly or because of some other reasons, failed to take cognizance of
these mutation cases and did not act properly. Either the Sub-registrars did
not notify the Revenue officers of the transactions that had taken place or the
concerned revenue officers did not pay any heed to the information they
received from the Sub-Registrar offices. It only indicated that there was
serious lapse on the part of the controlling officers to ensure that documents
registered did get reflected in appropriate revenue records through mutation.
Table-5.7 below indicates the registered transactions for the same period.

TABLE- 5. 7: The Number of Registered Transactions

2001-02 2002-03 2003-04 2004-05 2005-06

1010074 1038325 1020132 989859 1004263

Recommendations

(i) The Gram Sabha should be allowed to sanction mutations in

undisputed cases.
(ii) In disputed cases the matter should be referred either to the
Nyaya Panchayat or where the Nyaya Panchayat does not exist to

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the Dispute Resolution Committee of the Panchayat for
arbitration and adjudication.
(iii) At the higher level there should be a Board of Appeal comprising
elected Panchayat members and revenue officials.
(iv) There should be correction of the record-of-rights every 6 months
where in the corrections should be read out in the Gram Sabha.
(v) The Khesra Girdawari/Adangal should be prepared and approved
by the Gram Sabha.

5.16 Lack of Transparency

5.16.1 The creation and correction of records are made under one law or
the other of the State Legislature. This also involves a quasi-judicial process
wherein the orders are appealable. However, perusal of court records
indicates that the process is being undertaken more in judicial manner than
one involving correction of the rights of the people. In a number of cases the
court records were found to be pending for an inordinate time on account of
lack of availability of the revenue officer to hold the court for reasons of law
and order and engagement with other tasks. It has already been mentioned
that the revenue officials are also responsible for discharge of a number of
other functions including census, law and order, holding loan melas and other
miscellaneous activities. In a number of cases the court orders were also
found to be written in English. The parties involved were not found to fully
comprehend the orders. The orders were so cryptically written that at many
times it was not possible to understand as to why the rights of some had been
overlooked in favour of others. This indicates that there is lack of
transparency in the the Land Management System. The records-od-rights are
not mere documents by instruments to safeguard the rights of the
marginalized and the poor. There is a contestation over land amongst the
landless and the weak with the rural elite over the issue of land. Such system
of land management which is lacking in transparency, acts against the
interest of the landless, the weak and the poor and rather reinforces the rural
elite.

5.16.2 Even after 60 years of Independence, most of the revenue laws

and instructions continued in English. Even where translations were made
into Hindi and other regional languages they are found to be more complex
and incomprehensible as compared to the original work in English. There
were no efforts feasible to create legal literacy in respect of the revenue laws
and instructions through self-taught mode in simple local language. Such a
step was never under the contemplation of the Revenue Officials. To the
contrary there was a persistent complaint that the revenue administration
went out of its way to keep its records and its legal system out of reach of the
common masses.

Recommendations

(i) All orders in respect of land affecting the rights of the people
should be posted on the net.

172
(ii) In a village based judicial system all orders should be open for
display.
(iii) Even the vernacular used should be simple.
(iv) The emphasis should be more on dispute resolution than
adjudication.

5.17 Political Economy around Land

5.17.1 The Committee has taken note of the complaint of the people
voiced during the course of field enumeration regarding the rent seeking
behavior of the revenue staff. Even D. Bandyopadhyay Committee came across
strong evidence to this effect during the course of the Public Hearings (Jan
Sunwais) 15 of which were conducted. The Committee has arrived at the
conclusion that the present system of land management is urban
oriented, lacking in transparency and does not serve the interest of the
poor. Further, it has developed a rent seeking relationship vis-à-vis
their clients. It has also given rise to a vicious circle of which arises
from the lack of accessibility leading to lack of proper maintenance,
inaccurate records-of-rights, rent seeking and which in turn leads to
further manupilations.

5.17.2 The Committee is also constrained to observe that on account of

visible rent seeking behavior particularly at the cutting edge of the revenue
administration there is a strong political economy that has grown around the
land issue. Land is increasingly becoming commercial commodity and hence is
in increasing short supply for agricultural purposes. There is a tremendous
pressure on land impelled by the urbanization process, growing
industrialization, expansion in service and leisure industries, a gross
imbalance in money supply in the urban and rural areas, the growing demand
for colonization. This stand is perceptibly visible since the introduction of the
liberalization process in the year 1991.

5.17.3 It is also equally strongly felt that there is no reconciliation in

theoretical terms between the non-agriculture demands on land and the pro-
poor policy of the State Government. This matter has been dealt in greater
length elsewhere. Still one is constrained to note that at the State and the
National levels there is no clarity regarding the land use — how much land
should be retained by the poor people, how much by the middle class and
large class farmers, how much for maintence of the ecology, how much by the
industrialists, how much for the infrastructure, how much by the urban
agglomerations. The understanding that one derives from reading the
planning documents that urbanization and industrialization of India is the
ultimate goal and starting right from the Mahalanobis model of the Second
Plan this plan appears to be consistently pursued. At the field level there is as
soon as an urban demand for land acquisition is placed it acquires a
momentum of its own and this often leads to the rights of the weak and the
marginalized being overlooked. There is no National Land Use Policy at
present and the States are pursuing their own policy as per their convenience.
It is of course well realized that given the regional and State diversities it may

173
not be feasible to prescribe a uniform policy for the country as a whole.
However, still it will be possible to indicate the broad parameters under which
the land use could be categorized and the State could come out with their own
policy. The Committee feels that unless this ambivalence at the National and
State level are reconciled the Land Management System will continue to be
pro-rich and anti-poor. In addition, it will also be governed by strong
conditions of political economy that are easily noticeable.

5.17.4 Failure of Control Mechanism: Under the circumstances

aforementioned the existing Land Management System has very little internal
control mechanism. The Koneru Ranga Rao Committee Report was
constrained to observe: “In most States, as in A.P., incorporation of
changes in the records has not been done on a regular basis. As a
result most of the records are obsolete. To add to the problem, land
records have become quite old, some of them more than a century old.
Due to continued handling for day-to-day administration, a good part
of the records has crumbled and eventually became unavailable. No
efforts have been made to conduct resurveys to create up to date land
records for villages for which they are not available, owing to the
expensive and time consuming nature of the resurvey operations.
Further, survey framework on ground only partially exists due to large-
scale missing of survey boundary marks. No efforts have also been
made to renew missing survey stones on ground. These factors have
contributed to escalation in civil litigation, arising out of boundary and
title disputes.”

5.17.5 The State Reports of the NIRD, D. Bandyopadhyay Committee

Report and the Koneru Ranga Rao Committee Report point to the lack of
adequate supervision from superior officers in revenue administration as well
as the failure of the internal control mechanism. This makes the task for a
poor man to secure justice at the hands of the revenue administration a
farfetched task. The Committee feels that this is one of the reasons why a
common man appears to be losing faith in the capability of the State to deliver
not only distributive justice but the normal justice which is due to every
person.

Recommendations

(i) The Collector should be divested of his direct court and revenue
functions as he is too busy with other works and should just
exercise supervisory functions.
(ii) The powers of appeal and major decisions should vest in
tribunals rather than in individual officers.
(iii) A cadre of revenue officers should e created at the district level.
(iv) A cadre of junior officers will work under the Panchayats subject
to their full administrative control.
(v) All States should consider introducing a system of annual
revision of records.

174
5.18 Poor Dispute Resolution

5.18.1 It is the considered opinion of the Committee that the existing

Land Management System in most States gives rise to disputes rather than
resolving them. The observation of the Koneru Ranga Rao Committee is most
pertinent: “Presently the Revenue Courts are choked. Thousands of
cases pertaining to land issues are pending in revenue courts. In the
Hon’ble High Court there are more than 3,000 cases on assignment
alone. In Hyderabad 8,000-10,000 cases are pending in CCLA and the
revenue courts. With passing time the number of cases is only
increasing.” This state of affairs is on account of the following:-

(a) Inadequate time is given to Dispute Resolution by the Revenue Officials

particularly the top revenue officials. This is on account of two factors —
their excessive engagement otherwise and the lack of priority accorded
to this subject. Perusal of the court records indicates that petty cases
have lingered on for decades together. Each date given in the case
means an additional expenditure on part of the poor litigant stretching
his resources and leaves him worse off even if he were to win the case.
(b) The training given to the revenue officials is inadequate. They are
trained better in court procedures than in resolution of disputes with
the result that there is greater emphasis on form rather than content..
There is an excessive preoccupation with the court ceremonies, dress,
decorum and other external forms of behavior while there is none on
meeting justice to the poor person or to resolving the dispute
expeditiously.
(c) There is an excessive reliance on documents and oral evidence
administered under oath while there is little credence given to knowing
the facts by making a field visit. In parlance of the revenue
administration a visit to the disputed land is worth more than hundreds
of pages of written documents. Since the Courts are overburdened field
visit takes a back seat.
(d) Even where the visits take place, perusal of the records indicate that the
visit note is not properly recorded and at times there is deliberate effort
to obfuscate the real issues whereby the poor person normally stands to
be harmed.
(e) There is also a lack of clarity regarding the role in case of most revenue
officers. There is a difference between judicial and quasi-judicial
proceedings. The revenue courts are not judicial courts. The presiding
officers of such courts cannot afford to forget that their primary job is to
deliver justice to the poor and to protect the interests of the landless
and the small farmers. Unless this attitude has to be inculcated the
system will never work in favour of the poor.
(f) The legal help in the resolution of the cases is extremely weak. The poor
litigant cannot argue his own case for the lack of articulation and
excessive formalism relied upon by the Courts. Also the Courts have no
patience or time to listen to him. On the other hand, the assistance
rendered to the court from the Government side is often found weak and
not free from biases of several kinds. Hence, it is necessary that an

175
alternative mode of dispute resolution has to be considered which
should be village based and more oriented towards dispute resolution
rather than adjudication.
(g) The Dispute Resolution mechanism which traditionally existed in our so-
ciety stands demolished. In some States there is a forum for resolution
of disputes under the Panchayat system. However, it is not functional in
most cases. Instead the Government of India proposes to come out with
a Gram Nyayalay Bill whereby the formal judicial system being extended
downwards to the Taluka or Mandal level. This he ould be disastrous as
it would add to litigation. The Ministry of Panchayati Raj had come out
with proposals of a Nyaya Panchayat which would be an alternative fo-
rum for dispute resolution at the village level.
(h) The Committee, however, notes with a good deal of appreciation the Ac-
cess to Land Movement being undertaken in the State of Andhra
Pradesh under the aegis of the Velugu programme. Under this Move-
ment dedicated teams of lawyers, concerned citizens, retired bureau-
crats, students, social activists and government servants visit the rural
areas, adopt villages and get these disputes resolved either through ne-
gotiation, arbitration or through the formal Court process. Where this
drive to emerge as a regular system it would render a good deal of bene-
fit to the rural poor and provide them with linkages to the urban areas
thereby adding to their social capital and also resolving their pending
land issues. Still it is felt that the system needs to be institutionalized
within a formal structure.

Recommendations

(i) It has to be clearly realised that the disputes arise from the way
that we manage our lands. The present management system is
incapable of delivering particularly on the fronts of distributive
justice.
(ii) Maximum reliance should be placed on field visits and the
evidence of the boundary raiyats.
(iii) In case of field visit the local inspection note should be properly
recorded.
(iv) The Nyaya Panchayat Bill should be enacted by the Government
of India for better adjudication.
(v) The Committee appreciates the Access to the Land Movement of
Andhra Pradesh and recommends its adoption by other States
with such modifications as may be deemed proper to suit the
local environment.

5.19 Emerging Forces in the Land Market

Liberalisation Process

5.19.1 The Committee takes cognizance of the process of liberalization

that was set into motion by the new economy policy of 1991. While certainly
the rigours of structural readjustment have been cushioned by a strong safety

176
network of poverty alleviation, employment generation and welfare schemes,
the process is not without its impact upon the land related issues and the
marginal and the small farmers. Some of the most pronounced factors are
listed below:-

5.19.2 Rise in Landlessness: There is increase in landlessness in the

rural areas. Landlessness has had a phenomenal increase from about 40 per
cent (1991) to about 52 per cent (2004-5). Table -5.8 below indicates the
growth in landlessness. While all the enhanced landlessness cannot be
attributed to the liberalization process alone the non-agricultural demands
placed on land on account of industrialization, infrastructural development,
urbanization and migration of the urban rich in the rural areas have certainly
contributed to the process.

5.19.3 Pure landlessness had gone up from 9.6 per cent (1971-72) to 11.3
per cent (1992). Given the growth of rural households, this rise can be
construed as moderate. However, near landlessness i.e. households operating
less than 0.4 hectares rose by 16.5 percentage points during this interregnum.

5.19.4 Rise in Joblessness: One feature of the liberalization rate growth

is the decline in the rate of increase of employment in the formal sector. The
organised sector has taken advantage of the process to reduce its work force.
Of particular importance is the decline in the employment in the public sector
undertakings. The figure given in Table-5.9 below would indicate the
position.

5.19.5 Deepening of Poverty: The liberalized era has witnessed the

concentration of wealth with wealth and poverty with poverty. While India
runs 6th in the number of billionaires in the world it is 126 in terms of the
Human Development Index. There has been a deepening and concentration of
poverty amongst the landless labour, marginal farmers, women workers, the
Scheduled Castes and Scheduled Tribes and the minorities. The poverty
amongst the Scheduled Castes and Scheduled Tribes has declined more
slowly as compared to the general sections of the population. The 61 st round
and the Report of the NCUS indicate that almost 860 million Indians live on
an income below Rs.25 per day. The figures in Table-5.10 below would
indicate the position.

Table- 5. 8: Incidence of Landlessness in Rural Areas (%)

1971-72 1981-82 1991-92

State
A B C A B C A B C
AP 7.0 47.6 65.3 11.9 22.2 48.6 11.9 29.9 59.3
Assam 25.0 46.1 69.6 7.5 35.0 61.5 13.4 35.9 70.8
Bihar 4.3 53.0 71.7 4.1 42.5 68.7 8.6 52.0 76.8
Gujarat 13.4 39.2 52.2 1.8 15.5 38.6 16.3 26.8 47.9
Haryana 11.9 54.5 63.9 6.1 30.3 42.2 3.7 35.1 50.7
HP 4.4 28.1 61.2 7.7 13.7 54.2 10.4 45.4 80.2
J&K 1.0 22.0 59.2 6.8 26.6 60.9 2.8 24.1 58.9

177
Karnataka 12.5 36.1 50.9 13.7 19.3 38.4 10.0 25.9 49.7
Kerala 15.7 72.2 88.7 12.8 72.1 88.9 8.4 75.2 9.6
MP 9.6 28.8 40.3 14.4 15.7 32.9 15.2 18.9 38.7
Maharastr
15.8 36 48.4 21.2 20.9 35.3 19.6 23.9 43.6
a
Orissa 10.6 44.8 68.9 7.7 21.7 54.5 13.8 27.9 60.0
Punjab 7.1 59.9 67.5 6.4 51.9 59.0 5.9 52.2 63.2
Rajasthan 2.9 15.3 27.0 8.1 14.4 30.5 6.4 18.4 39.3
Tamil
17.0 60.5 78.4 19.1 48.5 71.4 17.9 53.6 77.2
Nadu
UP 4.5 43.4 65.6 4.90 32.6 59.6 4.9 38.0 68.0
W. Bengal 9.8 56.5 77.6 16.2 49.8 74.3 11.0 54.6 80.7
India 9.6 21.2 45.8 11.3 33.1 56.0 11.3 37.7 62.8
A: Percentage of landless households
B: Percentage of near landlessness (households with operational holdings ≤ 0.4 ha)
C: Percentage of near landlessness (households with operational holdings ≤ 1 ha)

Table – 5. 9: Person Day unemployment rates for rural areas

All India
Year
Rural Male Rural Female
72-73 6.8 11.2
77-8 7.1 9.2
83-84 7.5 9.0
87-88 4.6 6.7
93-94 5.6 5.6
99-00 7.2 7.5
04-05 8.0 8.7
Source: Inclusive Growth in India, S Mahendra Dev, Oxford, 2008

5.19.6 The Great Distress in the Agricultural Sector: The agriculture

sector has witnessed a decline in agricultural growth down to 1.8 per cent in
2004-5. There has been a corresponding decline in the profitability of agricul-
ture due to rise in factor costs with a result that many people want to exit the
agricultural sector. Dr. Alagh in his Dharam Narain Lecture (Y.K. Alagh, 2003)
argues as follows: “I have been arguing earlier that profitability in agriculture
has been falling and that is not a happy sign in a liberalising phase. In a mar-
ket economy of the kind economic policy in India is pushing, relative profitab-
ility gives signals for resource allocation. Some of my peers whose under-
standing I respect highly, think otherwise pointing out the argument we had
all sworn by earlier, that as long as land productivity is rising, it is all right. I
would suggest that this is no longer valid. In a market economy profitability
gives powerful signals for resource allocation, both for the short run and
equally important for investment. Profitability of resource use is important,
not just productivity of land. We have to move away from a Ricardian to a
Haberler point of view at the micro level. Not just land productivity, but profit-
ability of resource use gives signals at the margin for resource use. Mind sets
have to change. The facts are as follows: Agricultural profitability therefore
falls by 14.2 per cent through the decade of economic reforms. The figure
given below in Table-5. 11 indicates the decline in profitability.

178
Table- 5. 10: Concentration of Poverty in India
State-Wise Population Below Poverty Line (Based n MRP-Consumption) in Rural and Urban
Areas of India (2004-2005)

States / UTs Rural Urban Combined

No. of % share No. of % share No. of % share
Persons Persons Persons
(Lakhs) (Lakhs) (Lakhs)
Andhra 43.21 7.5 45.5 20.7 88.71 11.1
Pradesh
Arunachal 1.47 27 0.07 2.4 1.54 13.4
Pradesh
Assam 41.46 17 0.93 2.4 42.39 15
Bihar 262.92 32.9 27.09 28.9 290.11 32.5
Chhatisgarh 54.72 31.2 16.39 34.7 71.11 32
Delhi 0.01 0.1 15.83 10.8 15.83 10.2
Goa 013 1.9 1.62 20.9 1.74 12
Gujarat 46.25 13.9 21.18 10.1 67.43 12.5
Haryana 14.57 9.2 7.99 11.3 22.56 9.9
HP 4.1 7.2 0.17 2.6 4.27 6.7
J&K 2.2 2.7 2.34 8.5 4.54 4.2
Jharkhand 89.76 40.2 10.63 16.3 100.39 34.8
Karnataka 43.33 12 53.28 27.2 96.6 17.4
Kerala 23.59 9.6 13.92 16.4 37.51 11.4
Madhya 141.99 29.8 65.97 39.3 210.97 32.4
Pradesh
Maharashtra 128.43 22.2 131.4 29 259.83 25.2
Manipur 2.86 17 0.14 2.4 3 13.2
Meghalaya 3.32 17 0.12 2.4 3.43 14.1
Mizoram 0.78 17 0.11 2.4 0.89 9.5
Nagaland 2.94 17 0.09 2.4 3.03 44.5
Orissa 129.29 39.8 24.3 40.3 153.59 39.9
Punjab 9.78 5.9 3.52 3.8 13.3 5.2
Rajasthan 66.69 14.3 40.5 28.1 108.18 17.5

Sikkim 0,85 17 0.03 2.4 0.87 15.2

Tamil Nadu 56.51 16.9 58.59 18.8 115.1 17.8
Tripura 4.7 17 0.14 2.4 4.85 14.4
Uttar Pradesh 357.68 25.3 100.47 26.3 458.15 25.5
Uttarakhand 21.11 31.7 7.75 32 28.86 31.8
West Bengal 146.59 24.2 26.64 11.2 173.23 20.6
Islands 0.44 16.9 0.27 18.8 71 17.6
Chandigarh 0.94 3.8 0.36 3.8 0.4 3.8
Dadra & 0.62 36 0.16 19.2 0.77 30.6
Nagar Haveli
Daman & Diu 0.03 1.9 0.14 20.8 0.16 8
Lakshadweep 0.04 9.5 0.05 16.4 0.09 12.3
Pondicherry 0.58 16.59 1.34 18.8 1.92 18.2
India 1702.99 21.8 682 21.7 2384.99 21.8

Note: MRP Consumption: Mixed recall period consumption in which consumer expenditure
data for five Non-food items, namely, clothing, footwear, durable goods, education and
institutional medical expenses are collected from 365-day recall period and the consumption
data for the remaining item are collected.

179
Share of Bihar, Chattisgarh, Jharkhand, Madhya Pradesh, Maharashtra and West Bengal –
77% of rural poor
72% of poor (Source: S. Mahendra Dev, 2008)

Table- 5. 11: Decline in Profitability of the Agricultural Sector (Y. K. Alagh

2004-5))

Period Price Paid for Output prices

Intermediates
1990-91 104.0 112.3
2000/01 223.0 224.8
% change 1990-91- 114.4 100.2
2000/01

4.19.7The Rapid Growth in Rural e-Connectivity: There has been a rapid

growth witnessed in rural e-connectivity thanks to programmes like NeGP,
eGram Vishwagram, Bhoomi, Bhu Bharati and e-PRI etc. These programmes
have led to rapid spread of IT knowledge in the rural areas and the computer
population in the rural areas has undergone a rapid change. This has
tremendous implication in terms of the capacity of the rural areas to manage
their own affairs particularly those related to land. The figures given in Table
– 5.12 would indicate the growth in rural connectivity.

Table-5.12: Growth in Rural Connectivity

Urban and Rural Teledensity in India (As on 29.02.2008) (In %age)

Teledensity
Circle/States
Rural Urban Overall

Andaman & Nicobar Islands 13.89 24.77 17.94

Andhra Pradesh 10.15 72.44 27.34

Assam 3.85 72.46 13.67

Bihar 3.10 89.13 12.13

Chhattisgarh 1.31 14.2 4.18

7

Gujarat 15.57 58.1 32.34

5

Haryana 16.06 57.6 29.45

7

Himachal Pradesh 30.50 118. 39.90

64

Jammu & Kashmir 7.35 59.4 20.99

180
0

Jharkhand 1.14 11.3 3.49

8

Karnataka 11.14 73.3 33.68

8

Kerala 25.50 97.4 43.98

6

Madhya Pradesh 4.96 58.3 19.54

4

Maharashtra (-) Mumbai 11.66 55.1 26.18

6

North East –I 6.65 89.4 26.32

5

North East - II 3.06 27.4 8.71

7

Orissa 6.66 53.6 14.28

4

Punjab 24.83 80.6 46.85

3

Rajasthan 12.07 57.9 22.98

8

Tamilnadu (-) Chennai 15.37 56.8 34.01

0

Uttaranchal 5.03 24.4 10.37

3

Uttar Pradesh 6.00 50.3 15.58

6

West Bengal (-) Kolkata 7.02 55.4 13.78

3

Kolkatta # 57.4 62.30

3

Chennai # 100. 101.62

13

Delhi # 107. 107.96

96

Mumbai # 81.4 81.41

181
1

India 9.03 64.4 25.34

8
Source: [Link]

5.20 Liberalisation and Other Programmes

5.20.1 Relaxation in Legal Framework: Many of the States have begun

to view the protective land legislation as hindrance to the process of
liberalization and have taken to relaxation in the legal framework.

5.20.2 Introduction of NREGA: The introduction of NREGA has provided a

major source of employment in the rural area. The preliminary study by NIRD
indicates the increase in bargaining strength of the landless labour, decline in
starvation, decline in outmigration, better nutritional status, better
educational status and raise in agricultural wages. The Table -5.13 below will
indicate the employment provided under NREGA. However, the full impact of
the programme on agriculture is yet to be studied in all its implications. The
Committee estimates that it will create a pressure on the large and medium
farms which traditionally hire in labour and will lead to creation of smaller
farms being run on family labour.

182
Table- 5. 13: Funds released under NREGA during 2005-06 & 2006-07
(Rs. In Lakhs)
No. of Release for NREGA
Sl. Districts
State
No. Identifie 2005-06 2006-07 Total
d
1 Andhra Pradesh 13 16474.81 91461.43 107936.24
2 Arunachal Pradesh 1 446.31 1210.85 1657.16
3 Assam 7 33650.13 13970.85 47620.98
4 Bihar 23 30806.30 41581.38 72387.68
5 Chhattisgarh 11 785 55716.74 56501.74
6 Gujarat 6 4241.12 6165.94 10407.06
7 Haryana 2 873.82 3129.39 4003.21
8 Himachal Pradesh 2 898.37 2207.64 3106.01
9 Jammu & Kashmir 3 1135.29 2776.37 3911.66
10 Jharkhand 20 23429.66 43618.59 72048.25
11 Karnataka 5 4402.1 17595.69 21997.79
12 Kerala 2 1169.18 2179.51 3348.69
13 Madhya Pradesh 18 13713.82 178129.20 191843.02
14 Maharashtra 12 19743.56 19235.64 38979.20
15 Manipur 1 461.63 1252.89 1714.52
16 Meghalaya 2 1457.87 2064.68 3522.55
17 Mizoram 2 770.91 783.90 1554.81
18 Nagaland 1 1031.28 430.11 1461.39
19 Orissa 19 7384.75 75456.49 82841.24
20 Punjab 1 822.54 2755.75 3578.29
21 Rajasthan 6 4142.11 72961.00 77103.11
22 Sikkim 1 722.16 451.50 1173.66
23 Tamil Nadu 6 6571.72 14389.21 20960.93
24 Tripura 1 2572.97 1456.66 4029.63
25 Uttaranchal 3 1269.11 2710.60 3979.71
26 Uttar Pradesh 22 33242.07 48655.69 81897.76
27 West Bengal 10 17038.15 30858.84 47896.99
Total 200 229256.74 738206.53 967463.27

Recommendations

183
(i) The experiment guaranteeing title to land has been undertaken
by the Government of Andhra Pradesh. However, the project is
yet to be fully implemented or assessed. A rigorous assessment of
the project should be made by some some independent agency
(ii) The project is using stereo-photogrametry with rectification. This
technology is old and expensive and does not permit taking of
maps in time series.
(iii) The Guaranteeing Title to Land should be a Panchayat based
operation and the final Khatiyan should be approved by the
Panchayats
(iv) The village level data should be put on the National Portal to be
created for Land Information System.

5.21. Land Bank

5.21.1 The Concept of Land Bank has been floated for management of
Land. This experiment has been tried in Andhra Pradesh under the Velegue
programme which consists of purchase of land by the SHGs. It has been
appraised and is highly commended. A concept has been floated that the SHG
movement for purchase of land should spread to other parts of the country.
The landless should organise themselves as SHGs and form a federation at the
village level which will transform themselves into a Land Bank. Such Land
Banks will also have command over the use of waste and commons for
management purposed under the Gram Sabha. This has enormous potential
for the future.

Recommendations

(i) A Land Bank comprising the SHGs of landless workers may be

constituted on pilot project basis and if found appropriate can be
extended to the rest of the country.
(ii) The right to use in respect of the waste land and other cultivable
village lands will vest in the Land Bank
(iii) All unclaimed lands/abundant holdings should also vest in the
Land Bank
(iv) The Land Bank should be authorized to lease in land and get it
cultivated by their members
(v) The Land Bank will have first right of the purchase in respect of
the land being sold in the village.
(vi) The Land Bank can use SGSY resources to purchase land or can
get the same purchased in name of its members
(vii) All transactions will be made in the name of women members
(viii) The Land Bank can lease in land from the absentee landlords or
those not desirous of cultivating land
(ix) The States may bring in legislation for operation of the Land
Bank

5.22 Technological Innovations

184
5.22.1 Recent Developments in the technological field have not only
facilitated the transactions in land management but have made a New
Paradigm possible. The British Land Management had grown out of the
existing social, environmental and technological environment and had used
the state-of-the art technologies available. With the growth in dimensions of
problematique - number of parcels of land, raiyats, introduction of new forms
of tenurial relations, compulsions introduced by technological developments
in agricultural and the allied fields, fading out of some of the existing
institutions and birth and empowerment of some others, birth of a vigorous
and aggressive urban economy and culture and creation of a firm technical
manpower base, alterations in land and production relations to mention a few
there has been a paradigm shift in Land Management. Technology is well
recognised as a factor of production even in the general economic parlance.
The Committee takes note of the technological innovations and their potential
to usher in the new Land Management.

5.23.2 The Committee also notes that either these technologies have
been used in some of the States or have been captured in the formulations of
the Central Government or are available with the technological institutions as
externalities but are yet to be internalised. The mere existence of such
technology is a factor to be reckoned. It, however, involves a whole lot of
issues- the state of manpower base of the Revenue Department, their
recognition of the issues that confront the State, their perception of the
solutions and above all their commitment to induct these technologies. More
important is the commitment of the State Government to the people. Changes
have taken place where the State Government is committed to its tenants and
farmers to provide an upgraded Land Management. It is not a matter of
debate here that a superior Land Management makes significant contributions
to agriculture in terms of efficiency, access to credit, capital accumulation,
seeking market information and investments.

5.23 Photogrammetry

5.23.1 Photogrammetry is the technique of measuring objects (2D or 3D)

from photographs. It may be also satellite imagery. The results can be:
i. Coordinates of the required object-points
ii. Topographical and thematic maps and
iii. Rectified photographs (orthophoto).

5.23.2 A distinguishing feature of photogrammetry is the fact, that the

objects are measured without being touched. Therefore, the term ‘remote
sensing’ is used instead of ‘photogrammetry’. Remote sensing is a rather
young term, which was originally confined to working with aerial photographs
and satellite images. Today, it also includes photogrammetry, though it is still
associated rather with ‘image interpretation’.

5.23.3 Principally, photogrammetry can be divided into two major

classifications:

185
5.23.4 The First Classification depends upon lens setting to capture the
detail features for generation of 2D and 3 D mapping from Ariel photographs
with photogrammetry techniques, with proven application in land parcel
management and the Second Classification uses satellite stereo imageries for
3D generation of maps.
5.23.5 The applications of photogrammetry are widely spread.
Principally, it is utilized for object interpretation, quality and quantity and
object measurement. Aerial photogrammetry is mainly used to produce
topographical or thematical maps and digital terrain models. Among the users
of photogrammetry are architects and civil engineers, Revenue, Survey and
Settlement Departments (to map land parcels, supervise buildings, document
their current state, deformations or damages).

5.24 Photogrammetric Techniques

5.24.1 Depending on the available material and the required results (2D
or 3D, accuracy etc), different photogrammetric techniques can be applied.
Depending on the number of photographs, three main-categories can be
distinguished namely:

5.25 Mapping from a single photograph

5.25.1 Single photograph is only useful for plane (2D) objects, and the
photograph will have a unique scale factor, which can be determined, if the
length of at least one distance at the object is known.

5.26 Paper Strip Method

5.26.1 The Paper Strip Method is the cheapest method, since only a
ruler, a piece of paper with a straight edge and a pencil are required. Four
points are identified in the picture and in a map. From one point, lines are
drawn to the others and to the required object point on the image. Then the
paper strip is placed on the image and the intersections with the lines are
marked. The strip is then placed on the map and adjusted such that the marks
coincide again with the lines. After that, a line can be drawn on the map to the
mark of the required object point. The whole process is repeated from another
point, giving the object-point on the map as intersection of the two object-
lines.

5.27 Optical rectification

5.27.1 The Optical rectification is done using photographic magnification.

The control points are plotted at a certain scale. The control point plot is
rotated and displaced until two points match the corresponding object points
from the projected image. After that, the table has to be tilted by two
rotations, until the projected negative fits to all control points. Then an
exposure is made and developed.

186
5.28 Numerical Rectification

5.28.1 In the Numerical rectification, the object is on a plane and four

control points are marked. At the numerical rectification, the image
coordinates of the desired object-points are transformed into the desired
coordinate system. The result is the coordinates of the projected points.
Differential rectification If the object is uneven, it has to be divided into
smaller parts. The objects are rectified piecewise, with a prerequisite for
differential rectification is the availability of a digital object model, i.e. a dense
raster of points on the object with known distances from a reference plane; in
aerial photogrammetry it is called a DTM (Digital Terrain Model).

5.29 Monoplotting

5.29.1 This technique is similar to the numerical rectification, except that

the coordinates are here transformed into a 3D coordinate system. By the
calibration data of the camera, through the lens onto the photograph can be
reconstructed and intersected with the digital terrain model could be
prepared.

5.30 Digital rectification

5.30.1 The digital rectification is a rather new technique. It is somehow

similar to monoplotting. But here, the scanned image is transformed pixel by
pixel into the 3D real-world coordinate system. The result is an orthophoto, a
rectified photograph, that has a unique scale.

5.31 Stereophotogrammetry

5.31.1 As the term already implies, stereopairs are the basic

requirement. These can be produced using stereometric cameras. If only a
single camera is available, two photographs can be made from different
positions, trying to match the conditions of the normal case. Vertical aerial
photographs come mostly close to the normal case. They are made using
special metric cameras, that are built into an aeroplane looking straight
downwards. While taking the photographs, the whole area is covered by
overlapping photographs. The overlapping part of each stereopair can be
viewed in 3D and consequently mapped in 3D.

Applications

(a) Photogrammetery is used for wide range of applications, for perspective

viewing through 3 D and is a precise information base. Photogramme-
tery is used in rural and urban mapping, topography analysis, disaster
management, watershed management, land resources mapping etc.
(b) The aerial photography is not accurate on account because it is not a
dynamic image and it has to be verified by the means of ground
operations. The satellite imagery, on the other hand, is capable of
various analysis and modelling. The high resolution permits

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identification of objects which is not possible in aerial photography.
(c) The aerial photography is mostly non-lidar. The Lidar Technology is
very expensive and has a limited range while if the satellites are
equipped with leader then it will be able to take photographs photo

Recommendations

(i) The cost effectiviness of the technologies, particularly the aerial

phogrammetry should be assessed when opting for their use. It
has been the experience that when required for second time data
capturing to map the changes some of these technologies may
not be cost effective.
(ii) Presently high resolution satellites gives imageries comparable
to Ariel Photographs. As Cartosat-I has stereo capabilities, it is
recommended that Cartosat-1Imageries should be widely used for
land management and mapping purposes.

5.32 GIS (Geographic Information System)

5.32.1 A GIS is basically a computerized information system with

powerful set of tools for collecting, storing, retrieving at will, transforming
and displaying spatial data from the real world and a decision support system
involving the integration of spatially referenced data in a problem solving
environment.

5.32.2 The information in a GIS relates to the characteristics of

geographic locations or areas. In a GIS, the Earth's features are not only
represented in pictorial form, as in conventional paper maps, but as
information or data. This data contains all the spatial information of
conventional maps, but when stored in a computer, is much more flexible in
the way in can be represented. Spatial data in a GIS can be displayed just like
a paper map with roads, rivers, vegetation and other features represented as
lines on a map complete with legend, border and titles, or it can be
represented as a set of statistical tables, which can be converted to charts and
graphs. The most important feature of GIS is that spatial data are stored in a
structured format referred to as a spatial data base.

5.32.3Geographic Information System(GIS) encompasses many fields

including Computer Science, Cartography, Information Management,
Telecommunications, Geodesy, Photogrammetry and Remote Sensing and is
flavoured with it’s applications of engineering, environmental analysis, land
use planning, natural resource development, infrastructure management, and
many others. The GIS often used with the following key terms namely;

i. Automated Mapping (A.M.)

ii. Computer Assisted or Computer Aided Mapping (CAM)
iii. Computer Aided Drafting (CAD)
iv. Computer Aided Drafting and Design (CADD)
v. Geographic Information System

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vi. Automated Mapping/ Facility Management (AM/FM)
vii. Geoprocessing and Network Analysis
viii. Land information System
ix. Multipurpose Cadastre

5.32.4 The GIS aims at maximizing the efficiency of planning and

decision making, proves an efficient means for data distribution and handling,
elimination of redundant data base and minimizes duplication, integrates
information from many sources, and help complex analysis/query involving
geographical referenced data to generate new information. In land records,
the GIS can be used for integrating and mapping of geological information
like shape, size, land forms, minerals and soil, economic information like land
use, irrigation, crops etc and the legal rights, registration, and taxation etc, in
a precise manner and in digital format.

Recommendations

(i) Survey Database is proposed to store information related to the

geodetic network, current survey data, and historical revenue
cadastral records of all surveys and the repository for detail from
the original revenue source records of the land surveys that un-
derpin the land parcel data or the cadastral framework, and acts
as a reference system for accurate coordinates, and forms the
base for the Digital Cadastral Database;
(ii) Cadastral Database is proposed to provide an up-to-date continu-
ous cadastral map base to support cadastral mapping and the LIS
functions, and stores the current cadastral framework, thematic
overlays and topographical data in a seamless form;
(iii) Legal/Fiscal Database is proposed to facilitate transactions for
updation, mutation, sales etc and provision of revenue approved
maps and title possessions
(iv) The Related Data Base refers to the data in the related fields like
health, water, agriculture, ground water, soil data, irrigation etc.
Such data should be integrated to the other data on the GIS.
(v) A National Portal with a Web GIS is recommended where each
State, District, Block and Village should have own respective por-
tal for storage of land records data. The accessibility of data will
be based on public domain and authentication;
(vi) A dedicated communication network preferably a two-way audio-
video should be operationalised for data sharing, data accessing
and will be interactive in nature. The farmers will be using the
networks of various Departments for raising their queries like
agriculture e-learning process.
(vii) The GIS portal should integrate all information of land manage-
ment from Gram Panchayats in one common data server and
should be compatible with other networks.

5.33 Types of GIS

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5.33.1 There are two major methods of storing mapped information: 1)
Vector GIS and 2) Raster GIS. Geographic Information Systems which store
map features in vector format store points, lines and polygons with high
accuracy. They are preferred in urban applications where legal boundaries
and the analysis of networks are important.

5.33.2 Raster GIS which stores map features in raster or grid format,
generalize the location of features to a regular matrix of cells. Raster GIS data
structures are preferred for digital elevation modeling, statistical analysis,
remotely sensed data, simulation modeling and natural resource applications.

5.34 Thematic Mapping

5.34.1 Maps in Geographic Information Systems are represented

thematically. A standard topographic map will show roads, rivers, contour
elevations, vegetation, human settlement patterns and other features on a
single map sheet. In a GIS these features are categorized separately and
stored in different map themes or overlays. For example, roads will be stored
in a separate overlay. Likewise, rivers and streams will each be stored as a
separate theme. This way of organizing data in the GIS makes maps much
more flexible to use since these themes can be combined in any manner that is
useful. The following illustration shows conceptually how maps are stored as
themes in a GIS. Each different theme is stored on a separate overlay. The
vector based GIS, where the information is stored as a series of points, lines
and polygons. The raster based GIS, where the information is stored as a
series of discrete units called cells.

5.34.2 In addition to organising spatial data by themes mapped

information is also structured as points, lines and ploygons. Besides the
spatial information in a map, the GIS can usually store non-spatial
information, which is related to the spatial entities. For instance an urban GIS
database may have a map theme of property boundaries. Attached to each
parcel will be a textual database, which might store the name of the owner,
the address, the assessed value of the property, or the type of services and
utilities on the site.

5.34.3 The GIS stores both spatial and non-spatial data in a database
system which links the two types of data to provide flexible and powerful ways
of querying or asking questions about the data.

5.34.4 Many Geographic Information Systems handle both vector and

raster data from a wide variety of sources including satellite imagery,
cadastral information, hand digitised maps and scanned images.

5.34.5 In order to ensure that all maps in a GIS database overlay

accurately, the data set is 'geo-referenced' to a common coordinate system. In
many countries the Universal Transverse Mercator (UTM) projection is
commonly used to define coordinates in the GIS.

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5.35 GIS Application

5.35.1 GIS application is dominant in land-use planning and

management, mineral exploration, environmental impact studies,
management of natural resources, natural hazard mapping, forestry and
wildlife management, soil degradation studies, and enumeration area
mapping. The applications of GIS is enormous of which the following fields
derive great applications of a GIS system:

i. Agricultural development
ii. Land evaluation analysis
iii. Change detection of vegetated areas
iv. Analysis of deforestation and associated environmental hazards
v. Monitoring vegetation health
vi. Mapping percentage vegetation cover for the management of land
Degradation
vii. Crop acreage and production estimation
viii. Wasteland mapping
ix. Soil resources mapping
x. Groundwater potential mapping
xi. Geological and mineral exploration
xii. Snow-melt run-off forecasting
xiii. Monitoring forest fire
xiv. Monitoring ocean productivity etc.

5.36 Satellite Remote Sensing

5.36.1 Remote sensing connotes acquiring information about a

phenomenon, object or surface while at a distance from it and without any
physical contact with the objects, thus capture earth feature information from
time to time, which is accurate, reliable and could be used for land related
applications.

5.36.2 With respect to land resources, the satellite remote sensing has
the applications namely: updating topo maps, Augmenting Databases, Image
maps as base maps, Watershed management, Terrain evaluation, Road and
infrastructure maps, Site suitability assessment, soil and crop suitability etc.

5.36.3 Further satellite imageries help monitoring the land use and land
cover on a regular basis and help derive information on change detection and
information on inaccessible areas. Different types of land classifications also
be made by satellite imageries, for the productive and judicious use of land
resources.

5.36.4 The present generation of satellites which capture high resolution

images and has coordinate information, like Cartosat-I of India and Quickbird
of the US. Other satellite data like Cartosat-II and Ikonos are also useful for
land records. The cost of satellite data is much lower than the Ariel
photographs, hence use of satellite data for land information system is a

191
useful proposition.

Recommendations

(i) High Resolution Satellite Data preferably with one meter resolu-
tion and better should be used on continuous basis for building
up time series data for Land Management.
(ii) Archive Data on Land Use Land Cover and Geomorphology should
be integrated with the High Resolution Satellite Data for identifi-
cation of changes and classification purposes.
(iii) Land suitability, irrigability, soil suitability, production esti-
mates, crop/agriculture condition assessment etc could give
value addition to the land parcel information for productive use
by the farmers.
(iv) For common property and other non-agriculture use, wasteland
and land not suitable for agriculture could be identified by Satel-
lite Imagery for judicious land use planning and economic gains
for the Gram Panchayats.

5.37 Global Positioning System (GPS)

5.37.1 The Global Positioning System (GPS) is a worldwide radio-

navigation system formed from a constellation of 24 satellites and their
ground stations. It provides continuous three-dimensional positioning 24
hours a day throughout the world .The GPS technology has a tremendous
amount of applications in GIS data collection, surveying, and mapping.

5.38 Components of GPS

5.38.1 The GPS technology is useful to the map makers and surveyors
mainly for three purposes:

(a) To obtain accurate data up to about one hundred meters for navi-
gation
(b) Meter level for mapping
(c) Millimetre level for geodetic positioning

5.38.2 The GPS is divided into three segments:

(a) Control Segment

(b) Space Segment
(c) User Segment

5.39 Control Segment

5.39.1 The control segment performs three tasks:

(a) Monitor the health of satellites

(b) Determine their orbits and the behaviour of their atomic clocks

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(c) Inject the broadcast messages into the satellites

5.40 Space Segment

5.40.1 The space segment consists of the GPS satellites. It transmits time
and position from at least four satellites visible simultaneously at any time
from any point on the earth’s surface. The GPS satellite constellation is known
as NAVSTAR. It consists of 21 operational satellites and 3 in-orbit spares,
which arranged three in each of six orbital planes, inclined 55 to the equator.
The satellites orbit the globe in every 12 hours from an altitude of 20,000 km.

5.41 User Segment

5.41.1 The user segment consists of the users and all earth-based GPS
receivers. A GPS receiver is a specialized radio receiver. Receivers vary
greatly in size and complexity, though the basic design is rather simple. The
typical receiver consists of:
(a) Antenna
(b) Preamplifier
(c) Radio signal microprocessor
(d) Control and display device
(e) Data recording unit
(f) Power supply

5.41.2 The GPS receivers collect the signals transmitted from the system
of 24 satellites, NAVASTAR. Five to eight GPS satellites always remains within
the “ field of view” of a user on the earth surface. The position on the earth
surface is determined by measuring the distance from several satellites. The
GPS satellite and the receiver each produce a precisely synchronized signal (a
so-called pseudo-random code). Synchronization is made possible by atomic
clocks set in the satellite and also in the receiver. The receiver can measure
the lag between the internal signal and the signal received from the satellite.
That lag is the time it takes for the signal to travel from the satellite to the
receiver. Since the signal travels at the speed of light, the lag time simply
needs to be multiplied by the speed of light to obtain the distance. Once the
distance from several satellites is known, position is determined in terms of
latitude, longitude and altitude by triangulation method.

5.42 Triangulation Method

5.42.1 By triangulation method position is calculated from the distance

measurements of receiver from the satellites. Mathematically, observations
from four satellites are to measure exact position.

5.43 Applications of GPS

5.43.1 GPS is used to perform the following activities fastly and efficiently:
(a) Surveying and mapping
(b) Navigation

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(c) Remote sensing and GIS
(d) Geodesy
(e) Military operation

Recommendations

(i) Differential GPS (DGPS) and Electronic Total Station (ETS) are
recommended for rectification, geo-referencing and accurate po-
sitioning of land parcels.
(ii) In case of bunds covered with canopy, ETS is recommended for
precise coordinates and positioning of land parcels.
(iii) New cadastral surveys and surveys of other kinds like roads,
forests, etc should be carried on by DGPS, complemented by for
ETS for accurate referencing.
(iv) In case of fallow land and Government land surveys by DGPS and
ETS is recommended for avoiding encroachment and accurate
validation of land. This should be complemented with Satellite
Imagery for exact identification of land parcel.

5.44 Ground Penetrating Radar (GPR)

5.44.1 A Ground Penetrating Radar (GPR) is a conventional Radar

System, which captures information beneath the ground on various aspects
like water, soil, minerals, etc, which is proving as a very potential tool for
detecting underground features. A GPR system is made up of three main
components namely 1) Control unit, 2) Antenna and 3) Power supply.

5.44.2 Control Unit: The control unit contains the electronics that
produce and regulate the pulse of radar energy that the antenna sends into
the ground. It also has a built in computer and hard disk to record and store
data for examination after fieldwork. Some systems are controlled by an
attached Windows laptop computer with pre-loaded control software. This
system allows data processing and interpretation without having to download
radar files into another computer.

5.44.3 Antenna: The antenna receives the electrical pulse produced by

the control unit, amplifies it and transmits it into the ground or other medium
at a particular frequency. Antenna frequency is a major factor in depth
penetration. The higher the frequency of the antenna, the shallower into the
ground it will penetrate. A higher frequency antenna will also ‘see’ smaller
targets. Antenna choice is one of the most important factors in survey design.

5.44.4 Power Supply: The GPR equipment can be run with a variety of
power supplies ranging from small rechargeable batteries to vehicle batteries
and normal 110-volt current. Connectors and adapters are available for each
power source type. The GPR can run from a small internal rechargeable
battery or external power.

5.44.5 GPR works by sending a tiny pulse of energy into a material and

194
recording the strength and the time required for the return of any reflected
signal. A series of pulses over a single area make up is called a scan.
Reflections are produced whenever the energy pulse enters into a material
with different electrical conduction properties (dielectric permittivity) from
the material it left. The strength, or amplitude, of the reflection is determined
by the contrast in the dielectric constants of the two materials. This means
that a pulse which moves from dry sand to wet sand will produce a very
strong, brilliantly visible reflection, while one moving from dry sand to
limestone will produce a very weak reflections. Materials with a high
dielectric are very conductive.

5.44.6 While some of the GPR energy pulse is reflected back to the
antenna, energy also keeps travelling through the material until it either
dissipates (attenuates) or the GPR control unit has closed its time window.
The rate of signal attenuation varies widely and is dependant on the dielectric
properties of the material through which the pulse is passing.

5.44.7 Materials with a high dielectric are very conductive and thus
attenuate the signal rapidly. Water saturation dramatically raises the
dielectric of a material, so a survey area should be carefully inspected for
signs of water penetration.

5.44.8 Metals are considered to be a complete reflector and do not allow

any amount of signal to pass through. Materials beneath a metal sheet, fine
metal mesh, or pan decking will not be visible.

5.44.9 Radar energy is not emitted from the antenna in a straight line. It
is emitted in a cone shape. The two-way travel time for energy at the leading
edge of the cone is longer than for energy directly beneath the antenna.

5.44.10 Because it takes longer for that energy to be received, it is recorded

farther down in the profile. As the antenna is moved over a target, the
distance between them decreases until the antenna is over the target and
increases as the antenna is moved away. It is for this reason that a single
target will appear in a data as a hyperbola, or inverted “U.” The target is
actually at the peak amplitude of the positive wavelet.
5.44.11 Data are collected in parallel transects and then placed together
in their appropriate locations for computer processing in a specialized
software program. The computer then produces a horizontal surface at a
particular depth in the record. This is referred to as a depth slice, which
allows operators to interpret a plan view of the survey area.

Recommendations

(i) As Ground Penetrating Radar (GPR) is a latest tool for capturing

information on sub-surface features, which are not captured by
Aerial Photography or Satellite Imagery, and is likely to be a pop-
ular technology for ground water, soil taxonomy, minerals, etc, it
is recommended to sensitise officials and people for this emerg-

195
ing technology so that the acceptability and use of this technol-
ogy could be enhanced when available.
(ii) The GPR Information Base gives great value addition to the land
parcel data and proven technology and processes are available in
Africa and Europe where GPR is introduced.

5.45 LiDAR Technology

5.45.1 Ground control point independence: Each LiDAR pulse is

individually georeferenced using the onboard GPS, INS, and laser
measurements. Only one or two GPS ground stations are required for
improving the GPS accuracy by the differential method. Independence from
GCPs makes it an ideal method for inaccessible or featureless areas like
wastelands, ice sheets, deserts, forests, and tidal flats.

5.45.2 LIDAR is an acronym which stands for Light Detection and

Ranging (radar is also an acronym). A Lidar is similar to the more familiar
radar, and can be thought of as laser radar.

5.45.3 In a radar, radio waves are transmitted into the atmosphere, which
scatters some of the power back to the radar's receiver. A lidar also transmits
and receives electromagnetic radiation, but at a higher frequency. Lidars
operate in the ultraviolet, visible and infrared region of the electromagnetic
spectrum. A lidar contains a transmitter, receiver and detector system. The
lidar's transmitter is a laser, while its receiver is an optical telescope.

5.45.4 Different kinds of lasers are used depending on the power and
wavelength required. The lasers may be both cw (continuous wave, on
continuous like a light bulb) or pulsed (like a strobe light). The receiving
system records the scattered light received by the receiver at fixed time
intervals. Lidars typically use extremely sensitive detectors called
photomultiplier tubes to detect the backscattered light. Photomultiplier tubes
convert the individual quanta of light, photons, first into electric currents and
then into digital photocounts which can be stored and processed on a
computer

5.45.5 Lidar is used for rural and urban planning, where dense data is
captured and analysed. Lidar has no limitations like cloud penetration, day
and night and even canopy, so for urban and pheriphery of urban area
applications, generally Lidar is preferred.

5.45.6 The basic concepts of airborne LiDAR mapping are simple. The
airborne LiDAR instrument transmits the laser pulses while scanning a swath
of terrain, usually centred on and co-linear with, the flight path of the aircraft
in which the instrument is mounted. The scan direction is orthogonal to the
flight path. The round trip travel times of the laser pulses from the aircraft to
the ground are measured with a precise interval timer. The time intervals are
converted into range measurements, i.e. the distance of LiDAR instrument
from the ground point struck by the laser pulse, employing the velocity of

196
light. The position of aircraft at the instance of firing the pulse is determined
by differential Global Positioning System (GPS). Rotational positions of the
laser pulse direction are combined with aircraft roll, pitch, and heading values
determined with an inertial navigation system (INS), and with the range
measurements, to obtain range vectors from the aircraft to the ground points.
When these vectors are combined with the aircraft locations, they yield
accurate coordinates of points on the surface of the terrain.

Application of LiDAR

(a) Time of data acquisition and processing: The data capture and process-
ing time is significantly less for LiDAR compared to other techniques. Li-
DAR can allow surveying rates of up to 90 km2 per hour with post-pro-
cessing times of two to three hours for every hour of recorded flight
data
(b) Minimum user interference: User interference is minimum as most of
the data capture and processing steps are automatic except the mainte-
nance of the ground GPS station.
(c) Weather independence: LiDAR is an active sensor and can collect data
at night and can be operated in slightly bad weather and low sun angle
conditions, which prohibit the aerial photography.
(d) Canopy penetration: Unlike photogrammetry, LiDAR can see below
canopy in forested areas and provide topographic measurements of the
surface underneath. Additionally, LiDAR generates multiple returns
from single pulse travel, thus providing information about understory.
(e) Data density: LiDAR has the ability of measuring subtle changes in ter-
rain as it generates a very high data density (due to firing of 2000 -
80000 pulses per second).
(f) Cost: One of the major hindrances in the use of LiDAR had been the cost
of the equipment. However, in recent years the purchase price of these
instruments has been reduced so that cost is no longer a barrier to com-
panies capable of investing in standard aerial photogrammetry equip-
ment. Furthermore, with more and more users opting for LiDAR the cost
of the system and operation is likely to go further down. The overall per-
formance evaluation of available topographic techniques for coastal ter-
rain, found that LiDAR could achieve good performance at a lower cost.

Recommendations

(i) It is recommended that wherever Lidar Data is available as a up-

suit of urban area mapping project, these data should be avail-
able for Land Management projects.
(ii) Where aerial photographs along with Lidar is available these data
would also be used for Land Management.
(iii) Where detailed Data Base with very dense features are there on
the ground Lidar Data could give precise information for Land
Management
(iv) Officials and people need to be exposed to Lidar Applications as

197
future Satellites will carry Lidar Scanners and the Data will be
readily available in coming years which will be very useful for
Land Management purpose.

5.46 Training support

Requirement of Training

5.46.1 The Committee recognises the importance of training for skill

formation, attitudinal change, motivation, group behaviour and change in
dynamics. The British system had a strong training back up. There were
training schools for all categories of employees and qualification in training
courses had been made compulsory for promotion. There were separate
training schools for Amins, Surveyors, Patwaries, etc.

5.46.2 While these training institutions continue to exist the emphasis on

training has declined. The Committee notes with dismay that completion of
training is no longer being looked upon as a necessary tool of revenue
administration and is not linked to an incentive-disincentive system. The
training institutions have not been updated and there is a noticeable neglect
for the same. In fact what is true of the general training institutions in the
country also holds good of the land management system.

5.46.3 On the other hand there is a clear increase in sophistication in the

land management system on account of introduction of technologies like the
GIS, GPS, DGPS, Satellite Imagery, etc. The new management system of land
which is emerging is totally IT application based. Hence, there is requirement
of a high level of skill at the entry stage, an equally high level of skill
supplement through training and motivation and reorientation to work
directly under the grassroots training institutions. Hence, they call for
dynamic and rotating training policies.

5.46.4 The need for capacity building for the Elected Panchayati Raj
Representatives is also equally recognised. There is a pre-existing framework
of the National Capacity Building Framework for the EPRs which of course did
not take into account the requirements of management of lands at the village
level. Once this task is added to that of the Panchayat a whole lot of
institutions will have to emerge and the skills of the rural masses in general
and of the EPRs will need a total upgradation.

5.46.5 There is also the need for integration at the apex level for
integration of training activities amongst the national institutions. Institutions
like the NIRD, School of Training for the GIS etc have acquired high level
expertise in the matter. Yet there are others like the IITs, the other technical
institutions, the Agricultural Universities and the like which can create a
Network to aid the task of putting in place the New People Based Land
Management System.

Recommendations

198
(i) Capacity Building of the Panchayat Functionaries and Elected
Panchayat representatives

a. Capabilities have to be created amongst members of the

Panchayat for understanding of the revenue records,
surveying, creation of the record of rights and their
maintenance. A National Plan may be prepared as a part of
the National Capability Building Framework already
prepared for the Panchayats.
b. The revenue component will be a part of all training
components to be administered to the Panchayat
functionaries and to the elected Panchayat Representatives.
c. The training will also include basics in computer operation,
maintenance of records and data management

(ii) Training Institutions:

a. Premier training institutions like the NIRD, LBSNAA should

create a network of training institution for the entire
country.
b. The SIRDs/ the Administrative Training Institutes should be
developed into the apex training Institutions for revenue
related training at the State level
c. At the district level the ETCs or some other training
institutions should be inducted as the lead training
institution
d. The civil society-based organizations who have sufficient
capacity could also be developed into training institutions.
e. Such Panchayats which have done very well in this area
should also be projected as models and should be allowed to
develop into training institution themselves.
f. Such Panchayat Training Institutions can provide training
to the villages/Panchayats around them and provide
handholding support.

(iii) Training Infrastructure

a. The Training Infrastructure can be availed from multiple

sources — the existing infrastructure like the
computerization programmes of the different Ministries, the
DRDAs, the ETCs, the other lead training institutions etc.
b. The e-PRI can be pushed at a fast space and the revenue
training will form a part of the e-PRI training
c. Such institutions like the NIC and others can take up the
task of training the members of the Panchayats.
d. The existing survey training schools could become nodal
training institutions for training the Panchayat and other
functionaries

199
(iv) Content of Training

a. A basic framework of Training should be designed at the

national level. The States should have their own training
framework.
b. The training content in self taught mode in very very simple
form
c. The training curriculum should include basic knowledge of
computer application, relevant revenue laws, data
management, principles of taxation, accounting, Panchayat
related laws, delivery system in the Panchayats, etc.
d. The apex institution must make an appraisal of the training
content and the quality of training at the field level.
e. The State Governments are to ensure that there should be a
minimum tenure for the trained personnel for utilizing their
expertise.

(v) Cost of the Programme

a. The cost of the programme including the infrastructure

cost, training cost , revision of manuals, etc will be borne by
the Central Government under the NLRMP on 100 per cent
basis.
b. The existing guidelines of the programme should be
suitably amended for this purpose.

5.47 Conclusion

5.47.1 The nation has persisted with the existing land administration for
the last 60 years of our independence in the name of continuity with
disastrous consequences. It is totally opaque, rent seeking, colonial in
character, favours the rich and deprives the poor and further entrenches the
interlocked rural elite. The events have been overtaken by growth of viable
and robust people’s institutions. The Committee on Agrarian Relations argues
for putting the land management system back on its feet by putting in place
the New People Based Land Management System.

*******

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Chapter VI

Common Property Resources & Issues Related to Conversion

of Agriculture Land to Non – Agricultural Use

6.1 Introduction

6.1.1 Land governance has always been a bone of contention and is the
cornerstone of management of all natural resources. Land use in India has
historically been determined by the revenue or production mindsets. Land
being a state subject the entire land use paradigm in the country is governed
by the respective state revenue codes. Most of these revenue codes have been
inherited from the British times and were made keeping in mind revenue
generation from respective states viz. forest produce extraction from well
forested areas, feudalistic administration systems and collection of cess from
agency areas like Orissa. Post Independence the same laws were adopted with
minor modifications but by and large most of these land laws had provisions
for most of the livelihood practices in that particular agricultural region. Most
of the land ownerships were broadly divided into three categories:

i. Occupied lands: Private lands/Lands under private possession

ii. Unoccupied lands: Govt lands/Lands being used for common pur-
poses
iii. No access lands like Protected Areas (national parks and sanctuar-
ies)/Lands used by the government departments/PWD, Railways
etc.

These lands could be further divided broadly into:

 Occupied Lands
o Agriculture lands
o Non-agriculture lands (used for residential, mining, industrial pur-
poses)

 Unoccupied
o Common lands (CPRs or lands used for community purposes)
o Lands called Wastelands but also being used for common purposes
but not fit for agriculture

6.1.2 But with the advent of time and linking up of local economies with the
global economies many of the regions started giving more importance to
alternate land use practices like industry and other development needs. Many
of the state laws were also amended from time to time to give ways to
diversion or conversion of these lands for other purposes.
Though the land laws had been carrying provisions for preventing the
diversion of lands from one category indiscriminately but still many of the
land uses were misappropriated in two forms:

201
1. Firstly in the form of Unoccupied lands diverted to the first category ille-
gally in the form of encroachments on public lands.
2. Secondly in the form of agriculture lands (mainly category 1.a) being di-
verted for other development needs through either purchase by private
players or through the Land Acquisition Act of the government.

Given this misappropriation of land use it is high time that the country comes
up with a land use prioritization regime that deals with three overarching
concerns. These are:

1. Ecological Concerns – Concerns relating to having a bare minimum area

under green cover to render the ecological services.
2. Food Production Concerns – A certain amount of land should be devoted
to agriculture purpose which should not be diverted for any other pur-
poses till the productivity of existing agriculture land is not enhanced
enough to compensate for the diversion
3. Livelihood concerns – Apart from the mainstream society’s way of life,
the tribal and pastoralists way of life is critical and needs to be con-
served at all costs. Their bonafide livelihood needs comprise of depen-
dence on common lands for grazing, collection of forest produce and
other communal purposes. Unauthorized and short-sighted diversion of
such lands in the Scheduled areas has led to increased marginalisation
of such societies already bereft of access to basic services like education
and health.
4. Given the above concerns, the development needs of the country need to
be done judiciously to allocate land for industrial and development pur-
poses.

CONVERSION PRACTICES OF LAND USE

Private Agriculture Lands Through Land Sales in Open Market

Encroachment, Allot ment s,

Private Non-Agriculture Lands Through Land Acquisition Act

Diversion s

Public Common Lands

Public Waste Lands

Figure 6.1 Conversion Practices of Land Use

6.3 Land Use Planning

202
6.3.1 There is a need to have appropriate guidelines to be followed by state
governments before diversion or conversion of land use so as to check
unregulated misappropriation of lands vital for the survival of various kinds of
livelihood practices without compromising or slowing down the industrial
progress of the country. Hence, the urgent need for bringing in a national
perspective on land use is gaining more ground and should be done by
bringing more of monitoring role for the central government (land reforms
department) than just advisory role.

6.3.2 The mandate of the committee on agrarian relations is to prioritize

between the four overarching concerns while keeping in mind the
administration practicalities and existing capabilities. The report of the sub
group - VI has two separate sections dealing with:

 Common Property Resources – This is basically dealing with priorities

first and third, i.e., ecology needs to be safeguarded from unauthorized
misappropriation and conserved for the coming generations. At the
same time, keeping in mind the priority third, i.e., livelihood needs of
the forest and CPR dependent communities.
 Conversion of Agriculture land for non-agriculture purposes – This is
dealing with priorities second and third and how to balance food produc-
tion needs and industrialization and urbanization needs. In a way, it
should also be seen as a conflict between rural and urban needs or local
and global needs.

6.4 Common Property Resources

6.4.1 Broadly speaking, common property resources (CPRs) include all such
resources that are meant for common use by people and to support ecology.
To add, it is well proven that CPRs have a crucial role to play in rural India.
Apart from sustaining rural livelihoods, they also play a pivotal role in
strengthening community solidarity. Traditionally in rural societies CPRs
development was always in favor of the community. During pre-British era,
CPRs have achieved the above role without much contention as most of the
lands in the country were treated for common purpose. However, after 1950-
52 land settlement CPRs have declined drastically and are getting
increasingly scarce. Moreover, due to multiple claims – livestock sustenance,
distribution of CPRs to landless families, privatization including
corporatization, control on CPRs by resource-rich farmers, diversion for non-
agricultural purpose is causing disputes over CPRs. These multiple claims is
reducing the area under CPRs and causing physical degradation of these
resources. Such deterioration of CPRs is threatening rural livelihoods taking
its toll on the people, livestock, and ecology. In the last few decades, number of
disputes over CPRs have surged pointing to immense dissatisfaction among the
community about lack of favorable public intervention on CPRs. Considering the
growing disputes and multiple-claims over CPR that is making it increasingly scarce,
there is an urgent need to protect and manage CPRs for the very purpose they exist.
Although there are initiatives to develop CPRs, it has largely failed to address the
real concern around CPRs. Due to this, the committee formed under the Ministry of
Rural Development was assigned the responsibility to provide advisory and

203
implementable recommendations to ensure access of the poor to common property
and forest resources. This report presents the findings of the research carried out by
the committee.

6.5 Common Property Land Resources – Concept, Définition and Geo-

graphical Expansé

6.5.1 Definition – "Rural common property resources are broadly defined as

resources to which all members of an identifiable community have inalienable
use rights. In the Indian context CPRs include community pastures,
community forests, Government Wastelands, common dumping and threshing
grounds, watershed drainages, village ponds and rivers etc. The first three
resources are particularly important because of their large area and their
contribution to people's sustenance." 33

6.5.2 The National Sample Survey Organization (NSSO, 1999) study 34 - an

enquiry on CPRs was conducted during January - June 1998 as a part of the
54th round survey of the NSSO. This report pertains mainly to the role of
CPRs in the life and economy of the rural population and is based on data
collected on the area of common property land resources, collection of
different items such as fuel-wood, fodder, and other forest produces from the
CPRs. The enquiry was carried out through a household survey based on
random sampling and a survey of 78,990 rural households in 5242 villages
was conducted for the purpose. (NSSO, 1999, p-12)

6.5.3 Since early 1980s, a large number of field studies on CPRs, of varying
scale, have been conducted, particularly in the arid and semi-arid areas or hill
and forest fringe regions of the country. The NSSO enquiry is the first attempt
to provide comprehensive state and national-level estimates of size, utilisation
and contribution of CPRs. It also provides separate estimates for agro-climatic
zones. The NSSO data set is unique, in that it is the only such comprehensive
countrywide study of common pool resources anywhere in the world. (Vira,
2002) .35 CPRs in the NSSO study are looked at from two angles 36:

6.5.4 De Jure - This approach says “a resource becomes common property

only when the group of people who have the right to its collective use is well
defined, and the rules that govern their use of it are set out clearly and
followed universally”. Thus, this method was used for collection of data on the
size of CPRs. In this approach, only those resources were treated as CPRs
which were within the boundary of the village and were formally (i.e. by legal

33
Jodha N S Depletion of Common Property Resources in India – Micro-level evidence

34
Report No. 452(54/31/4), Common Property Resources in India, NSS 54th Round January 1998 – June 1998, National
Sample Survey Organisation, Department of Statistics and Programme Implementation, Government of India,
December 1999

353
Vira Bhaskar, Conceptualising The Commons: Power and Politics In Globalising Economy, Department of Geography,
University of Cambridge,

36
Concepts and Definition, Report No. 452: Common Property Resources in India, Jan - June 1998, NSS 54th Round,
National Sample Survey Organization, Department of Statistics and Programme Implementation, Government of India,
pp 7

204
sanction or official assignment) held by the village panchayat or a community
of the village.

6.5.5 De Facto - At the one extreme, there is an approach treating all that is
not private property as common property. This approach was adopted for
collecting information on use of CPRs. In this approach, the coverage of CPRs
was extended to include resources like revenue land not assigned to
panchayat or a community of the village, forest land, or even private land in
use of the community by convention. All such land in practice used as common
resources (including common use of private property confined to particular
seasons) were treated as CPRs for data collection on benefits accruing to
villagers even if they were located outside the boundary of the village.

6.5.6 NSSO Estimates: The NSSO estimates (Table - 6.1) on availability of

common property land resources was obtained using De Jure approach from
the survey. Common property land resources, as per this approach, include
the categories of land like community pasture and grazing grounds, village
forests and woodlots and village sites, on which the villagers have legal
usufructuary rights. These also include all other land formally held by the
panchayat or a community of the village. In fact, all panchayat land, even
when given on lease to an individual or to any organisation was considered as
common property. Government forests, i.e., land under the jurisdiction of the
Forest Department, and land put to non-agricultural uses (except the land
under water bodies) were excluded from the coverage of common village land
in de jure approach.
Table - 6.1: NSSO estimates of common pool resources in India

Indicator (all India figures) NSSO estimates

Share of common property resources in total geographical area 15%
Common property land resources per household (in ha.) 0.31
Common property land resources per person (in ha.) 0.06
Reduction in common pool resource land in last 5 years (per 1000 ha.) 19 ha (0.38% p.a.)

(Source: NSSO, 1999)

6.5.7 Also, 23% of reported common pool resource land is community pasture
and grazing lands, while 16% is village forests and woodlots, and 61% is
attributed to the ‘other’ category. ‘Other’ includes the village site, threshing
floors, and other barren and waste land.

6.5.8 Significantly the other category is vague and includes categories whose ownership and
use is ill-defined. Therefore, it seems that large part of the free access revenue land was
misidentified as CPRs.

6.5.9 Chopra and Gulati (2001)37 reclassify India’s Agricultural Land Use
Statistics data for 1991 to estimate the extent of common pool resources in 16
37
Chopra, K. and S. C. Gulati (2001) Migration, Common Property Resources and Environmental Degradation:
Interlinkages in India’s Arid and Semi-Arid Regions, New Delhi, Sage.

205
major states. Their estimation is based on the 9-fold classification (explained
in the next paragraph and table-6.2). The total common property land
resources in the country have been defined as the sum of:

1. Cultivable wastes and Fallows other than Current

2. Common Pastures and Grazing land
3. Protected and Unclassified Forests
4. Barren, uncultivable and other government lands that are being used as
for common purpose

6.5.10 Table - 6.3 reports the data and estimation. This procedure
suggests that non-forest common pool resources in India in 1990-91 were
48.69 million hectares, which is 14.81% of the total land area, a figure that is
remarkably close to the 15% reported by the NSSO survey.

6.6 Nine-Fold Classification System -The Present System

6.6.1 The 9-fold classification system recognizes agriculture as a land use

practice. To start with, the agriculture statistics system in the country was
more concerned with increasing agriculture production and therefore the
nine-fold classification that is collected through a well-established and
internationally acknowledged Agricultural Statistics System.

6.6.2 In India, agricultural statistics system is decentralized both horizontally

and vertically. Primary statistics are collected by the provincial governments
and consolidated for the country by the Ministry of Agriculture, Government
of India. Thus, basically it is a decentralised system with the State
Governments – (State Agricultural Statistics Authorities (SASAs). To be more
specific, it plays a major role in the collection and compilation of Agricultural
Statistics at the State level, while the Directorate of Economics and Statistics,
Ministry of Agriculture (DESMOA) at the centre is the pivotal agency for such
compilation at the national level. The other principal data-gathering agencies
involved are the NSSO, and the State Directorates of Economics and Statistics
(DESs). Major data sources for agriculture statistics are the agriculture and
land use survey aided by the Land Use Survey of the National Remote Sensing
Agency. The data collected in the agriculture census pertain to number and
area under operational holdings, tenancy, crop and land use pattern,
irrigation status, etc. The land use survey is conducted annually and is based
on 9-fold classification. Table 6.2 provides the categories of land under 9-fold
classification. This table further illustrates the categories that are considered
as CPRs based on legal rights and convention along with specific control and
types of control by the government departments.

206
6.7 Ownership of CPRs[1]

6.7.1 As mentioned in table 2 the forest lands are under the authority of the
Forest Department. In Reserve forest areas, all activities are prohibited unless
permitted which implies that all rights are with the department and not even
access rights rest with people (as per the provisions of Indian Forest Act).
Protected Forest areas as notified under the provisions of the Indian Forest
Acts have limited degree of protection. In protected forests, all activities are
permitted unless prohibited. Unclassed forest- an area recorded as forest but
not included in reserved or protected forest category. Ownership status of
such forests varies across states. For the state, the forest dwellers are mainly
tribal people. The Forest Act 2006 has given them the right of ownership on
the forestland for bonafide (self use purposes). The revenue department has
owned the categories like Pasturelands etc. The Panchayat has virtually very
little authority over the use of CPR land. As a result, encroachments reduce
the size and the productivity of the land in question. Agriculture department
does not influence the size and productivity of CPR lands like lands other than
current fallows, but its policies regarding agriculture product pricing,
subsidies on fertilizers and power can affect the CPR land.
6.7.2 The results of the NSSO and those obtained by Chopra and Gulati are
similar for six states (Haryana, Karnataka, Orissa, Punjab, Rajasthan and West
Bengal), but are substantially different for eight others (Andhra Pradesh,
Bihar, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Tamil
Nadu and Uttar Pradesh). The broad patterns of both studies, however,
suggest that common pool resources are most important for states in the arid
and semi-arid zones, and in the Himalayan regions, while the agriculturally-
dominated states of the Indo-Gangetic plains have a relatively low proportion
of common pool resource land.
6.7.3 Some authors have pointed out that land use data may not be a good
indicator, since it does not register decline in actual access to common lands.
(Iyengar and Shah, 2002)[2] There is also general agreement that these
resources are facing pressures from competing land uses, in some cases
affecting their legal extent, but usually impacting more on access and use
than on their de jure status[3].

Table- 6.2: Ownership of CPRs

Land Sub-Category Definition Status Source of Departm Type o
Categor (Source: as Sanction ent Controls
y [Link] CPR[4] for
m) access[5]
[1]
Shukla, Nimisha, Status of Common Property Resource (CPR) Land in Gujarat, Gujarat Vidyapeeth,
Ahmedabad
[2]
Iyengar, Sudarshan and Nimisha Shukla. 2002. ‘Scope of Poverty Reduction through Regeneration of
Common Property Land Resources (CPLRs): A Review’ in Indian Economy: Agenda for the 21 st Century,
(Eds.) Raj Kumar Sen and Biswajit Chatterjee, Deep and Deep Publication Pvt. Ltd.

[3]
Vira Bhaskar, Conceptualising The Commons: Power and Politics In Globalising Economy, Department of
Geography, University of Cambridge,
[4]
C h o p r a , K a n c h a n , Wastelands And Common Property Land Resources, 2001
[5]
Chopra, Kanchan and Purnamita Dasgupta. 2002. Common Pool Resources in India: Evidence,
Significance and New Management Initiatives, Institute of Economic Growth. New Delhi.

207
Forests Reserved Forests include all No No Access Forests Proprietor
lands classed as for- Partial hip,
Protected est under any legal Yes Manageme
Unclassified enactment dealing Partial nt, Us
with forests or ad- user rights Regulation
ministered as User rights Control
forests. by law over
Access
Not Land under This category in- May be No Access Revenue Proprietor
availabl non-agricul- cluded all lands oc- Include hip, Us
e for tural use cupied by buildings, d Regulation
cultivati roads & railways or
on under water, e.g.
rivers & canals, &
other lands put to
uses other than agri-
cultural.
Barren & un- This category covers No No access
culturable all barren & uncul-
land turable lands, includ-
ing mountains,
deserts, etc. which
cannot be brought
under cultivation, ex-
cept at a high cost,
is classed as uncul-
turable, whether
such land is in iso-
lated blocks or
within cultivated
holdings.
Other Permanent This category covers Yes User rights Panchay Use
un- pastures & all grazing lands by law at Regulation
cultivat other grazing whether they are
ed land land permanent pastures
or meadows or not.
Village commons &
grazing lands are in-
cluded under this
category.
Miscella- Under this class is No Use Rights
neous tree included all cul- by Law
crops & tivable land which is
groves. not included under
the net area sown,
but is put to some
agricultural use.

208
Culturable This category in- Yes Partial Revenue Proprietor
wasteland cludes all lands user rights hip, Us
available for cultiva- by Regulation
tion, whether taken convention
up for cultivation or
not taken up for cul-
tivation once, but
not cultivated during
the current years &
the last 5 years or
more in succession.
Such lands may be
either fallow or cov-
ered with shrubs &
jungles, which are
not put to any use.
Fallow Current fal- This class comprises No On Agricultu Indirect
land lows[6] cropped areas, uncultivate re Regulation
which are kept fal- d owned
low during the cur- land:
rent years only. For limited
example, if any user rights
seedling area is not
cropped again in the
same year, it may be
treated as current
fallow.
Fallow land This term denotes Yes User rights Agricultu Indirect
other than the net area sown by re Regulation
current fal- under crops & or- convention
low land[7] chards, counting ar-
eas sown more than
once in the same
year only once.
Net No On Indirect
area uncultivate Regulation
sown d owned
land:
limited
user rights

Table- 6.3: Estimation of common pool land resources using land-use data [8]
[6]
Net sown area (including area under miscellaneous tree crops) and current fallow constitutes together a private
property resource to which non-owners do not have access.
[

In 1991, limited common access to uncultivated private land existed in the seven states of Andhra Pradesh, Bihar,
[7]

Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra and Rajasthan.

[8]
Sources: Agricultural Statistics of India (ASI, 2002); Agricultural Census (AC, 2002); State of Forest Report (SFR,
1991)

209
Land use type 1990-91
1. Total Geographical Area (ASI) 328.73
2. Owned land (AC) 165.51
3. Net sown area (ASI) 143.00
4. Current fallows (ASI) 13.70
5. Private land with common access (2 - 3 - 4) 8.81
6. Cultivable wastes (ASI) 15.00
7. Other fallows (ASI) 9.66
8. Common pastures & grazing land (ASI) 11.40
9. Land under misc. tree crops (ASI) 3.82
10. Non-forest common pool resource 48.69
(5+6+7+8+9)
11. As % of total area 14.81%
12. Protected forest (SFR) 23.30
13. Other forest (SFR) 12.21
14. Common pool resource including forests 84.20
(10+12+13)
15. As % of total area 25.61

6.8 Importance of Common Property Resources

6.8.1 Common Property Resources in India are important sources of livelihood

to rural households. Despite this still there is no clear agenda for designing
public interventions on CPRs. In the context of villages in India CPRs perform
several functions. Their contribution to people’s livelihood is well accepted by
the government and others who work to conserve and develop such resources.
To mention, report no. 452 of NSS 54 th round has clearly highlighted the
importance of CPRs to household income, livestock sustenance; more
importantly, to strengthen community solidarity. As per the report, the total
contribution from CPRs to household income at a national level is INR 693.
This, however, varies according to the agro-climatic zone; gains from CPRs
are highest in the Western Himalayas, i.e., INR 1939 and lowest in trans-
gangetic plains (INR 230). These figures also differ according to the economic
conditions of the households. The findings of the study by Singh and Ambust
(2004) in Gujarat to assess criticality of commons suggest this. They found
that rich derived 23 % of total income from village CPR; major portion of
income (67%) was for fodder from commons. The middle group derived 52 %
of its income from CPRs. While in case of poor group CPR contributed 54 % of
their total income. To add, greater dependence on CPR products by landless
households is most noticeable with regard to fuel wood. Among the landless
households, 59.7 percent of them collect fuel wood. [9] This suggests that CPRs
are important sources from which domestic energy needs of the landless
households are met. Similarly, dependence on CPRs by both landowners and

[9]
Abstracted from the chapter on Uses of CPRs from the Report No. 452: Common Property Resources in India, Jan -
June 1998, NSS 54th Round, National Sample Survey Organization, Department of Statistics and Programme
Implementation, Government of India

210
landless possessing livestock is considerable. In the NSS document, it is
reported that the percentage of landless families using CPRs to collect fodder
is 31.8 percent. In case of tribal areas, the figure is even more than 50
percent. Also, at the household level livestock’s contribution is much more in
case of smallholders who comprise a sizeable population of rural
households.[10] These households derive large amount of animal fodder and
water requirements from CPRs. However, the number of livestock dependent
on per hectare area of CPR is increasing; table 4 clearly indicates this. In
addition to all these, the livelihood of pastoralist communities is also highly
depended on CPR.[11] These figures vividly explain the criticality of CPRs for
rural India in general and poor households.

Table 6.4: CPR land available for livestock in the country

Resource 1980-81 1990-91 2002-03
Livestock units per hectare of 5.0 5.9 8.8
CPR
(Source: Ministry of Agriculture, Government of India)

6.8.2 CPRs are important from ecological perspective, too. In most of the hilly
regions – south Rajasthan, Western Ghats, Central India, Himalayas and
Eastern India large tracts of forests lands are part of many local watersheds.
In hilly, tribal regions the proportion of these common lands could be as high
as 50 to 70 percent of the total watershed area [12]. Proper development and
management of these common lands is critical to the success of a watershed
as they act as reservoirs of water and for providing returns to the poorer
households.[13] Since these categories of lands not only constitute a significant
proportion of the total watershed but are also often located along the
watershed ridges, proper protection and management of these lands are
important technical and ecological considerations at micro as well as macro
level that supports the biomass growth of the region. So the criticality of CPRs
is also important from an ecological perspective.

6.9 Issues Arising from State Visits

6.9.1 Lack of clarity of what constitutes CPR: There is a general lack of

clarity on what constitutes CPRs out of the various categories used by the gov-
ernment for their land use statistics (i.e., 9-fold classification). Moreover, the
9-fold classification (Lele, 2008) 38 gives data for land coverage for different
categories of land but it is hard to estimate from it how much land is under
common property land resources. Thus, clear definition of CPR would help in
actually recognizing the categories of land to be considered as common prop-
erty land resources. The definition of certain category like revenue wastelands
making them susceptible to distribution and encroachments even when they
are being used by the communities in one form or the other. The categories of
lands included in the definition of CPRs differ drastically from ownership and
[10]
Jabir Ali - NSS
[11]
Pandey,Amitabh, Status paper on Common Property Resources (CPR) in MP, IIFM, Bhopal
[12]
Seva Mandir Newsletter, Udaipur, 2007
[13]
Paper submitted to the Parthasharthy committee on watersheds by Seva Mandir
38
Lele, Sharachhandra, State Level Consultations, September, 2008

211
access or use aspects which further creates confusion in the government, es-
pecially for identifying and estimating the magnitude of CPR in the country.

212
Figure 6.2: Problem Analysis of CPRs

LACK OF OUTDATED LAND DUBIOUS 9

ACCEPTED ADMINISTRATION FOLD
DEFINITION ON AND POLICIES CLASSIFICATI
CPRs (most of the Based on Archaic ON describing
land-use categories British Colonial quality of land
based on Systems in various rather than
revenue/agriculture states ownership and
priorities) governance

Lack of Land Use Perceived Imbalance

Prioritization at between Role of Forests
National and Regional as Ecological and
Level
Economical Commons?

IGNORANCE ABOUT THE PERSPECTIVE ON CPR

AS ECOLOGICAL BUFFERS AND AS MEANS OF
LIVELIHOOD FOR THE MARGINALIZED

Failure of Community Institutions due to Reduced Stake

and Lack of Ownership

Depletion of De Jure CPRs,

Depletion of De Facto CPRs Reduce Expanse and
Reduced Productivity from the increasing Degradation
CPRs

Land Encroachmen
Diversion of
Distribution t
CPRs
Schemes/Agenda
s

213
6.9.2 Reduction in de Jure CPRs: The size of CPR land has been declining
over the years. There has been a steady decrease in all kinds of common lands
– pastures, village forests, ponds, or even burial grounds. Decline in CPR area
55% in 1955 to 31% today in MP. (Pandey, 2008 39). Permanent Pasture and
other grazing land-25, 24, 000 ha (1999-2000) have been declining from the
previous years- (Ministry of Agriculture, GOI). Dependence on CPR land has
been affected as a result of decline in size and deterioration of CPR land (Lele,
2008 40). In a paper Orissa 2020, it is highlighted that CPR area as percentage
of total geographic area of the state has declined from 20.39 percent in 1970-
71 to 15.54 percent in 2000-01. This is quite alarming considering the context
that 22 percent of the scheduled tribe population of the state is still depen-
dent on CPRs to fulfill their requirements (Mearns and Sinha 1999).41

6.10 Diversion of Land-Use

6.10.1 Diversion of land-use for other purposes has led to reduction in the
size of CPRs. This has also been detrimental because “Pastoral communities
may not be consulted/given recognition in decisions because they are ‘not
there’, not ‘citizens’” Major reasons for such phenomena being (Lele, 2008)
primarily when meeting global needs along with local needs like:

6.10.2 Urbanisation – Sometimes high value of the land leads to huge

pressure for privatization as has been evident in the case of urbanization
(especially around urban settlements).

6.10.3 Industrial needs - Industrial plantations (coffee or tea to replace

forests in the estates of Western Ghats etc.). Also, alternate land use patterns
like promotion of bio-fuels (Ratanjot, Palm oil etc.) as a means to utilize
wastelands have threatened the livestock dependent communities. The
Governments of Gujarat and Rajasthan with a view to bring large area of
wastelands under productive utilization have come up with Bio-diesel policies,
public-private partnerships so as to grant land on lease basis to big industrial
houses and individual; corporate farmers for cultivation of horticulture and
bio fuel trees. (2005) 42. Most of the land that is leased for 15 years but is put
to uses other than for what it is leased. 90 % of the time this is a land
grabbing strategy. Instead of horticulture and biofuels, the land is put to other
uses.

6.10.4 Mining - Iron ore and granite are very important resources, mostly
located in public lands so there has been wanton utilisation of these industrial
resources. E.g. Government of Gujarat decided to allot Gauchar land for
industrial purpose, when gauchar land is adequate (2004). Industrial Pollution

39
Pandey Amitabh, State Level Consultations, August, 2008
40
Lele, Sharachhandra, Status paper on Common Property Resources (CPR) in Karnataka,CISED, Bangalore, 2008

41
Robin Mearns and Sourabh Sinha. “Social Exclusion and Land Administration in Orissa, India”. World Bank Policy
Research Paper 2124, May 1999.
42
Government of Gujarat. Revenue Department, Various Resolutions.

214
is also becoming a concern, e.g., sponge iron pollution in fertile land and
water resources in Chattishgarh.

6.11 Pressure of Developmental Projects like Dam, etc.

6.11.1 Diversion of land for Residential/homestead needs – (Land

Distribution schemes of the state governments) - In many states the
government policies have gone about converting these for non-agriculture
purposes (like cremating grounds, playgrounds) as well as purposes other
than livelihoods, especially for residential/homestead uses.

6.11.2 For example “The Government of Gujarat has allotted and regularized
the CPR Land with dual objectives of supporting the socially and economically
backward population in the villages there by improving their income earning
capacity and of providing land for the housing purpose. It distributed land
acquired under Land Ceiling Act twice, in 1960 and 1976. By 1985, 22277
holdings were allocated to landless families with average of 2.5 ha. per family.
The fertility of most of the land was below average and the allottees had
neither skill nor monetary resources to improve the productivity. There
existed a possibility of conflict as the poorest section depends upon CPR land
for fodder and fuel wood and other minor forest produce (in case of forest).
When the CPR land is distributed to a specific group of population, neither
they nor the rest of the CPR land-dependent population benefit. “Till March
2008, the government has distributed 7568.94 ha. of culturable waste to 6723
beneficiaries, that amount to be around 38 per cent of the total culturable
waste. Besides, many of the lands have also been distributed to the Industrial
sector totally unmindful of the people dependent upon them.

6.11.3 The Revenue Department has passed a resolution under which Gauchar
land can be allotted for industrial use. Many village gauchars have been given
to large industrial houses like Reliance Petroleum (Jamnagar), Adani (Mungra
port), GMDC (Bhavnagar) have became famous for struggle against land
acquisition in recent times. Loss of CPR for various activities like government
buildings, school, Anganwadi centre, etc. in CPRs and other sacred groves
have been a major reason for their decrease in area (Pandey 2008). Such
policies may have serious repercussions and might lead to the unending
downward spiral of land distribution schemes till there is no common land left.
Also, it might also pre-empt more encroachments.

6.11.4 Diversion for agricultural and non-agriculture use by

community members (Encroachments) - Substantial area under CPR land
has been encroached and privatized. Most of the common lands in Arid and
Semi-Arid areas of Rajasthan and Gujarat, as on date the exact status of the
availability of CPRs on ground and for which access is open for the community
is variable and unascertainable due to encroachments. Also, it is not easy to
quantify the extent of encroachments. Commons in Chattishgarh and MP
(state consultations) are rife with encroachments. This has led to people
becoming dependent upon agriculture residue and fallow lands for their
biomass needs. In forested areas like the Western Ghats, elite already have

215
individual control over portions of the public lands (Lele, 2008). Areas like
North-East and Orissa suffer from entirely different set of problems with even
the Cadastral surveys yet incomplete in many of the hill areas.

6.11.5 Encroachments have been since long attributed to landlessness owing

to population increase though most of the time it is resource rich who are
found to be possessing the land. Patron Client Relationships and lackadaisical
behavior of the revenue department in monitoring any encroachment and
failure to vacate the existing encroachments has also contributed to the same.
Incapability of village institutions has contributed to a significant extent
towards the same. In other cases incomplete surveys and unresolved disputes
between forest and revenue records have led to insecure estimates and
tenures.

6.11.6 Though at the same time increased demand for cultivable land has
also contributed to the same (Iyengar, 2008). For example, Gujarat - In the
last decade (1991-2001), state population rose by 22.66 per cent. With
increasing facility for irrigation, there has been a tendency to encroach more
land. It is not always true that only rich farmers encroach, poor farmers also
encroach as and when opportunity arises. There are many kinds of
encroachments on CPR land (Shukla, 2007, pp-14):

 Removal of soil from grazing land and other public land where produc-
tivity is good (private farmers and potters).
 Encroachment of grazing land and other public land including forest for
private agriculture (farmers irrespective of land ownership size).
 Encroachment to public land adjacent to land allotted by the govern-
ment (individuals who were allotted land and those who leased in from
the actual allottees)
 For non-agriculture uses (Individuals for residential purpose and Coop-
eratives and private industries)

Table 6.5 CPR land availability and Use of CPR land (Iyengar, Sudarshan)43

No CPR land Agriculture Use of CPR land

. availability Productivity
01 High High Higher scope of CPR land based activities, more
encroachment
02 High Low Not much use as over all land productivity is
low
03 Low High More use of land, Higher probability of
encroachment

 Shrinkage in de facto CPRs: The physical status of CPR land is highly

degraded or degradation is still continuing. This has been a result of
various factors principle amongst them being (Lele, 2008; Bhise, 2004) 44
 Abuse of the commons by the influential
43
Iyengar, Sudarshan. 1997. “Common Property Resources in Gujarat: Some Issues in Size, Status and Use”, in Jyoti
Parikh and Sudhakar Reddy (Eds.) Sustainable Regeneration of Degraded Land, Tata McGrow Hill Publishing Company
Ltd., New Delhi

44
Bhise S N, Decolonising the commons, Seva Mandir, Udaipur, 2004

216
 Conflicting policies of the government for dealing with diversion of
common lands for agricultural or other purposes encouraging their mis-
use and improper upkeep.
 Poor or no institutional arrangements
 Conflicts/barriers to collective action within local communities
 Fuzziness in boundaries/records and lack of external support for en-
forcement
 Lack of finances for regeneration (once degraded)

6.11.7 In long run, there is a possibility of degraded CPR land influencing

privately owned cultivated land as most of these CPRs comprise the upper
watersheds in the undulating and hilly regions of the country and therefore
the general health of ecosystem is taking a severe beating with the
degradation of these CPRs. The effects are evident in the way the lower Indo-
gangetic plains are being flooded due to degeneration of CPRs of the
Himalayas. Western Ghats forests may in general have more biodiversity
value (Lele, 2008). Soil erosion or hydrological issues may depend critically
upon slope, soil type & rainfall, but is important everywhere.

6.11.8 Amount of usufruct from the same also has been on the decline in
terms of the biomass available and being harvested. This has had severe
impact on the livestock intensive economies. This has had a severe impact on
Pastoralist, which are the second largest population and DNT (denotified
tribes) third group dependent on CPR (Pandey, 2008).

6.11.9 Similarly, in developed states like Karnataka - Spread of Irrigation

facilities, Biogas and LPG, Modern animal husbandry & chemical fertilizers
means less grazing dependence (less livestock & more purchased feed).
Livestock population in Karnataka (other than cross breed cattle and poultry)
shows a decline. There is an overall decrease of 10.18% in livestock
population between 1997 and 200345.

6.11.10 Tribals and Forest land - Forests have traditionally served as

commons both ecologically and economically for the tribals dependent upon
them. Biodiversity of the ecologically fragile regions like the north-east and
the western ghats also need to be safeguarded to ensure their role as
ecological buffers for the burgeoning human populations.

6.11.11 These have served as commons owing to the Privileges and

Concessions (for withdrawal of minor forest produce and bonafide livelihood
needs) traditionally enjoyed by the tribal people vis-à-vis Indian Forest Act
and various state forest acts. For example, in the context of Karnataka, rural
public CPLRs include all ‘forest’ land categories like Reserve Forests, Minor
Forests, Protected Forests, Village Forests, Soppinabettas*, Baanes* where
there is villager access and the reason for this diversity being inheritance
from 5 administrations including the British and agency areas and no
rationalisation afterwards.

45
17th Indian Livestock Census: All India Summary Report

217
6.11.12 Problems related to diversion of forest lands for non-forestry
purposes - However the depleting status of CPRs as well as growing
populations have meant that the same forests are now incapable of sustaining
the demands of biomass, fuel-wood and fodder and therefore more number of
encroachments are happening.

6.11.13 Fuzziness of land records (which enables encroachments,

creates conflicts, reduces tenure security) - Most of the Records are out
of date and do not reflect the actual ground reality. There is a huge mismatch
between FD and RD records [Rao et. al 1998; Dilipkumar et al., 2005] 46.
Conflict between revenue and forest records has meant that huge chunk of
land called Orange Areas have been reflecting on both revenue and forest
records. There is a continous conflict on some types of land such as those
Chota Jhad Ka Jungle and Bada Jhad Ka Jungle that till today are entered
inaccurately in both revenue and forest records. In certain areas there are
problems with rights and concessions in contiguous villages.

6.11.14 Land Disputes and Conflicts- have been dragging along thereby
endangering the very existence of many forest villages/forest dwellers and
encouraging many more to come and settle. In the north-east most of the
immigrants have settled on common lands especially forest lands 47. Extremists
have cleared huge chunk of forest lands to substantiate illegal possessions.

6.11.15 Boundary Disputes - Resurvey of boundaries have been

proceeding at snail’s pace. Deeper reasons rest behind this refusal to
rationalise land tenure regimes (because politically sensitive?) and refusal to
resurvey because fuzziness helps vested interests.

6.11.16 Forest Rights Act - The same issues have prompted and have been
flagged in the Forest Rights Act in a bid to correct the historical injustices but
improper implementation of the same for the community may lead to a severe
threat of this act becoming a land distributive scheme.

6.11.17 Reduced productivity of CPRs: The impact of growing pressure

on CPRs due to human and livestock population and diversion for non-
agricultural purposes is clearly visible in terms of decline in the proportions of
CPR lands. And because of this the productivity has plummeted dramatically.
The evidence is in the form of decline in the number of products, too. This is
largely due to disappearance of number of plant and tree species, which
community used to collect from CPRs in the past (i.e., before early 1950s).
Many literatures have highlighted this as a major indicator of reduced
productivity of CPRs. The degradation of CPRs is also due to poor-upkeep both
by the community and the government. Indeed, this has emerged from all the
state level consultations.

46
?
Dilip Kumar, P. J., S. Nagaraj, S. Lélé and K. S. Shashidhar, 2005, "Induction, development and impact of GIS/RS facility
and applications in Karnataka Forest Department: Assessment of past and ongoing programmes and strategic planning
for the future", Evaluation Project Report no. PCCF (EWPRT)/[Link]/001/2005-06, Karnataka Forest Department,
Bangalore.
47
State Consultations in Guwahati, Assam in September

218
6.11.18 Failure of institutional arrangements: Over-exploitation of CPR
definitely points to poor-upkeep of these resources. Although overcrowding is
cited as the major reason, absence of proper usage regulations from both the
government and the community is equally responsible. It is widely noticed
that the traditional institutional arrangements to govern CPRs have declined
throughout the country. Indeed, in most of state consultations this has
emerged as one of the major challenges, as weakening of traditional
arrangements is leading to encroachments on common lands. In a micro level
study of village Sayar of Vidisha district in Madhya Pradesh, it was found that
due to lack of proper traditional management at the village level CPR is
subjected to encroachment by the dominant castes. 48 This points to the fact
that traditional institutions have either weakened or disappeared and have
failed to enforce norms. According to a study by Jodha, traditional community
institutions have weakened and almost 90 % of them fail to enforce norms.

6.11.19 During consultations, some people felt that Gram Panchayats may not
be the appropriate institutional body to govern CPRs. Role of Local
institutions like Panchayats, FPCs has been insufficient in the management
and development of CPRs leading to their ultimate degeneration. Also,
Revenue Dept control has never been interested in productivity, being too
remote to manage and with lack of funds to develop it. Their major role has
been more of a record keeper rather than that of developer.

6.11.20 The custodian and enforcer of land: The custodian and enforcer
in case of revenue land is the same body. Given the immense workload at local
level, need felt to delink these two roles. District and even state officials felt
that they were not always able to stand up to political pressures.

6.11.21 Poor land administration: The complex nature of land

administration is to the disadvantage of the rural poor. To further aggravate
the situation is the inconsistencies in land records. This gives ample space for
corruption at lower levels. This situation and the power of the bottom level
functionaries make land administration more prone to corruption. Moreover,
lack of staff and financial resources contributes to the poor structure of land
administration. There is too much of workload on Patwaris.

6.11.22 Absence of a long-term land perspective: A long-term

perspective towards land seems to be missing both at the government and
community levels. This shows a clear absence of a political vision for having
this perspective. In most of the states the respective land-use boards formed
are utterly dysfunctional. So far there is no document available for land-use in
any of the states except Karnataka. This shows absence of a long-term
perspective towards land in general. In the short-term, however, there is a
clear perspective of economic benefit from land sacrificing social and
ecological stabilities.

48
Pandey, Amitabh, State Consultation in Bhopal, MP on Common Property Resources.

219
Recommendations

To resolve problems related to CPR the government can address defini-

tion, diversion, development model, institutional arrangement, and long-term
perspective aspects of CPR on priority. Having clarity on these aspects is the
foremost step to improve CPR management. Also, addressing these will build
towards developing a more comprehensive and state-specific CPR policies.
Thus, in a nutshell the central government should formulate guidelines on
these aspects and should advice the state governments to formulate CPR po-
lices according to it. This chapter provides recommendations on these aspects
that are important to improve the CPR status in the country. The recommen-
dations are divided in two sections – advisory and implementable.

Advisory Recommendations

(i) Definition of CPR: It is not appropriate to provide a uniform national

definition of CPR; however, the perspective through which the CPRs
need to be looked at should be defined at the national, state or local con-
texts. Thus, it is recommended that CPR should be defined according to
its importance to support rural livelihoods (land based and livestock
based) and Ecology as a whole. To add, according to the use of the re-
sources both land and water in a village being used for common pur-
pose, (to meet bonafide livelihood needs should be defined as CPRs) and
the definition of CPR based on these conditions should be officially ac-
cepted in a state. At a broader level the definition of CPR is – “Rural
common property resources are broadly defined as resources to
which all members of an identifiable community have inalienable
use rights. In the Indian context CPRs include forests, commu-
nity forests, community pastures, government wastelands, water-
shed drainages, village ponds and rivers that are used for com-
mon purpose. All these resources are particularly important be-
cause of their large area and their contribution to people's suste-
nance.” Along with defining CPR, there should be emphasis on defining
common property land resources. Thus, according to the 9-fold classifi-
cation, the following categories of land should be considered as legal
common property land resources:
 Cultivable wastes and Fallows other than Current.
 Common Pastures and Grazing land,
 Protected and Unclassified Forests.
 Barren, Uncultivable and other Government Wastelands that are being
used for common purposes.
The state government, after assessment should legally define CPR and
the categories of CPLR according to the use of such resources for common
purpose in their state.

(ii) Institutional arrangements to govern CPR: For proper management

of CPR the role of the user groups, the central and state governments,
and community based organizations, especially those working on it are

220
critical. The roles of each of the institutions should be laid out properly
outlining ownership, access and rights and benefit aspects (Refer Table
6.6).
(iii) Minimum percentage of CPR in a village: There should be a provi-
sion for having at least some percentage of a total land in a village un-
der CPR. The figure for the same should be based on rationality like
number of livestock per hectare of CPR land keeping in mind the growth
trend of the livestock population, estimation based on fodder and fuel
requirement of the village population based on the trend of the village
population growth, or in a general level to meet bonafide livelihoods of
the dependent community. The rationality for capping should be decided
by the state governments.
(iv) Banning diversion of CPR land for other purposes: Based on the
criticality of CPRs a complete ban on diversion of these resources should
be approved. The ban should be imposed on the capped CPR area.
(v) Development model of CPR: The development model for CPR should
be similar to the JFM model. The entire rights over the management of
CPR should be assigned to its users. As in case of JFM funds should be
made available for its development both from the central and state gov-
ernments. There should be a provision to allocate budget for develop-
ment of CPRs from both union and state budgets every year. To add,
dedicated CPR funds should be set up in states and districts for its de-
velopment.
(vi) Evolving long term perspective on land through developing land
use plan: A long-term perspective on CPRs should be evolved through
developing land use plans of each state. The land use plans should be
prepared based on present situation and future needs. More impor-
tantly, the land use plans should provide details about how CPRs should
be developed considering their importance. Land use plans should be
prepared from national and regional levels all the way to the village
master plan level. In such plans guidelines should be laid out for land
development and allocation. This will foster balance between the devel-
opment needs and the ecological concerns.

Table - 6.6 : Ownership, Access and Control, Rights and Responsibilities, and Bene-
fits over CPRs

Categories of Ownership Access and Rights and Benefits

lands to be Control Responsibilities
included
Protected and Forest Department The local users The entire rights The benefits should
Unclassed forests group should be over the produce be shared among
– Such areas provided access should be given to the user groups
and control to the the local users to and the Forest
should be
forests and other sustain their Department
officially government lands livelihoods. The according to a
demarcated that are used as Forest and the mutually agreed
according to land common property concerned upon sharing
use plan resources. The user departments should proportion. NTFP
groups should be provide the users and other produce
responsible for legal documents to meet fuelwood,
development, specifying their fodder and grazing
protection and rights over the requirements
management of forests and other should be allowed
CPRs along with lands as in case of to the user groups
the respective Madhya Pradesh according to the

221
government where Nistar Forest Settlement
department. The documents are rules.
Cultivable wastes Panchayat role of the provided vividly The benefits of the
and Fallow other community based mentioning about produce should be
than current – organizations the rights and shared between the
should also be laid responsibilities of user groups and
such areas out clearly. Their the user groups. the Panchayat as
should be involvement with Such legal per consensus. The
officially the user groups documents should benefits from
demarcated and the respective be formulated in government lands
according to land government other states too and which are used for
use plan and departments should should be in the common purpose
transferred to the be encouraged. possession of the should be shared as
user groups. per the rights
Panchayat
The lands provided to the
Common considered as user groups as
Pastures and CPRs should be similar to the rights
Grazing land recorded in the in case of Common
Barren, revenue records Pastures and
uncultivable and and such records Grazing lands
other should be available
with the user
government
groups
wastelands –
areas should be
demarcated
according to land
use plan and
transferred to the
Panchayat

(vii) Distributive Access –- Britishers had been historically using this land
for distribution to the landless and hence the tradition has meant that
the government lands have become land banks. This means that the gov-
ernment lands are the first lands to be distributed. This has further
taken the form of alienation of the CPR dependant local people and land
being handed over to the private or individual interests, which is a dan-
gerous trend. The logic of distribution of public lands should be based
on:

 Availability of other kinds of lands/private lands for allocation

 Position of implementation of ceiling and availability of surplus
lands
 Alternate uses of lands/Opportunity costs of non-diversion
 Land market and prevailing market rates
 Use being made of such allocated lands
 Possibility of off-farm or non-agriculture employment for the land-
less.
 The ecological role/criticality of such lands

The common property land should not be distributed, as there are a

lot of other categories (like barren and uncultivable lands) under which
land is locked. Therefore a clear distinction needs to be made between
CPRs and wastelands, which might as well be utilized for non-livelihood
purposes like mining, quarrying and industry. The surplus land after
being capped for the common purpose could be allotted to landless
families or other marginalized groups according to the
recommendations of the Committee I.

222
Implementable Recommendations

(i) Enumerating CPR in every National Sample Survey: To identify and

estimate the magnitude of CPRs in the country the National Sample Sur-
vey Organization should enumerate this in every round. The estimation
of CPR should be based on the definition provided in the advisory rec-
ommendations part. And should also clearly illustrate the contribution of
CPRs to support rural livelihoods and ecology. Such accurate estimation
of the real CPR will help in formulating appropriate polices based on
field realities.
(ii) Initiating fast track and time bound processes for resolving dis-
putes on CPRs: CPRs throughout the country are highly contested for
innumerable reasons (as highlighted in chapter 4) denying access to its
users for common purpose. Thus, it is imperative that disputes over
CPRs should be resolved on priority and the central government should
initiate fast track and time bound processes for resolving disputes over
CPRs.
(iii) Providing directions to the existing land use boards in each state:
The existing defunct state land use boards should be advised and pro-
vided guidance to make those effective. They should be provided neces-
sary resources and directions to develop land use plans of each village.
(iv) Removing inconsistencies in land records on priority: The discrep-
ancies in land records in the country should be rectified immediately.
This should be solved through carrying out fresh land survey and settle-
ment. For this purpose, funds should be made available to use latest
technologies like GPS, satellite images, digitization, hiring of adequate
staff and skills up gradation of existing ones.
(v) Re-classification of land: Reclassification of land should be done on
priority basis based on governance parameters and land use require-
ments.
(vi) Protecting existing de jure CPRs: It is high time to safeguard existing
de jure CPRs. Funds should be made available and investment should be
carried out for their development. To add, diversion of existing de jure
CPRs should be banned.
(vii) Disincentives against encroachment: There should be disincentives
against encroachments. The penalty paid by encroachers is paltry which
hardly discourages them from encroaching.
(viii) Building public awareness: Building greater public awareness is the
need of the hour. More importantly, people’s perspective on CPRs
should be thoroughly understood and taken into consideration while de-
signing public interventions. In this way, the institutional support, espe-
cially from the community should be strengthen and garnered towards
better CPR management.
(ix) Better land administration: For the entire recommendations to be
executed the land administration has to do its due diligence. Unless
there is initiative and innovation to improve the existing structure, the
laws cannot be implemented properly. The skills of the staff should be
enhanced, meritocracy based land administration should be brought in,
measures should be taken to curb corruption and strict action should be

223
taken against dishonest staff. Apart from this, there should be a better
land coordination between various government agencies like revenue,
forest, agriculture, etc.
a. Moreover, there is an urgent need to simplify the revenue
administration. Other models of revenue administration as well as land
governance, registration and acquisition systems should be looked upon.
Most of the revenue system in various states are archaic and date back
to the British systems. There is also need to removal of intermediaries.

6.10 Conclusion

6.10.1 The fact-finding process clearly indicates that CPRs are crucial to
support rural livelihoods and ecology. There is a large rural population,
especially marginal and landless, that heavily depend on CPRs to enhance
household income, meet their domestic energy and livestock needs.
Additionally, these CPRs support the local ecological balance by acting as
reservoirs in a watershed. The development and management of CPRs should
be looked upon from these perspectives.

6.10.2 There are innumerable issues that have come up from the state
consultations that are threatening the existence of CPRs. Because of those
reasons CPR area in the country is decreasing; more importantly, biomass
production has reduced drastically from this resource ultimately jeopardizing
rural livelihoods and ecology. So it is imperative to design public interventions
on CPR to avoid further worsening of the situation. Thus, for effective public
interventions on CPR the following set of advisory recommendations –
defining CPR according to the situation prevailing in a state, including CPR in
the concurrent list, capping minimum CPR area in each village, banning
diversion of capped CPR area, evolving long term perspective on land through
developing land use plan and setting up proper institutional arrangements to
govern CPRs are significant. In terms of implementable recommendations –
enumeration of CPR in every NSS round, initiating fast track and time bound
processes for resolving disputes on CPRs, making functional existing land use
boards of the states, removing inconsistencies in land records, reclassifying
the land-use, protecting existing de jure CPRs, creating greater public
awareness and improving land administration. These sets of recommendations
should be executed at the earliest involving the community, governments and
the voluntary sector. To summarize, at this juncture CPR governance should
be improved by formulating an effective regulation along with greater public
consciousness and awareness.

6.11 Conversion of agriculture land for non-agricultural purposes

6.11.1 At present, a little over 46% of the country's area is cultivated. This
area, however, is getting increasingly scarce. According to the Ministry of
Agriculture, the net sown area declined by around 1.5% between 1990 and
2003. While in percentage terms this may seem insignificant, in absolute
terms it translates to more than 21 Lakh hectares. On the other hand,
between 1990 and 2004, land under non-agricultural use has gone up by 34

224
Lakh hectares. According to official figures, Tamil Nadu lost more than 10
Lakh hectares of agriculture land between 1991 and 2003. Mineral-rich
Orissa, Jharkhand and Chattishgarh are losing agricultural land to mining and
power projects. In Kerala, between 1997-98 and 2001-02, over 80,000
hectares of crop land were diverted for non-agricultural uses. Even in the case
of a small state like Himachal Pradesh, the net sown area has declined by
33,000 hectares between 1991 and 2001. Between 2002 and 2007 about
90,000 hectares of agriculture land across 25 mandals in and around
Hyderabad have been diverted for real estate and mega-projects. Another
63,000 hectares across 20 mandals of Ranga Reddy district have been lost
over the past 10 years. A mind-boggling 5 Lakh hectares of agriculture land
have been lost in Andhra Pradesh in recent years. 49 This ever growing hunger
for agriculture land continues unabated.

6.11.2 Briefly put, the purposes for which agriculture land is being
transferred are: infrastructure development like roads, housing colonies,
dams, etc; industrial purposes like Special Economic Zones; allotment of land
for bio-diesel plantations and other commercial plantations; and urbanization.
This has surged land prices and people are finding it more lucrative to dispose
off their agricultural lands rather than getting significantly low returns from
agriculture. Such conversion is causing innumerable problems – threatening
people’s livelihood and food security, and sprouting agitation leading to
violence across the country. To address this there is a need for suitable
interventions to deal with conversion of agriculture land. This report
addresses the issue of conversion of agriculture land for non-agricultural
purposes. The report briefly discusses the drastic consequences of conversion.
Thereafter, the major drivers that have come up from state visits, literature
review and from status papers are highlighted. Lastly, recommendations are
provide for immediate action to address this grim situation.

6.12 Consequences of the conversion of agriculture land

6.12.1 The conversion of agriculture land for non-agricultural uses is

leading to serious consequences. In this chapter, the major consequences of
the issues are:

(a) Reduced agriculture production: The opening up of Indian economy

has led to subsequent increase in conversion of agriculture land for non-
agricultural uses. This conversion of agriculture land is often cited as
the major reason causing food shortage as agriculture production is con-
stantly reducing. Table - 6 clearly indicates that food grain production
have reduced after economic reforms.
Table - 6.6 : Food grain production before and after economic reforms (in percentages)

Growth rate of Before economic After economic reforms

Food grain reforms 1993-94 to 2004-05
production 1981-82 10 1992-93
3.00 0.67

49
August 4-10, 2007, issue of the Economic and Political Weekly by V R Reddy and B Suresh Reddy

225
(Source: Kamat, Tupe and Kamat)

(b) A micro-level study of Saharanpur, Uttar Pradesh shows (Table -7) that
the agriculture production has reduced by 39.7 per cent from 1988 –
1998. This reduction has led to food shortage in the region. At the
national level securing food for 1.1 billion people is becoming a huge
challenge for the policy makers. Half of the world’s hungry population
lives in India and feeding them requires at least 170 hectares of
agriculture land. In a recent move to increase availability of the food
grain in the country the government curbed food export. This move has
been abhorred by the international community.

Table - 6.7: Loss of agricultural area and production in Saharanpur

Year Area under Food grain Loss of food grain production

Agriculture in production in Quintals %
hectares quintals
1988 5178 155,340
1998 3495 104,850 50,490 39.7
(Source: Saharanpur study)

(c) Tribal land alienation: The people most affected due to conversion are
the tribals and other marginalized groups whose livelihoods are depen-
dent on agriculture. Apart from large-scale conversion of their agricul-
ture land, there are far more families that work as agricultural laborers
whose livelihoods are threatened. Tribals and other groups already dis-
placed still have not been provided any or adequate compensation. An
estimated 40 million people (of which nearly 40 percent are tribals and
25 per cent dalits) have lost their land since 1950 on account of dis-
placement due to large development projects. They still await compen-
sation and rehabilitation. This has led to creation of widescale disaffec-
tion.

(d) Growing social unrest throughout the country: More importantly,

large-scale conversion of agriculture land for non-agricultural purposes
is threatening livelihoods of the people who heavily depend on agricul-
ture. To add, inequitable distribution of benefits from the new land use,
quantity of compensation not commensurating with the market value,
and social trade offs like rehabilitation not done properly are leading to
immense dissatisfaction among the project affected people. This is lead-
ing to gruesome social unrest as witnessed in Nandigram and Singur in
West Bengal and Kalinganagar, Orissa, where many people were killed.
Such violence can escalate and spread in other parts of the country too
if project affected people are not properly consulted, compensated and
rehabilitated.

6.13 Major Drivers of Rampant Conversion of Agricultural Land

226
6.13.1 The information collected for preparing this report has raised
concerns over number of points. Those points are quite diversified and
actually are drivers of rampant conversion of agriculture land. In this chapter,
those points have been summarized in the following three points:

(a) Decreasing incentives from agriculture: The de-

creasing incentive from agriculture sector has been cited as one of the
major reasons because of which there is conversion of agriculture land.
The total national income coming from agriculture sector in 1951 was
55 per cent whereas in 2003 it was merely 24 percent. 50 Such decrease
has been observed throughout the country affecting both cultivators and
agricultural laborers. More and more farmers every year are abandon-
ing agriculture as their primary source of livelihood. Furthermore, farm-
ers also become severely indebted in order to practice agriculture. More
than 60 per cent of the surveyed households in Karnataka in the NSSO’s
Situation Assessment Survey of Farmers, 2003 showed that they were in
debt with an average debt of more than Rs18, 000. Moreover, at times
because of water shortage agriculture is difficult to practice. This ulti-
mately makes agriculture less viable and profitable.
(b) Industrialization and urbanization: The globalization
policy led to the arrival of the information technology, related service in-
dustries and other industries. This is pulling huge demand for land up.
And has sparked an urbanization and industrial boom. The Ministry of
Commerce intends to develop 2 Lakh acres as Special Economic Zones.
The Haryana government has proposed to set up 14 new townships and
theme-based cities which will be connected by a 135 kilometers long ex-
pressway developed on 620 hectares. About 45, 000 hectares of land
will be developed as residential sectors and industrial zones by state-run
and private agencies. In Madhya Pradesh alone more than 12,000
hectares of land have been acquired under Special Economic Zones pro-
posals with a total investment of Rs50, 000 Crores. Similar is the case in
other states, too. Correspondingly, this huge demand for land to support
industrialization and urbanization is leading to exorbitant land rates.
Such sky rocketing land prices has sparked widespread legal and illegal
conversion of agriculture land for non-agricultural uses.
(c) Changing aspirations of the people: Apart from both
the above reasons, changing aspirations is also responsible for rising
disenchantment towards agriculture profession. Moreover, surging op-
portunities from others sectors of the booming economy drives them out
of agriculture.51 A large proportion of rural youth from rural and semi-
urban areas are on their way out of agriculture. 52 This human phenome-
non is hard to control unless there are proper incentives to create op-
portunities in rural areas.

6.13.2 All these factors are drivers of voluntary and involuntary

conversion of agriculture land for non-agricultural purposes. And both types
50
Indian agriculture in the new economic regime , 1971 – 2003 – Kamat, Tupe and Kamat
51
The tipping point in Indian Agriculture – Understanding the Withdrawal of Indian Rural Youth – Amrita Sharma and
Anik Bhaduri
52
Ibid

227
of these conversions can be either legal or illegal. Although it will be hard to
curb legal voluntary conversion without making the agriculture sector viable
and profitable per se, appropriate policy interventions can help in policing all
involuntary and voluntary illegal conversions of agriculture land.

6.14 Recommendations to Prevent Conversion of Agriculture Land for Non-

Agricultural Uses

6.14.1 The concerns reflected in the above chapter are due to lack of a
comprehensible policy to improve agriculture in general. Moreover, there is
clear absence of the perspective to protect agriculture land through laws,
especially Land Acquisition Act. The foremost step to deal with the conversion
issues is to make the agriculture sector more viable and profitable. So
addressing the concerns of the agriculture sector is imperative; however,
providing specific recommendations to improve the agriculture sector is
beyond the scope of this report. Nevertheless briefly put, adequate subsidy,
better access to technology and credit should as assured to farmers for
encouraging agriculture. The recommendations provided here are to deal
with the conversion of agriculture land for non-agricultural uses, and are
divided in two categories - advisory and implementable. These set of
recommendations are interlinked. So to address the conversion issue there
should be an emphasis on speedy execution of advisory and implementable
recommendations.

Advisory Recommendations

(i) Stakeholders consent: Consent of all the stakeholders should be con-

sidered before land is acquired. This is imperative for smooth implemen-
tation and also for getting the right kind of benefits to the people.
(ii) Perspective land use plan: The land use plan should be prepared
based on present situation and future needs. Land use plans should be
prepared from national and regional levels all the way to the village
master plan level. In such plans guidelines should be laid out for land
development and land allocation. For example, The Perspective Land
Use Plan for Karnataka – 2025 is commendable. It presents the pro-
jected land use plan under various land use categories for Karnataka up
to 2025. Formulation of such plans should be encouraged in other
states.
(iii) Reclamation and development of unutilized and used land: It has
emerged from the state visits that in many instances unutilized land ac-
quired for a public purpose is difficult to reclaim. There should be a
speedy process to reclaim and take possession of the unutilized land.
Moreover, used land, especially in case of coal and other mines should
be reclaimed and acquired instead of acquiring agriculture land for pub-
lic purpose.
(iv) Environmental impact and social impact assessments (EIA and
SIA): These assessments should be thoroughly carried out involving the
stakeholders before projects are executed. And based on these assess-
ments future course of action should be decided. Social impact assess-

228
ment is highly advisable to deal with compensation, rehabilitation and
resettlement issues.
(v) Barren and uncultivable land should be used for non-agricultural
uses: According to official figures, there is roughly 177 Lakh hectares of
barren and uncultivable land lying unused. So barren and uncultivable
land should be acquired for public purpose as far as possible. Although
this is clearly mentioned in most project proposals, its execution has
been a problem. To ensure that barren and uncultivable land is acquired
proper monitoring should be adopted.
(vi) Better infrastructure designs: At this juncture of the growing econ-
omy better design of infrastructures should be promoted. There should
be emphasis on approving and promoting multi-storey buildings that oc-
cupy less land space, especially for urban development.
(vii) Better land administration: A larger political vision of improving the
government machinery should be the agenda of every political party.
Regular deliberations should be encouraged for inviting suggestions to
create a transparent and fair land administration system.

Implementable Recommendations

(i) State land use boards: The existing defunct state land use boards can
be advised and provided guidance to make land use plans of the state.
Resources – financial and human required by them can be provided to
develop the plans.
(ii) The following recommendations of the standing committee on SEZ as pre-
sented in table 8 should be approved and implemented at the earliest.

Table - 6.8 : Recommendations of the Standing Committee on SEZ53

Issue SEZ Standing Committee Recommendations

Verification of State government and gram panchayat should verify type of land
land and hold a public notice for objections to the stated type of land
to prevent manipulation of land records

Limitations on Prevent developers from acquiring more land than necessary by

land prescribing maximum area for various types of SEZs and 50% of
area should be used as “processing area”

Consent of With the exception of land acquisition for national security, the
landholders affected parties should give their consent

Inform affected Land acquisition law should inform affected persons of the
persons purpose for acquisition, its implications, and resettlement
provisions

Unused land or Lease the land so land owners receive a lump sum and periodic
failed projects rent. If SEZ fails or dissolves, land goes back to the original
owner

Land ownership Land should be leased to the developer, even if the state
government acquires the land

Calculation of Compensation should be calculated on prevailing market rates

compensation

53
Source: PRS legislative, CPR New Delhi

229
Market rates State governments should devise a system of periodic market
surveys to determine periodic market rates

Shares in Offer equity shares in the developers company

company

(iii) Proposed amendment in the Land Acquisition Act

(a) Definition of Public Purpose: The issue of the definition of public pur-
pose in the Land Acquisition Act is considered as unclear. In most of the
consultations government officials and the participants have shown con-
sent on this aspect of the Act. Their concern is to make clear what con-
sists of “public purpose”. The recent proposed amendment of ‘public
purpose’ in the Act. The proposed definition of public purpose, i.e, (i)
strategic naval, military, or air force purposes, (ii) public infrastructure
projects, or (iii) for any purpose useful to the general public where 70%
of the land has already been purchased from willing sellers through the
free market should be accepted and approved. However, in case of pub-
lic infrastructure projects the compensation to the affected people
should be given on the prevailing market prices. The definition of public
purpose should also include ecological considerations in it.
(b) Gram Panchayat should be consulted at the time of acquiring
land: The process of consulting the Gram Panchayat should be made
mandatory except in case of national security. This process should be
clearly elaborated in the Land Acquisition Act.
(c) Banning excess land being acquired for public purpose: Develop-
ers who acquire land under Land Acquisition Act or SEZ should be pre-
vented from acquiring more land than required. The rationality to ac-
quire land presented by the developers should be thoroughly examined.
(d) EIA and SIA: Environmental impact and social impact assess-
ments should be carried out by the developer and should be discussed
with the stakeholders and after that only should be presented to the
government.
(e) Compensation based on market rate: The compensation for
the acquired lands should be based on the prevailing market rates.

6.15 Conclusion

Decreasing incentives from agriculture, changing aspirations of the

people and, industrialization and urbanization are the major drivers for
rampant conversion of agriculture land for non-agriculture uses. The
conversions can be either voluntary or involuntary and can be operationalised
either legally or illegally. At a broader level, the conversion issues can be
handled by making agriculture sector viable and more profitable. As discussed
earlier, this can be controlled only through suitable interventions like
desirable subsidy to farmers, better access to credit and technology to
practice agriculture. This is imperative to prevent conversions where people
are giving up agriculture due to significantly low returns. Whereas agriculture
land is also threatened due to rapid industrialization and urbanization, in such
cases proper laws and their implementation is the need of the moment. So

230
there should be strict measures in the Land Acquisition and Special Economic
Zones Acts to prevent conversion of huge chunk of agriculture land for non-
agricultural uses. More importantly, the interests of the affected people
should be taken into consideration before even deciding about projects. And it
is urged that adequate compensation, proper rehabilitation and settlement of
the affected people should be executed through a participatory, transparent
and fair process.

231
Chapter Seven

Land Management in North-Eastern States

7.1 Introduction

North-East India consists of eight political units of the Union of India

namely, the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizo-
ram, Nagaland, Tripura and Sikkim, known together as the North-Eastern Re-
gion (NER). These together have an area of 2,62,185 sq. kms accounting for
7.98 % of India’s total land area and with a population of 388.58 lakhs which
accounts for 3.79% of India’s total (2001 Census). About 70% of the region is
hilly, rugged and generally inaccessible physiographic terrain, cultural and
ethnic diversity of tribes, the relative historical seclusion and the strategic lo-
cation have combined to forge the region into an important geopolitical unit of
the country as well as in the world. The region has remained overwhelmingly
rural in seven out of eight States 84 percent of population live in rural areas.
The NER is the homeland to a rich mosaic of diverse tribal communities.

7.2 General Administrative Structure

7.2.1 The political boundaries of the British Empire in the region left many
tribes divided which continued into the post Independence and led to the cre-
ation of more States Nagaland, Mizoram, Meghalaya and Arunachal Pradesh
were carved out of erstwhile Assam of British India, while Manipur and
Tripura were princely kingdoms converted into new States. Each State of the
Northeast has a different administrative structure under the Constitution of
India, North Cachar Hills, Karbi Anglong and Boro Territorial Council, the
whole of Meghalaya and the Hill areas of Tripura are covered under the provi-
sions of the Sixth Schedule, provisions of Article 371A cover Nagaland while
Article 371G covers Mizoram.

7.2.2 Recognizing that the administrative structure at the village level has ser-
ious implications on the land relations, it is necessary to understand the ad-
ministrative structure of the north-eastern states.

Table 7.1: Administrative Structure of North-Eastern States

States Special Constitutional Administrative structure
Provisions
Arunacha Art.371H No Autonomous Councils, the State has adopted the
l Pradesh Panchayati Raj
Assam VI Schedule Read with Three Autonomous Councils: (i). Karbi-Anglong, (ii).
Art. 371B (for Schd. North Cachar Hills, (iii). Bodo Territorial Council.
Areas only)
Manipur Art.371CThe Manipur (V Hill Village Authority Act 1956, and Manipur Hill
areas District Council Act 1971
Meghalay Sixth Schedule Three Autonomous Councils: (i). Khasi Hills, (ii).
a Jaintia Hills, (iii). Garo Hills
Mizoram Sixth Schedule Read Three Autonomous Councils of Pawi, Lakher,
with Art.371G Chakma, and other areas without the Autonomous

232
Council
Nagaland No Autonomous District Councils
Tripura Sixth Schedule Tripura Tribal Area Autonomous District Council,
Khumulwang

7.2.3 The governance in most States and Districts of the NE manifests co-
existence of both the modern and the traditional, the Autonomous Councils
act as administrators with regulatory functions, Village Councils act as the
planning and development organs. In Arunachal Pradesh, Sikkim and plain
districts of Manipur, Tripura and most of the districts of Assam PRIs fulfil the
development function.

7.3 Land System

7.3.1 Two broad types of land tenure systems operate in the region i.e. (i)
Revenue administration under government operates in the plains and valleys
of Assam, Tripura, Manipur and in the hilly State of Sikkim and (ii) Customary
land tenure system under Village level authority operates in the hilly States of
Arunachal Pradesh, Meghalaya, Mizoram and Nagaland and in the hilly parts
of Assam, Manipur and Tripura with State-wise and region-wise variations 54

7.3.2 Traditionally and up to the present, the land of most Naga tribes is
classified broadly into primary or agricultural land and reserved land. The
reserved land consists of (i) land kept for public purposes including forest
land under the control of the village council. (ii) Clan or khel land used by clan
members (iii) Inherited or acquired privately owned land. (Tamuly, 1985: 96-
98).

54
. NIRD Studies (2008); “Land Records in North East;” Halloi PK; North Eastern Regional Centre,
Guwahati;

233
7.3.3 Among the Thadou of Manipur, land is under the control of the village
chief, who after consulting his ministers called Semang Pachang, allocates
Jhoom plots and ensures all families get an equal share. Each family pays a
tax. Families unhappy with their chief can leave the village and live elsewhere.
(Rajkhowa, 1986: 96).
7.3.4 For the Mizos, land was under the village council controlled by the chief,
who allocated for Jhoom with advice of experts on shifting cultivation called
Ramhual. Villagers paid tribute in terms of paddy. The chiefs’ power in respect
of land were not touched by the British (Das, 1990: 6). However the
Government of Assam abolished the chieftainship in 1954 through The Assam
Lushai Hills District (Acquisition of Chief’s Rights) Act 1954 (Assam Act XXI of
1954), and brought land under the State. Four kinds of land continue in
Mizoram, i) district forest under state control and ban on agriculture; ii)
‘safety supply reserve forests by district councils with a ban on agriculture; iii)
village council owned ‘safety and supply reserve forests’ for the benefit of the
villagers for fuelwood for personal use and not sale; iv) unclassed forest under
the village council allotted to individuals on patta or leases for homestead and
cultivation (Mahajan 1991: 81-82).

7.3.5 Tripura had a different regime with Jhoom land allotted by the ruler
through his collectors, who in turn were assisted by a village Choudhury. Land
was classified into six categories; i) Jhoom land belonging to the community
and managed by the village authority under the control of the Choudhury, ii)
Nal – fertile land individually owned, inheritable not alienable; iii) Lunga, land
between hills for; permanent cultivation allotted to tribals with yearly tax; iv)
Chera- land was situated on both sides of the river owned by villagers and
allotted for cultivation; v) Bhiti and Bastu individually owned and heritable but
not transferable land. (Roy 1986: 59-62). However very little remains because
tribes are reduced to a minority and only individual alienable title is
recognized. (Debbarma, forthcoming).

7.3.6 Land ownership in Arunachal Pradesh varied from tribe to tribe. For
Nyishis and Galo, CPRs were demarcated and managed by the village council.
For the Adis, land vested in the community and allotted by the chief to
individual households.(Agarwal 1991: 44). Aka had no tradition of ownership,
each family cultivated as much Jhoom or riverbank lands as needed.
(Fernandes and Bharali 2002: 22-23).

7.3.7 Khasis of Meghalaya have four broad categories of land; i) Raid - com-
munity land managed by the village council and used only by permanent Khasi
residents for housing, common facilities and agriculture; (ii) Rykynti – private
land; iii. Clan land. owned by the respective clans iv) forest land divided into
sacred forest, village community forest controlled by the village darbar, pro-
tected forest for domestic use, not for sale and v) Individual forest used by the
owner (Dutta 2002: 59). Ri Bhoi District in Khasi hills was unique because
land was communally owned, controlled and managed by the chief represent-
ing a cluster of villages in almost the entire district (Nongkyrih, forthcoming).

234
However, the power of the Darbar is reduced though traditional systems of
land ownership continues. (Dutta 2002: 2).

7.3.8 In the Garo Hills (Meghalaya) land was traditionally under the control of
the Chief (Nokma) while homestead plots were owned but by the community
(Kar 1982: 29). At present, hilly land, almost 95 percent of the total land, is
covered by customary law while plains lands are governed by the Assam Land
and Revenue Regulation Act of 1886, adopted by the Garo Hills Autonomous
District Council in 1952. (Phira 1991). In Jaintia territories of Meghalaya,
CPRs were owned by the Chief, Syiem, till the British ownership of the CPRs
on the State and converted all the Rajhali (Syiem’s private land) into Govern-
ment land. Thus, community land in Jaintia hills was made government land,
tillers given pattas for ten years and subjected to land revenue (Pyal 2002:
24).

7.3.9 Land in the plains and valleys of NE belongs to the state while in the
hills, land belongs to the people with the village authority council as custo-
dian. Kuki, Sema, Mizo are exceptions where land belongs to the Village Chief
and villagers are tenants with occupancy rights as the chief permits. In mat-
ters related to sale, Chief is the authority to decide and residence of the buyer
makes no difference. Chieftainship was abolished for the Mizos while it contin-
ues with the Kuki and Sema. However, rumblings of revolt against oppressive
land regimes are felt in many Kuki villages in Manipur.

7.4 Livelihood Systems and Food Insecurity

Current tenural and resource management practices contribute to
growing food insecurity, while customary laws come into conflict with the
modern state systems and regulatory legislation, which recognises the
customary practices and form of ownership in principle, but the ambiguous
authority of the Government over land generates conflict and has crippled its
implementation.

7.5 Land and Agriculture

Table, 7.2 below distinguishes land as hills and plains to identify of land
use pattern in the region. By and large, it is clear that tribes practicing
shifting cultivation inhabit the hilly regions and while settled cultivation is
predominant in the plains.

Table - 7.2: Location of tribals

Region Location Tribes

Plains Brahmaputra Valley. Assamese, Bodos, Adivasis and other plain tribes
(30%) Barak Valley of Bengalis and tribals.
Kachar Tripuris, and Bengali Meiteis
Tripura Manipur (val-
ley)

235
Hills Meghalaya Khasis, Garos, Pnars, Tiwas, Lyngams.
(70%) Mizoram Mizos: Kuki-Chin family of tribes.
Manipur (hill) Various kuki-chin and Naga Tribes.
Nagaland Naga tribes: .Ao, Angamis, Semas, Lothas, Rengmas,
Sangthams,
Arunachal Pradesh Changs, Phoms Konyaks.
Adis, Akas, Apatanis, Khamtis, Miris, Mishmis, Nishis,
Noctes, Wanchos.

7.6 Tenure System

While customary regimes and government regulation co-exist in the

entire region, custom governs the tenure system, particularly in the hills and
three forms of land ownership are observed.

Chief land Community Individual land

land

(i) Control and management of lands by village chiefs with right to

cultivation for individual members is observed in tribes belonging to
the Kuki-Mizo constellation (in Manipur, Mizoram); Semas, Konyaks (in
Nagaland) and Noctes, Wochos (in Arunachal Pradesh), with strong
chieftainship systems. While the Chief cannot deny land to a villager nor
own lands in a manner that reduces the holdings of the villagers, he
exercises his prerogative to determine allotment of plots for cultivation
and manages community resources and receives tribute in exchange
and not rent for land.

(ii) Lands owned by the villagers collectively was recorded, in

ethnographic accounts, as prevalent among tribal people practising
Jhoom and holds good in most even today. Land is held in trust as a
social guarantee against unemployment and destitution for all willing to
work. Uncultivated land reverts back to the community and can be
assigned to any other member.

(iii) Land owned by the individual families is observed in the plains. The
law conferred private ownership since 1886 in Assam, while private
ownership is seen in Tripura and Manipur from 1960. Ahom, Manipur
and Tripura kings acquired proprietary rights over land through
conquest hence, other rights were subsidiary to the rights of the king.
Individual ownership is seen in settled agriculture in the hills, and
private ownership recognized without title deeds (Patta) where land

236
reforms were initiated. Patriarchal inheritance and descent is observed
in most of the tribes of North-East with the exception of Khasi, Jaintia
and Garos of Meghalaya where matriarchy is practised though ironically
the maternal uncle has the control over sale or purchase.

7.7 Management Practices

Subsistence farming, dependent on family labour was the hallmark of

the economy in the plains shifting farming in the hill villages. Sub-tenancy or
share cropping was absent as pressure on land was low and landlessness
unknown. However, new land use patterns are emerging. Its causes and
effects are manifold.

7.8 Land Alienation and Landlessness with Emerging Land Use

Pattern

7.8.1 Tea plantation in the middle of nineteenth century and exploitation of

natural oil and coal brought in new economic activities in the region which
brought in migrant labour while the indigenous population continued with
agriculture, resulting in decline in control over local resources. Population
pressure has reduced fallow periods of Jhoom cultivation and affected yields.
Government programmes like terrace farming with ownership right (a
measure to address deforestation) and timber plantations have begun to
alienate people from their habitat. Emergent commercialization is also
impacting land use patterns as (a) land after Jhoom is now put to continual
use with transfer rights; (b) large area of community land has converted into
private land by design of vested interests; (c) sale and purchase of land under
settled cultivation has led to emergence of absentee landlords (inherited,
purchased or acquired), tenancy and share cropping. Reversion of land to the
community does not arise due to continual use of land.

7.8.2 Several negative effects can be seen a) communities are moving out of
economic formations akin to primitive communism to form of feudalism; b)
concentration of economic power in few hands is visible with land being
alienated from other members; c) landless shift from the land to timber felling
and drawing water; d) growing food insecurity e) conflict over cultural values
of equity and sharing.

7.9 Ineffective Land Regulation

The major limitation in customary laws is absence of codification, and

where codified, chances of opportunistic interpretation. On the other hand,
absence of extensive land reforms deprives the common man from accessing
resources from formal institutions. This gives rise to a piquant situation where
customary laws are ineffective to address the emerging land use and land
legislation remains ineffective, as governments are not proactive in enforcing
them. States are also in a dilemma in assessing community response to formal
regulation and a dilemma whether to expedite privatization of landholding or
strengthen community notwithstanding manipulative forces acting in the
communities.
237
7.10 Forest and Bio-diversity Conservation

7.10.1 The NE supports vast tropical rain forests, spread over 75 million
hectares (25% of India’s forest cover) and constitutes one of the ten bio-
geographic zones of the nation, as a repository of diverse variety of flora and
fauna, some of which are endemic and endangered. Unfortunately forest cover
in the NE had declined between 1993 and 1995 by 0.47%, while increasing by
0.06% in the rest of the country, the maximum loss is in Assam (1.82%) and
lowest in Arunachal Pradesh (0.06%). Marked improvement in dense forest is
offset by rapidly deteriorating open forest. Livelihood security of the hill
people in the region is closely linked with traditional Jhoom agricultural
practices in the forests. Village authority governs management of forests
which communities recognize as their own, raising conflict between tribal
governance and emerging political organization.

7.10.2 The major loss of forest cover (Table 7.3), approximately 80%, is
due to Jhoom, though in Assam, 377 sq. km. has been lost to tea plantation.
Improvement in transport is witnessing a growing trend in private forest,
making a shift in community land use patterns to timber plantation. Mizoram
is an exception, where the forests are owned by the state and protected from
large-scale commercial exploitation.

Table 7.3: Reasons for the Loss to Forests

Reasons for loss/gain of forest cover (in sq. km)

State Forest Cover in Sq. Loss due to Gain due to Net loss
KM Jhoom Other Total Regeneration Other Total
reasons loss in Jhoom reasons gain
1993 1995 areas
Arunachal Pradesh 68,661 68,621 169 169 129 129 -40
Assam 24,508 24,061 224 377 601 115 39 154 -447
Manipur 17,621 17,558 65 65 2 2 -63
Meghalaya 15,769 15,714 218 218 163 163 -55
Mizoram 18,697 18,576 792 792 671 671 -121
Nagaland 14,348 14,291 58 58 1 1 -57
Tripura* 3,119 3,127
Total 5,538 5,538 1526 377 1903 1078 42 1120
168261 167486

238
7.11 Livestock and Pisciculture

Livestock keeping, poultry, piggery and cattle rearing, serves household

consumption and secondary income in a few cases. However, current
practices of livestock management result in high mortality rates due to
absence of veterinary care and services. People still catch fish from hill
streams though pisciculture is not developed. Of late, efforts are being made
to popularise it in irrigated rice paddies in Nagaland and Arunachal Pradesh.
In Mizoram, periodic lease of water bodies is done under the Mizo District
(Land and Revenue) Act, 1956.

7.12 Land Administration in Assam

7.12.1 The situation is different for Assam than other hill States, which
are 100 % tribal districts, where cadastral surveys have not been done and
communities own the lands. In Assam 30 % of the State’s area is covered un -
der Revenue Class Land, (revenue department or private lands) and consists
of i) Industrial lands, ii) Business class lands, iii) Homestead lands, iv) Agri-
culture lands. Another 30% of land is Revenue Class (revenue department,
non-private and unclassified government lands) and consists of i) PGRs and
VGRs, ii) Wetlands iii) Khas lands (Fallow lands, cultivable wastelands, iv)
Other government lands, v) Rivers and rivulets, vi) PWD, vii) Irrigation lands.
A Mandal is the revenue unit, which falls under a revenue circle. 40% of the
State’s area consists of Forests (under Forest Department) and consists of i)
Reserve forests, ii) Proposed Reserve forest areas and iii) Unclassified forest
areas.

7.12.2 Land development was brought under the provisions of the Land
Administration Act 1886, though a harmonious blending of this Act could not
be completed due to tribal revolts. Rajas also refused land surveys. The Assam
Railway Trading Company facilitated clearing of forests and creation of tea es-
tates, oil exploration and iron mining. Logging began with supplying timber to
the railways and later led to development of the plywood industry. Shifting
river courses, particularly the Brahmaputra, has resulted in the loss of approx
4000 sq kilometres of land, about 7 % of the State’s area. Siltation of these
non-cadastral areas is occupied on a first-come first-served basis.

7.12.3 Development pressure on land is enormous. Demands of industry

are on the rise, particularly SEZs. Displacement and alienation of vulnerable
groups is also on the increase while allotment of common land to the landless
has fallen. CPRs like water resources managed as chithas under the Sarkari

239
and non-Sarkari lands are ill preserved having no government agency respon-
sible. Hill areas considered bio-diversity hotspots are covered under the As-
sam Hills and Ecological Sites Act. Most of government land known as Khaas
or non-Patta lands, which include revenue wastelands and culturable waste-
lands, etc., as well as the VGRs and PGRs are CPRs and kept for non-agricul-
ture use are rife with encroachments, though Section 18 of the Assam Land
Revenue Act provides for eviction without notice. Legalization generally bene-
fits resource rich people. The need of the hour is to create a roadmap for the
land prioritization which would try to address issues like marginalisation of
tribal people, preservation of bio-diversity that renders ecological services and
investments in improving the productivity of land and strengthening people’s
capacities to undertake their own development.

7.13 Forest and Forest Lands

7.13.1 Implementation of the Forest Rights Act 2006 has not begun in As-
sam and the problems of Orange Areas prevail. Uncertainty over government
forest categories particularly proposed reserve forests in CPR are reasons for
worry. JFM is still marginal and the debate around the forest centers round
forests as local or global commons. Large tracts of forest are encroached by
the rich in particular and forest land and cash changes hands not withstand-
ing it being illegal.

7.14 Tribal Governance and Public Administration

7.14.1 Governance in the NE ranges between absolute chieftainship and

republican democracies. Sema Konyak, Nocte, Woncho Nagas, Kukis, Khasis,
Khamtis and Lushais follow hereditary chieftainship pattern, and head of the
Village Council is drawn from various clans. The council, a consultative body,
dependent and subservient to the chief, assists in administration and
dispensation of justice. Some others like the Khasis have chiefs as nominal
heads, with power in the village or elders’ council. At the other end are tribes
who subscribe to republican democracies with strong village council, whose
consensus based decisions were final, composed of clan elders respected for
their knowledge, status, wealth and spirit of public service.

7.14.2 The colonial rule created a new elite group of Dobashis

(translators) and Goanburas (old men) who became agents of the Colonials.
Dobashis dispensed justice based on customary laws and wielded power and
authority. They formed a new class and sought to protect their own autonomy
in the local administration which were reflected in the Government of India
Bill 1935 and the recognition of Excluded Areas from the purview of the
administrative and statutory control, which was reflected in the Sixth
Schedule and Article 244 of the Constitution. However, its provision did not
encompass all the hill areas of Assam and Nagaland. The Sixth Schedule,
while conferring legislative, executive, financial and judicial powers to the
Autonomous District Council, recognises the existence of community and state
processes with clearly-delineated spheres and without impinging on one
another. The experience of fifty years shows that the Autonomous Districts

240
Councils have failed in performing their task in the absence of a clear
provision for coordination of their activities with that of the State
Government. As a result, the ADC sought to draw their legitimacy mainly from
the State rather than the community and judicial autonomy abused and
customs misinterpreted.

7.14.3 The Sixth Schedule provides no scope for the councils in

development and social welfare, hence councils are at the mercy of the State
governments. In terms of power, Panchayats and Autonomous Councils are in
a better position after the 73 rd Amendment. For example, Councils manage
only primary schools and dispensaries, while Panchayats cover even
secondary schools, hospitals and PHCs. Primary health centres come within
the purview of the panchayat bodies. Further, finance for Council depends on
the State Government, while Panchayats are covered by the Fifth Finance
Commission.

7.14.4 Village councils exist in all NE States by different names

‘republics’ in Manipur, Council in Mizoram, Village Development Boards
(VDBs) in Nagaland. However, party politics has entered institutions eroding
their autonomy in the North-East and community life politicised, emerging
elites affiliate themselves to political party.

Recommendations

(i) The concept of private property is absent in many areas and Jhoom
lands are under community ownership and traditionally managed. Most
Acts and rules are insensitive to the local customs and community land
usage but compensation mechanisms in disaster are poor in the absence
of land titles. Land Acquisition Act does not deal with acquisition of com-
munity owned lands and in the absence of titles to land, village and indi-
vidual lands cannot be distinguished. In some states there are systems
of Village forests, Individual forest and private forests. The same need to
be recognized. These systems have to be adopted in the formal system.
(ii) FRCs are not formed nor Gram Sabhas conducted. There is grave dan-
ger of gross misutilisation of the Forest Rights Act 2006 due to immigra-
tion of Bangladeshis and threat of non-tribals staking claims rather than
forest dwellers is a which constitutes a major cause forconcern.

7.15 Land Records in the North East

Survey and settlement operations have been carried out only in some
parts of the north-east, hence land records are not available for vast areas. As
land rights are based on customs and the traditions, no revenue is paid to the
government. As field registers are not maintained, a front-ended system to
handle grievances is lacking.

7.16 Current Status of Land Management

Land Revenue Administration

241
7.16.1 Arunachal Pradesh: The Arunachal Pradesh government has
taken steps to organise survey and settlement. The organisational set-up at
the headquarters includes Director, Deputy Director, office staff, and field
staff of surveyors, supervisor, recorders, chainmen and draughtsmen. There is
no training institute to train the surveyors and the surveyors are sent to other
State for training. For strengthening of revenue administration and updating
of land record, the office has received funds from the Central Government and
made use of the same. Also the state has not undertaken aerial survey and
computerisation of land records. Since there is no land record prepared, the
implementation of computerisation project becomes non-applicable.

7.16.2 Assam: The land records administration in Assam is headed by

the Commissioner, Land Reforms and he is assisted by the Director, Land
Records and Surveys. The actual operations in the field is led by the
Settlement Officer , assisted by the Senior Assistant Settlement Officer,
Assistant Settlement Officers, kanungos and patwaris. There is also a survey
and demarcation wing under Deputy Director, Surveys and demarcation.
There are assistant Directors under him and other supervisors and technical
personnel like Draughtsmen, surveyors, machine printers and so on. The land
record maintenance is looked after by the deputy commissioner, sub-divisional
officer, deputy collectors, kanungos and patwaris.

7.16.3 Manipur: The maintenance of land records administration is

headed by the Deputy Commissioner and aided by sub-divisional officer, sub-
deputy collector, kanungos, mandals, revenue inspectors and zilladars. A
Director heads the land records administration assisted by the Settlement
Officer, Assistant Settlement Officer, Revenue Inspector and Amins.

7.16.4
Meghalaya: The Department of Land Records and Survey is headed by
an officer in the rank of Director. This officer conducts survey for preparation
of preliminary records as embodied in the Meghalaya Land Survey and Record
Preparation Act, (MLSRPA) 1980. The Department controls demarcation of
district, sub-division, inter-state and international boundaries. Management of
land is vested with the District Councils through whom the cadastral survey
scheme is being implemented. The District Councils make laws with respect to
the allotment, occupation, or use or the setting apart of land, other than
reserved forest for agriculture, grazing, residential or other non-agricultural
purposes.

7.16.5 Mizoram: The Land, Revenue and Settlement Department is

headed by a Director, with supporting technical staff of Surveyors, and
cartographer. An Assistant Settlement Officer deals with updating land
records and disputed cases. The Deputy Commissioner assisted by an
Assistant Settlement Officer, with technical staff of surveyors, assistants and
cartographer handle survey and settlement at the State level while the S.D.O.
assisted by an Assistant Settlement Officer and field staff is in charge down to
the field as there are no circle level and village level functionaries.

242
7.16.6 Nagaland: The Directorate of Land Records and Survey
established in 1973, is headed by a Director, and has the following wings: a)
Map Production, b) Survey Training Institute, and c) District Offices with Land
Records and Survey Officers.

7.16.7 Tripura: The Directorate of Land Records and Survey under a

Director of Land Records along with other technical staff was set up in 1954
in order to carry out the survey and settlement operations and maintenance of
land records. Settlement officers and the Asst. Survey officers carry out
operations at the district level and attempt an accurate picture of the rights,
assess a fair and equitable land revenue and facilitate land reforms
legislation. The directorate also conducts a soil and land use survey.

7.17 Computerisation of Land Records

7.17.1 Computerisation has not made headway in the north-eastern

States. Data entry work is over in 10 out of 27 districts and in progress in 13
other districts in Assam. Computerised RORs are issued in 9 districts.
Digitisation of Maps has begun as per directive of the Department of Rural
Development in Kamrup, Jorhat and Tinsukia. Computerisation has been
undertaken in Imphal, Bishnupur and Thoubal districts of Manipur.
Computerisation of land records is planned at the tehsils of the valley
districts. Correction of land records and cadastral maps is done by the SDOs.
Computerisation and preparation of RoR is very tardy in Meghalaya, due to
lack of any commitment of the State Government and absence of funds. A
project for computerisation was sanctioned up to 1994 in Mizoram and the
government has decided to start computerisation of land records in 5 districts
for which digitisation of cadastral maps has also begun on a pilot project
basis. The government of Nagaland had tried to accommodate
computerisation under the strengthening of revenue administration and
updating of land records on 50:50 Centre State sharing basis. Progress is very
tardy. A pilot project of computerisation of land records was started in Tripura
(north) in 1990-91 and data entry has been completed in that district, one
subdivision has been taken up for digitisation work. Sikkim has led from the
front in the field of land record using advanced technology. All land records
are entered into the computer and instant updating and querying successfully
developed. Records of land are complete in three out of four districts, and on-
line mutation is under progress in one district.

7.18 Issues and Recommendations

7.18.1 Why a special Committee for North-East? As geographically,

sociologically, anthropologically, culturally, and historically, the North-East
constitutes an entity by itself and the geo-physical context varies on the intra-
regional and intra-state basis, the problems of the North-East also vary from
those prevailing in the districts of Assam. The understanding of common
property resources differs from area to area, and while the Hills have strong

243
customary traditions, the plain areas in Assam have developed land
management like the rest of the country.

7.18.2 Problems as seen in Assam and other areas of the North-

East

(i) Major problems dealing with common lands are

a. Encroachment on the common lands
b. Discrepancies in Land Records
c. Low productivity of common lands especially those being called
wastelands
(ii) Most of the forest areas have problems related to
a. Encroachments on Forest Lands by local people or immigrants from
Bangladesh etc.
b. Improper and incorrect Surveys and Settlements.
c. Unsettled forest villages.
d. Irregular declaration of state forests.
(iii) Pasture lands have reduced drastically.
(iv) Diversion of agriculture land for non-agriculture purposes through the
Land Acquisition Act
a. Brick Kiln
b. Creation of Industrial Parks
c. Residential Areas
(v) Major changes in the land use through other land use practices like
a. Mono-cultivation
b. Tea – Estates
c. Privatization of common lands
d. Monocropping practices in agriculture areas and forest planta-
tions threaten bio-diversity.

Recommendations Relating to Land System

1. The Committee is of the firm opinion that retaining and strengthening the
community-based land management system that prevails in some of the
Hills areas of the North-East is in the vital interest of the tribes living
therein. Derogation of the traditional system has led to iniquitous land
relationship and a differentiated land structure and will undermine the
self-governance of the tribes and their social institutions.

2. The Committee recommends that codification of the traditional rights of

the village council and other institutions of self-governance are taken up
promptly as all States do not formally recognize traditional rights of the
community and Courts often overturn decisions of the communities lead-
ing to further erosion of the authority and prestige of the village council
and traditional governance.

244
3. The Committee appreciates the Nagaland Communitisation of Public Insti-
tutions and Services Act, 2002, which has contributed substantially to
the improvement in delivery of communitised services and added to the
prestige, strength and authority of the Village Councils and other village
institutions. It, strongly recommends adoption of the underlying princi-
ples, legal frame and structure in respect of land and forest manage-
ment system in the rest of the Hill areas.

4. The Committee further recommends that space be kept for the existing tra-
ditional institutions and innovations even within the formal framework
of the Communitisation Act to take care of intra-and inter tribal differ-
ences in their self-governing institutions.

5. The Committee also recommends that Government of India set-up a spe-

cialized body with strong representation of local tribal communities and
their elders for providing assistance to the State Governments in draft-
ing such an enactment.

6. The Committee recommends a wide process of informed consultation be-

fore bills are presented before State assemblies and consensus building
of all the District Hills Councils and Autonomous District Councils.

7. The Committee recommends creation of a Village Land Council to manage

all common/ village common lands including the wastelands in the vil-
lage with command over all land resources, water resources, forest re-
sources and mining rights within the village territory as provided by the
Panchayat (Extension to the Scheduled Areas) Act, 1996 in the Schedule
V Areas.

8. The Committee recommends that the VLC must be empowered to put rea-
sonable restrictions on transfer of ownership lands and their alienation
to the other communities or to persons residing outside the police sta-
tion or such other jurisdiction. As also decide on leasing out of land
and impose such conditions of leasing as it may deem fit.

9. The Committee recommends that the VLC be empowered to order restora-

tion of land without or with such compensation as it may deem fit in
cases where alienation of land has taken place in express violation of
one any existing provisions of law customary rights, edict of the village
council. Any person so ordered failing to vacate the land be evicted by
an appropriate authority.

10. The Committee recommends that the VLC be empowered to decide the
land use pattern and prepare a land use plan setting aside areas for
agriculture, housing, forest, pasture, agro-industry zones, etc. with the
approval of the Village Council and Village Assembly.

11. The Committee recommends that the VLC be also empowered to define
the area under jhoom, conditions for allocation of jhoom lands, fre-
quency of jhoom cycle, measures for regeneration of jhoom land, utilisa-
tion of timber standing thereon and preparation water harvesting struc-
tures on such jhoom lands.

245
12. The Committee recommends that the VLC be made responsible for all
forests in the village including reserved, proposed reserved, regener-
ated forests, sacred groves, unclassified forests, degraded forest lands
and the like, lay down policies and rules for felling and plantation of
trees. The VLC will also determine the mode and extent of collection of
forest produce including the sharing of usufruct between the State gov-
ernment and itself.

13. The Committee recommends that the VLC be empowered to decide and
enforce the community forest rights and may make rules for the same
be considered the first body for the dispute resolution including coun-
selling, mediation and arbitration before undertaking adjudication and
the department officials of revenue and forest should cooperate with
this committee.

14. The Committee recommends that the powers of management of land at

the ground level will be with the VLC subject to the control of the Gen-
eral Assembly of the village and acquisition and alienation of the land
will take place without the informed consent of the village assembly.

15. The Committee recommends that the jurisdiction of Civil Courts be

barred in respect of decisions taken by the VLC or in the functioning of
the VLC and the State Government appoint an authority, comprising vil-
lage elders, social workers, public representatives and government offi-
cials, at the block or at district level to hear and decide appeals against
the decisions of the VLC.

16. The Committee is strongly of the opinion that all lands in the North-East
should be surveyed for use of DGPS (Differential Global Positioning Sys-
tem) and satellite remote sensing imagery using Cartosat I and II and
records of rights created within a period of three years with the involve-
ment of the local people and that local people be trained in survey
methodology and land literacy.

17. The Committee recommends that the RoR prepared and a Dispute Reso-
lution Committee be set up in the village for resolution of such disputes
as may arise during the course of the survey operations and final publi-
cation of Record of Rights will be made following the approval of the
General Council and the Village Assembly. The Records-of-Rights shall
comprise the village map indicating interalia the land use, the record of
different categories of land, the community rights, the government
rights, ownership rights, the habitation and the infrastructure and main-
tained in the Gram Panchayat Office, District Records room and Block
Office.

18. The Committee recommends creation of a dedicated revenue portal at

the State Level in interactive mode with revenue records and maps
stored on the State Revenue Portal with open space and in restricted
page use space.

246
19. The Committee recommends that qualifying exams on local laws, cus-
tomary rights and traditions constitute a pre-qualification for posting of
officials in tribal areas even while the State Governments undertake to
promote legal literacy drive in respect of the customary and other rights
of the people.

20. The Committee recommends that the role of the State will be to provide
support including logistics, technical, process led and financial support
to the village council in management of lands as defined in the sets of
the recommendations. At the District level revenue powers be vested in
the Autonomous District Council, Hill District Councils or as the case
may be. In no case shall these bodies encroach upon rights of the VLC.

21. The Committee recommends creation of a Directorate of the Survey and

Settlements, under an officer in the rank of Commissioner, for undertak-
ing surveys and creation of records-of-rights. This will include technical
deputy or joint director well versed in GIS, Remote Sensing and DGPS
technologies.

22. The Committee recommends the creation of a State level Training Insti-
tute (STI) in all the North Eastern States with its Regional Centres in
the remote areas to impart training to all the revenue functionaries in
data entry, data management, satellite imagery, photogrammetry, GPS
and other modern techniques, computerisation of land records and digi-
tisation of maps and in relevant land and administrative laws of the
land. The Government of India will extend financial support both for de-
velopment of structure and running of training courses.

*********

247
ANNEXURE – A

The Gazette of India

Extraordinary
Part I - Section I
PUBLISHED BY AUTHORITY

No. 15 NEW DELHI, WEDNESDAY, JANUARY 9, 2008/PAUSA 19, 1929

MINISTRY OF RURAL DEVELOPMENT

(Department of Land Resources)
RESOLUTION
New Delhi, the 9th January, 2008

Subject: Constitution of the “Committee on State Agrarian Relations and the Unfinished
Task in Land Reforms”

No.21013/4/2007-LRD – Good governance in land administration and effective management of

agrarian relations are important catalysts for poverty reduction and economic development.
Socially just access to land, land related services and security of land rights are of utmost
importance in achieving the desired pace and level of economic growth and sustainable
development.

2. Land reforms can change the current culture of exclusion so that the poor can gain access to
land, credit, technology, markets and other productive services, and become active partners in the
development of government policies and programmes affecting their livelihood.

3. With a view to looking into the unfinished task in land reforms, it has been decided to set up
a “Committee on State Agrarian Relations and the Unfinished Task in Land Reforms”. The
composition of the Committee will be as under:

1. Union Minister for Rural Development .. Chairman

2. Secretary, Department of Land Resources .. Member
Ministry of Rural Development
3. Prof. A.K. Singh .. Member
Director, Giri Institute of Development Studies
Lucknow, Uttar Pradesh
4. Shri [Link] .. Member
Director General
NIRD, Hyderabad
5. Shri K.B. Saxena (IAS Rtd) .. Member
Flat No.358, Ras Vihar Group Housing Society
Plot No.99, Patparganj, Delhi

6. Prof. [Link] .. Member

School of Economic Sciences and Planning
JNU, New Delhi
7. Shri [Link] .. Member
321, Guru Jambeshwar Nagar

248
Jaipur, Rajasthan
8. Shri Subhash Lomte .. Member
National Campaign Committee for Rural Workers
125, Samrath Nagar, Aurnagabad
Maharashtra
9. [Link] .. Member
Ex. Chairman, CACP)
New Delhi
10. Shri Acharya Ram Murthy .. Member
B-173, Police Colony, Anisabad
Patna -02, Bihar
11. Shri Jagadananda .. Member
State Information Commissioner
Bhubaneswar-751013, Orissa
12 Ms. Neelima Khetan .. Member
Seva Mandir, Old Fatehpura
Udaipur 313004, Rajasthan
13. Shri Ram Dayal Munda .. Member
Village Hatma (Behind Ranchi College)
Morhabadi, Ranchi -834008, Jharkhand
14. [Link] .. Member
President, Dalit Bahujan Sramil
Union, House No.01/4878/87/01
Bakaram Nagar, Gandhi Nagar
Hyderabad
15 Shri [Link] .. Member
Principal Secretary, Revenue Department
Govt of Assam, Dispur 781 006
16. Mrs. Vilasini Ramchandran .. Member
Pr. Secretary, Revenue Department
Govt. of Gujarat, Sachivalaya,
Ganidhinagar – 382010
17. Shri S.M. Jaamdar .. Member
Pr. Secretary, Revenue Department
Govt. of Karnataka, MS Building
Bangalore – 560 001
18. Smt. Neeta Choudhary .. Member
Pr. Secretary, Revenue Department
Govt. of Uttar Pradesh, Bapu Bhawan
Lucknow

19. Dr. P.K. Agrawal .. Member

Pr. Secretary, Land and Land Reforms Department
Govt. of West Bengal
Writers Building
Kolkata-700001
20. Additional Secretary .. Member Secretary
Department of Land Resources
Ministry of Rural Development

249
4. The terms of reference of the Committee shall be as follows:

i. To conduct in-depth review of the land ceiling programme in the country including sta-
tus of distribution of land declared surplus, continued possession by the rural poor of the
allotted land and expeditious disposal of land declared surplus but held up due to litiga-
tion and to suggest appropriate and effective strategies in this regard.
ii. To ensure access of the poor to common property resources, suggest ways for identifica-
tion, management, development and distribution of Government/ Wasteland to the land-
less.
iii. To review the progress of distribution of Bhoodan land in the States and suggest mea-
sures for distribution of the remaining Bhoodan land to the landless.
iv. To examine the issue of tenancy and sub-tenancies and suggest measures for recording
of all agricultural tenants and a framework to enable cultivators of land to lease in and
lease out with suitable assurances for fair rent, security of tenure and right to resump-
tion.
v. To examine the issues relating to alienation of tribal lands including traditional rights of
the forest-dependant tribals and to suggest realistic measures including changes required
in the relevant laws for restoration of such lands to them.
vi. To examine the issue of setting up of fast track courts/mechanism for speedy disposal of
land related litigation cases.
vii. To look into the land use aspects, particularly the agricultural land, and recommend
measures to prevent/ minimize conversion of agricultural land for non-agricultural pur-
poses, consistent with development needs of the country.
viii. To examine the issues related to homestead rights and recommend measures for provid-
ing land for housing to the families without homestead land.
ix. To suggest measures for modernization of land management with special reference to
updating of land records, proper recording of land rights and speedy resolution of con-
flicts and disputes relating to land.
x. Suggest institutional mechanisms for effective implementation of land reform pro-
grammes.
xi. To examine measures to provide women greater access to land and other productive as-
sets.
xii. Any other issues of relevance.
xiii. Any other Term of Reference that may be decided by the Committee in its first meeting.

5. The Committee may visit the States and hold consultations with them in order to fi-
nalize its recommendations.

6. The Committee would make recommendations on the programme of action for ef-
fective implementation of land reforms with particular reference to the above matters
in consultation with State governments/ Union Territory Administration.

7. The Committee may set up sub-groups/ task forces, if necessary, for undertaking in-
depth studies on the above components of the Terms of Reference.

8. The Committee may co-opt any other official/ non-official/ experts/ representatives
of other agencies.

250
9. The Committee will submit its final report within one year from the date of its con-
stitution and the report will be placed before the National Council for Land Reforms
for its consideration and direction.

10. The expenditure of the official members of the Committee for attending the meetings
of the Committee will be borne by the respective parent Department/ Ministry/ Orga-
nizations as per the rules applicable to them. The expenditure on TA/ DA of non-of-
ficial Members will be borne by the Department of Land Resources according to the
appropriate rules and practices.

11. The Committee will be located in and serviced by the Department of Land Re-
sources in the Ministry of Rural Development at New Delhi.

BHASKAR CHATTERJEE, Addl. Secy.

251
ANNEXURE - B

Committee on State Agrarian Relations and the Unfinished Task in Land Reforms
Constitution of Sub - Groups

Sub Groups Subject

Sub-Group – I Land Ceiling, Distribution of Government Land
1. Acharya Ram Murthy and Bhoodan Land
2. Shri Jagadananda
3. Prof. P.K. Jha
4. Shri K.B. Saxena
5. Shri Ramesh Sharma
6. Ms. Sasikala
Sub-Group – II Tenancy, Sub-Tenancy and Homestead Right
1. Dr. T. Haque
2. Prof. A.K. Singh
3. Dr. P.K. Agrawal
Sub-Group – III Governance Issues and Policy of Land
1. Shri K.B. Saxena
2. Ms. Neelima Khetan
3. Shri B.K. Sinha
4. Prof. P.K. Jha
5. Shri V.K. Pipersenia
6. Shri Jagadananda
7. Dr. C Ashokvardhan*
Sub-Group – IV Tribal Land Alienation & PESA
1. Shri R.C. Verma
2. Shri Subhash Lomte
3. Shri B.K. Sinha
4. Shri R.D. Munda
5. Shri V.K. Pipersenia
Sub-Group – V Modernization of Land Management
1. Shri B.K. Sinha
2. Shri S.M. Jaamdar
3. Dr. P.K. Agrawal
4. Smt. Vilasini Ramachandran
Sub-Group – VI Common Property Resources and Conversion of
1. Shri K.B. Saxena Agriculture Land for Non-Agricultural Purposes
2. Ms. Neelima Khetan
3. Shri R.D. Munda
4. Shri Ramesh Sharma*
Sub-Group – VII The Systems of Land Management in the North-
1. Shri B.K. Sinha East and Recommend Appropriate Measures in
2. Shri V.K. Pipersenia Relation to Them
3. Prof. P.K. Jha
* Co-opted Members
Other co-opted Members of the Committee:
Shri B.N. Yugandhar, former Member, Planning Commission
Shri D. Bandyopadhyay, ex-Secretary, Government of India

252
ANNEXURE - C

To Examine the Governance of Policies relating to Land and Suggest Institutional

Mechanism including role of PRIs and PESA for effective Implementation of Land Reform

Programmes

1. ANALYSIS OF TOPIC
---------------
 Updating and computerization of land : Survey & Settlement
 Consolidation of Holdings : Status and further action
 Tenancy : Reverse / Concealed
Tenancy, Recording of
Tenancy, Role of
Panchayats
 Mutation and sale transfer of land : Time, disputes,
Manipulation, Role of
Panchayats
 Land acquisition : For public purpose /
industrial and commercial
use, Role of Panchayats
 Common lands : Status , use, encroachment
and Role of Panchayats
 Land distribution : Beneficiaries,
survey/division, and providing
physical
possession, issuing Patta, role of
Panchayats
 Restoration of alienated land : Role of Panchayats

2. Major debates

3. Opinion of others

4. Data required from states

253
(i) Computerisation of land – current position, causes for delay,

(ii) Coverage of land under land consolidation

(iii) Tenancy laws and its implementation

(iv) Progress in respect of online registration and mutation

(v) State laws / Panchayat Act and devolution of powers relating to land management

(vi) Data on land distributed under Ceiling Surplus Law, Bhoodan Land and Govt. Waste

Lands with number of families according to caste groups

(vii) Data on tribal land alienation, restoration and cases pending

5. Other information wanted

(a) Strengthening of revenue administration

(b) Training of revenue staff in using computers

(c) Position in respect of PESA

6. List of publications/articles

7. If any survey is needed

8. Questionnaire for survey

9. Coverage/sample size

10. Methodology

11. Visits to states and plan for it

12. Workshop to finalise sub-group report

254
ANNEXURE – D
NIRD Questionnaire

STATUS OF LAND REFORMS

Village Data Inventory

State : District: Village:

1. Land Use Pattern

Sl. Area in Hectares
No Land Use 1991 2001 Latest Year
1. Total Geographical Area
2. Total Area under Forests
(a) Area under Reserve Forests
(b) Area Under Council/ Community
Forests
(c) Private Forests
(d) Degraded Forest
3. Land put to Non Agricultural Uses
4. Uncultivable and Barren Land
5. Land under Permanent Pasture and
Grazing Land
6. A. Total Fallow Land
(a) Total Old Fallows
(b) Fallow lands under Jhoom
B. Total Current Fallow Land
7. Total Cultivable Waste lands
8. Miscellaneous Tree Groves
9. (a) Net Sown Area
(b) Area under Jhoom (tribal areas)
(c) Net Irrigated Area

2. Population
Year Population
Total Male Female SC ST
1991
2001
Latest (Year)

3. Literacy
Year % of Population
All SC ST
Total Male Female Total Male Female Total Male Female
1991
2001

255
4. Occupational structure
S Occupation No. of No of Persons No of BPL
No Households Households
1. Cultivation
2. Agriculture Labour
3. Non- Agriculture Labour
4. Artisan
5. Business/self-employed
6. Service
7. Others

5. Housing
S Type of housing No of Households with type of land on which house is
No located
Own land Community/ Others specify
Govt. land
1. Pucca
2. Mixed
3. Kutcha
4. Thatched hut

6. Land Ownership
S Size of Holding No of families No of Women / joint
No Patta Holders
1. <0.40 Ha
2. 0.41-1.00 Ha
3. 1-2 Ha
4. 2-4 Ha
5. 4-10 Ha
6. >10 Ha
7. Only Homestead
8. Landless & no homestead
9. Jhoom/ Shifting Cultivation

7. Irrigation
S Source Area Irrigated (Hectares)
No 1991 2001 Latest Year
1. Total Area Irrigated
2. Under Canal irrigation
3. Well / Tube well
4. Tanks
5. Hill Channels
6. Others

8. Land Management system

S Items Response
No
1. Total Area under private ownership Area in Ha
2. Total area under survey & settlement Area in Ha

256
3. Year of Last Survey/Settlement
3. Records maintained by (a) Revenue dept.
(b) Village Panchayat / Council
(c) Forest Dept.
(d) Any other (Specify)
4. Are the owners provided land patta/ Right Yes/No
of records (RoR)
4. Area under Jhoom Area in Ha
5. Whether Jhoom Area is surveyed and Yes/No
records are available
6. If yes, who maintains (a) Revenue dept.
(b) Village Panchayat / Council
(c) Forest dept.
(d) Any other (Specify)

9. Land Consolidation
Whether village covered under Land Total Area Covered( Ha)
Consolidation
Yes / No

10. Land Ceiling

Area in Hectares
Area Area taken Area under Area distributed
declared possession litigation Land less Transferred Transferred Under
surplus and Families to industry/ for Govt.
notified for Infrastructur Control
acquision e/Public use

11. Land Distribution

S Type of Land Land No of Families benefited
No Distribution

Area No of SC ST Others Women

(Ha) Families
1. Govt. waste land
2. Community waste land
3. Bhoodan land
4. Forest / degraded forest land
5. Other land

257
12. Land Acquision
SNo Purpose of Acquiring Land Agency Acquiring Land (Area in Ha)
Government Public Sector Private Total
Undertaking Sector
Companies
1. Industry
2. Special Economic Zone (SEZ)
3. Roads/ High ways
4. Irrigation Projects
5. Mining
6. Defense Projects
7. Housing / Urbanisation
8. Others

13. Compensation Paid for Acquired Land

SNo Land Acquiring Agency Number of Cases
Cash money Land for Land Cash money +
Land
1. Government
2. Public Sector Undertaking
3. Private Companies

14. Status of Land Encroachment

SNo Land Occupied Forest Land Total
by Govt. /Common
Land
Number Area(Ha Number Area(Ha Number Area(Ha
of HH ) of HH ) of HH )
SC
1.

2. ST
OBC
3.
4. Others
5. Total

15. Cases of Regularization under Pendency

SNo Land Occupied by Forest Land Total
Govt. /Common
Land
Number Area(Ha Number Area(Ha Number Area(Ha
of HH ) of HH ) of HH )
SC
1.

2. ST

258
OBC
3.
4. Others
5. Total

16. Purchase of Land by Government for Distribution Among Landless Poor

Total Land pur- Category wise Distribution of Land (Ha)
chased till 2007- SC ST Others Women
08 No Area No Area No Area No Area

17. Common Property Resources (CPRs)

S No Type of CPRs Total Leased Available No. of Land
Area (Ha) for for families Encroached
economic community benefited
use (Ha) use (Ha)
1. Village common lands
2. Village forest land
3. Village pond/ water
tanks

18. Village Rights on Forest

SNo Type of Produce No Rights Limited Rights No limit
1. Timber
2. Non- Timber wood
3. Grass/Fodder
4. Minor Forest Produce
5. Grazing of Animals

19. Role of Panchayat (Village Council in Tribal /PESA Areas) in Land Management
SNo Items Yes / No
1. Maintenance of Land Records
2. Issuance of Land Patta/ Right Certificate
3. Permission for Land Acquision
4. Management of Commons
5. Distribution of Land to Poor
6. Recording of Tenancy
7. Leasing of village commons for
economic use by individuals/groups
8. Any other (specify)

xxxxxxxx

259
Household Questionnaire

I. IDENTIFICATION

1. District: ________________________ 2. Block:

3. Village: ________________________ 4. Hamlet / Thanda:

5. Name of the Respondent: _______________________________________________

6. Sex : _______Male (1) Female (2) 7. Age Years

9. Caste : SC (1); ST (2); BC (3); OBC (4) Others (5)

10. Literacy Status of the Respondent

(Illiterate-1; Primary-2; Middle-3;
Higher Secondary-4; Above High School-5)
11. Family Size
Total Male Female Children
Total >18yrs <18 yrs School going

12. Family Occupation

S Number of Working Members in the family
No Male Female Total
1 Farming
2 Agri. Labour
3 Non – Agri. Labour
4 Service
5 Business/Trade
6 Others

13. Housing
S Type of House Homestead
No Area Own land Govt. Village Others
(Acer) provided Common Specify
land land
1. Pucca
2. Mix
3. Kutcha
4. Thatched

II. LAND HOLDING

14. Land Holding (Acres)
S Items Total Cultivated Uncultivable
No Rainfed Irrigated
1. Owned Land
2. Land provided by Govt.

260
3. Leased in Private Land
4. Leased Govt./Common land
5. Encroached Land
6. Jhoom Land(Tribal Areas)
7. All

15. Details of Land Provided by the Govt.

S Type of land Physical Patta Issued If not If not in
No Possession cultivated, possession
Reasons reasons
1. Ceiling Surplus Yes/ No Yes / No
2. Bhoodan Yes/ No Yes / No
3. Govt. waste land Yes/ No Yes / No
4. Purchased by the Govt. Yes/ No Yes / No
5. Homestead Yes/ No Yes / No

16. Tenure System for Leased in Land

S Lease Terms Period of Lease Recorded
No Yes/No
<1 year 1-2 Yrs 2-3 yrs > 3 yrs
1. Share Cropping
2. Fixed Rent
3. Fixed Produce
4. Contract farming

III. CULTIVATION
17. Crops Grown and Production
S Crops Rainfed Irrigated Total
No Area Production Area Production Area Production (Qtl)
(Ha) (Qtl) (Ha) (Qtl) (Ha)
A. Kharif
1. Paddy
2. Jowar
3. Bajara
4. Millets
5. Pulses
S Crops Rainfed Irrigated Total
No Area Production Area Production Area Production (Qtl)
(Ha) (Qtl) (Ha) (Qtl) (Ha)
6. Vegetables
7. Oil seeds
8. Others
B. Rabi
1. Wheat
2. Barley
3. Paddy
4. Millets
5. Pulses
6. Vegetables
261
7. Oil Seeds
8. Others
C. Cash Crops
1.
2.
3.
D. Plantation Crops
1.
2.
3.

18. Income from Farming

S Items Value of Gross Cost of Net Income Value of rent/ share
No Annual Cultivation (in case of leased in
Production land)
1. Food grains
2. Vegetables
3. Cash crops
4. Others
5. Total

IV. LAND MANAGEMENT

19. Maintenance of Land Records
S Items Authority
No Revenue Village Forest Others
official Panchayat Dept.
/Council
1. Issue of Land Patta / RoR
2. Sale / Transfer
3. Survey/ Settlement of Land
4. Mentenance of Land Records
5. Recording of Tenancy

20. Land Acquision (in case land was acquired)

S Purpose Area Agency which acquired land
No Acquired Government PSUs Private
(Ha) Companies
1. Rail/Roads/ Highways
2. Irrigation project
3. Public Use
4. Factory
5. Mining
6. SEZ
7. Others

21. Compensation
S Land Acquiring Agency Nature of Compensation
No Cash money Land for Land Cash money +

262
Land
1. Government
2. Public Sector Undertaking
3. Private Companies

22. Land Alienation (in case of tribal households)

If the land alienated
Area Involved Cause of alienation Whether If filed, Present
(Ha) case filed date of position
for filing case of the
restoration case
Mortgaged/ Forcefully Occupied by Yes / No
Sale Tribal Non Tribal

23. Do you think the Land Ceiling should be further revised so that more land can be
made available for distribution among land less ? Yes / No

24. Do you think the existing Tenancy Laws are favourable to the tenants. If no, What
changes you would like to have ?

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ANNEXURE – E

Status of Land Reforms in India

States Covered

Name of the State

1. Andhra Pradesh
2. Bihar
3. Chattishgarh
4. Jharkhand
5. Gujarat
6. Himachal Pradesh
7. Karnataka
8. Madhya Pradesh
9. Maharashtra
10. Orissa
11. Rajasthan
12. Punjab
13. Tamil Nadu
14. Uttar Pradesh
15. West Bengal
N E States
16. Arunachal Pradesh
17. Assam
18. Manipur
19. Meghalaya
20. Mizoram
21. Nagaland
22. Sikkim
23. Tripura

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ANNEXURE – F
Workshop on
Land Reforms in India : Emerging Issues
(4-5 October, 2008)

Workshop Proceedings

INTRODUCTION

Subsequent to the mobilization (Janadesh) for land rights in October 2007, when close to
30,000 people walked from Gwalior to Delhi for land and livelihood rights, the Prime Minister’s
office of the Government of India, initiated the formation of Committee on State Agrarian Relations
and the Unfinished Task in Land Reforms under the chairmanship of the Minister for Rural
Development, Dr. Raghuvansh Prasad Singh, with the goal of looking into the unfinished task of
Land Reforms. To lay down broad guidelines and policy based on the recommendations of the
above mentioned Committee, National Council for Land Reforms was also constituted under the
chairmanship of the Hon. Prime Minister Dr. Man Mohan Singh vide No. 21013/4/2007-LRD on 9 th
January, 2008.
It was reiterated in the first meeting of the Committee that good governance in land
administration and effective management of agrarian relations are important catalysts for poverty
reduction and economic development. Socially just access to land, land related services and security
of land rights are of utmost importance in achieving inclusive sustainable development.

The Committee’s terms of reference constituted a very broad canvas including different
aspects of land administration, management and its equitable distribution, among other issues. The
Committee, with the consent of the members present in the meeting, was divided into seven sub
groups, each of them headed by a Convener, and each sub group was allotted subjects as given
below :

Sub Group – I : Land Ceiling and Distribution of Ceiling Surplus Government

and Bhoodan Land
Sub Group – II : Tenancy, Sub-Tenancy and Homestead Rights
Sub Group – III : Governance Issues and Policies Relating to Land
Sub Group - IV : Alienation of Tribal and Dalits Lands
Sub Group – V : Modernisation of Land Management
Sub Group – VI : Common Property Resources & Issues Related to
Conversion of Agriculture Land to Non – Agricultural Use
Sub Group - VII : Land Management in the North East

OBJECTIVES OF THE WORKSHOP

In view of the above, the main objective of the workshop was to discuss the reports and
recommendations made by each sub-group, make necessary amendments and provide material for
the Committee Report.

PROCEEDINGS OF THE WORKSHOP – INAUGURAL SESSION

265
Shri B K Sinha, the Director General, NIRD welcomed the participants to the workshop. In
his welcome address, he clarified the purpose of the workshop. He said that the govt. of India is
concerned about land issues. That concern has been spread through the organisation of a committee.
The committee was organised in to seven groups which went round the country and have identified
issues. The NIRD also conducted a study , but due to limitation of time, the sample size was not
large. We have also taken some of the published reports. Recently, for instance, Koneru Ranga Rao
report in Andhra Pradesh , D. Bandopadhyay Committee which has gone into land issue in Bihar,
were also good source of information. The findings are contained in the reports of the seven sub
groups which are provided in the booklet circulated to you all. The major objective of this
workshop is to seek validation and necessary modification suggested through the deliberations by
the participants. There may be many points which would have been left out and therefore we expect
participants to bring them out. Since the rep[ort is voluminous, we have prepared executive
summary and circulated to you all. We have also circulated the summary of recommendations of
all seven sub groups separately. These recommendations contain the gist of the report.

Dr. T Haque in his address, mentioned that it is not the key note address but opening
remarks. He was critical of the way land reforms was dealt in the past five decades. He mentioned
that even a fraction of what was expected from the land reforms, has not been achieved. He said
that the governments both at the center and the state were not serious about it and do not have the
will power.

It is good to be optimistic. Issues are complex. There are too many issues. Conversion of
agricultural land, land maphia, land transactions etc. It is never ending process. Relaxation of land
ceiling is necessary so that the land size should be viable for agricultural and other purposes.

In the context of tenancy of land, number of states have restricted it to the agricultural land.
Informal leasing is taking place. Informal tenants are insecure. They are not taking much interests
in cultivation. Probably, if these restrictions were not there, more land could have been available
to the poor. We need to examine whether this kind of restriction is really require today or we need
relaxation. Give them some security also the land owners who are ready to lease out land.

Alienation of tribal land and implementation of PESA, they are in the law but we are not
implementing. There is no proper institutional framework at the ground level. There are people who
question whether Panchayat and Gram Sabha can do any thing.

Shri B N Yugandhar, Member Planning Commission, in his inaugural address said he

wants to listen through all the sessions because the audience here consists of very eminent people,
also some of those who have chance to influence policy. He mentioned that he would like to make
three points : One is that the situation prevailing today is serious and turbulent; second, the land
issue, the poverty and the people dependent on land issues, institutional failure, farmers suicide, and
many such things are making situation more complex; and the third, it is the whole complex issues
that operate to make him helpless and take extreme steps.
He said, what I mean to say is, this turbulence is working through some processes, or
empowerment and awareness which is very important factor. Somebody said recently that a toxic
combination of bad economics, bad politics and lack of empowerment which are basically
responsible for poverty in India, are getting broken. This turbulence we have to analyse and
understand clearly. We have to understand diversity and inequity. First of all, we do not have a
single policy for the entire country. Let us understand the context and contextualize what we are
going to recommend. I can tell you that this whole of land reform fundamentalism is not going to

266
work. You will be listened to the extent you contextualize and capture the agenda for land reforms
in relation to the turbulence and empowerment and the movements that are going on.

Let farming be done by farmers. Anybody who is not doing primary farming is not a farmer.
If we do not tamper with the ceiling, then farmers will be in your favour. So far as tenants are
concerned, institutional failures are responsible. Small and marginal farmers constitute majority and
cultivate 60% of the land. Agri - marketing centers are run by farmers. Nearly 2.25 Lakh Crore
rupees are disbursed as short term loans by commercial banks. What is the share of credit system,
seed system, research system or fertilizer system. The situation requires change otherwise the
country becomes ungovernable.

TECHNICAL SESSIONS

There were seven technical sessions one for each of the seven sub-groups. However, the
session –I & III were presented together as the convener for these groups was Prof. Praveen Jha. It
was therefore decided that Dr. T Haque, convener of the second sub group present the report and
recommendations in the first session.

Technical Session–I : Tenancy, Sub-Tenancy and Homestead Rights (Sub Group–II) .

The session was chaired by Dr. A K Singh. Dr T Haque presented the main
recommendations of the sub group report as under.

 There is need to legalise land leasing at least with small ceiling lands. This will improve
poor’s accessibility to land and the lands may not be kept fallow by the land owners.
 Implement distribution of ceiling surplus and Bhoodan lands.
 Liberalisation of leasing in and leasing out of land will help in keeping large farmers out of
agriculture.
 Encourage and support group leasing by women as in Telangana.
 All states should impose land ceiling. Land owners coming under land ceiling should not be
allowed to lease in land.
 Reverse tenancy should be restricted.
 Priority should be given to provide homestead land.
 Government of India should launch a centrally sponsored scheme to allocate 10 to 15 cents
of land to each houseless rural poor on priority basis.
 As far as possible, allotment of homestead cum garden plot should be in the name of
women.
 The beneficiaries of a particular social group should be given such land in a contiguous
block, along with facilities of road, electricity, school, safe drinking water, health centre etc.
Besides, line departments of government should provide the necessary technology, exten-
sion and marketing support for enabling the beneficiaries to benefit substantially from allot-
ment of such homestead cum garden plots.

After the presentation , the house was open for discussion. Some important comments made
by the participants are as follows :

Shri K B Saxena : Let us define contextualization and the failure of the institutional structure. The
turbulence is also on account of the market forces that are now operating the land every where,
including acquision of land and so on. I am afraid turbulence is not going to seize. For the present
we are honoring the poor. All that has been on tenancy, persuading land lords thet government

267
stands by them to protect their rights. But, what the rights of tenants we are protecting, this I want
to know. The fact is that despite the fact that in many places tenancy has not been abolished or
tenancy abolished every where, tenancy still operates. So to say that in the absence of liberalized
tenancy, the land is lying fallow, is wrong. Further I want to say that land lords are not prepared
to enter into any agreement with the tenant because he feels that it will take away his autonomy to
dictate the terms of tenancy. Secondly, he fears that at some stage rural poor kill him.

Shri B D Sharma : Most powerful factor is the power of money. The whole country situation has
changed in the past two/three years. They do not need land acquision act. A person may go to
village and offer more money than a poor farmer expects. In our country, from Pm to Peon, all of
them are absentee landlords. Can we do some thing for this land which is under the possession of
some body. I think some thing has to be done on such a frame that ordinary people can be
protected. Individual ownership and individual continuation has its own defects, collectivization has
also defects. We have to think in terms of collective ownership and individual use of land. It was
there in tribal areas for ages, which has been destroyed by superimposing our concepts.

Shri Ashok Choudhary : Land reforms or agriculture reforms have to be seen in people’s
perspective. The context of land reforms has changed. In India farmers means rural people. We
have to understand the terminology of peasant cultivators. Three Years back, the Government
appointed Arjunsen Gupta Committee. The committee has made very progressive suggestions
acceptable to the government. The government has its own priorities, may be because of the
growing unrest and conflict between landless and the rich in the countryside. I want that the
discussions should not be on the basis of the government’s wish. Any one raising the issue of land
is branded as nexalite. Let us try to look into the perspective of the landless people.

Pradeep Prabhu : The institutional failure and failure of law – if the land lord constantly refuse to
obey the law, then from Patwari to upper level revenue officers cannot uphold the law, and hence
the law should be abolished.

Shri B N Yugandhar : Do not quote too much of academic studies. Make provisions for state
specific approaches. The farmers should have access to agricultural subsidies. Regarding
homestead, put the responsibility on state governments.

Shri Kunhaman : Reforms is a legislative measure. There is less scope for reforms. The hungry
has become angry today. Land is an asset, source of income, source of power, status and so on.
Individual ownership will facilitate functioning of the existing system.

B K Sinha : If we take institutional economics, when the markets are relatively free of
distortions, certain institutions like data information, adjudication are working well. The market
functions will be performed much better. The tenancy market is not uniform, it is fragmented. The
LBSNAA studies reveal that there are 20 forms of tenancies. These tenancies are particularly
economic and social setup where the capitalist form of agriculture taking place. The terms of
tenancies are categorised into nine conditions of which five are adverse to the tenants.

The tenancy is the conventional tenancy. Recent studies by NIRD has clearly brought out
that marginal farmers and land less labour comprise the bulk of tenants. They would like to
enhance their economic condition. This has been confirmed by Koneru Ranga Rao Committee the
high incidence of tenancy, in some regions as high as 60 percent. If we look at the nature of the
administrative / institution, it is the rent seeking system that is entrusted with the protection of the

268
rights of the people. This is the main factor that for the past 60 years, the administration or the
government failed to protect the rights of the people.

Dr. T Haque : Some states have done nothing for tenancy. The state like Orissa has done
Vasundhara project. They have distributed homestead land to 2,80,000 families. Instead 4 cents of
land , it should be 6-7 cents. They should purchase land from market. In Indira Awaas Yojana, they
can purchase land from market and give to the poor. In respect of informal tenancy what are
you going to give to the poor. If you legalise the land leasing, two things will happen, one , the size
of the land available for leasing will be larger, and second, it will improve the poor peoples access
to the land. The state of Kerala is not willing to do any thing under land reforms.

Shri K B Saxena : The latest homestead law passed by the colonial government- the rights of the
poor people, the rights of individual farmer is to have a homestead and get legalised. Lakhs of
people are getting land and the government is not legalizing it. First implement that. In one district
alone we found that 40,000 of people could be given right on the homestead already established on
the lands of the landlords.

Technical Session – II & III: Land Ceiling and Distribution of Ceiling Surplus, Government
and Bhoodan Land (Sub Group – I) and Governance Issues and Policies Relating to Land
(Sub Group –III)

The session was chaired by Shri K B Saxena . Prof. Praveen Jha, the convener of the sub
group I & III presented the reports. A brief gist of the presentation and discussion there on are as
under :

 Though ceiling laws have been enforced in the country but they have yielded results only in
some states. The efforts to abolish landlordism and carry out land reforms have borne fruit
partially as it tends to need institutional support as well. The will of the state to implement
the same has also been questionable. As was seen in the case of Kerala where the restoration
of tribal land 1975 even after enactment has not been notified and the rules not framed for
the same.
 There is an urgent need for the revival of the land-use boards which try to prioritize between
various uses of land and giving the livelihood and bona fide agriculture needs over the oth-
ers.
 There is a pressing need to have a land use and water use policy for the country. An attempt to
do agriculture zoning had also been half-hearted. Till now the land use prioritization has
been done by the state but now the need of the hour is that people’s institutions should be
given the right to decide their land use. This has been time and again proven by examples
like those of Hiwre Bazaar (a village in Maharashtra), etc. As per the mandate of the sub-
group on Governance, PRIs and PESA have not been dealt adequately.
 Previous experience has been showing that the land is not safe with the government. Land has
been diverted for various purposes and need of the hour is to bring in equity and efficiency
in land use practices. There is also need to distinguish between land distribution and land
improvement. Agriculture and Livestock production should be taken into account while
thinking about reforms. This might also mean thinking about Afforestation, watershed de-
velopment and water resource development.
 Thus we see that there is an urgent need to move the investments from the “landest” to the “la-
borest”.

269
 In some cases, typical contexts have resulted in conflicts with land acquisition and R&R
policies as in case of Uttarakhand where 65 % is forest lands, 20 % occupied by the Army,
10 % is considered as barren and uncultivable and only 7 % of land is available for farming.
 Land is of critical significance and the purpose of the policies should be to ensure land goes to
the tiller rather than the non-tiller. Non-residential owners should be excluded from land
use.
 The roles of the various government departments like the forest department, irrigation depart-
ment need to be redefined in the changing paradigm on land.
 There is need for a clear-cut distinction to be made between community land and government
lands. Lot of land categorized as barren and uncultivable land is critical for ecological health
of the region. Besides many of the lands are being used for other common purposes as men -
tioned by N S Jodha in his works. Therefore we should also try and redefine wastelands.
Productivity of lands in terms of watersheds also needs to be looked at.
 Diversion of forest lands has been going on unabated and there is a need to explore newer mar -
kets like the carbon trading markets etc.
 Small plots of land according to holding capacity have sometimes proven to be efficient in deal -
ing with labor intensive agriculture.
 There is increasingly a need to adopt a group oriented approach to address the ecological chaos
emerging from the wrong land use practices.
 Sale of land and land markets also need to be regulated to incorporate the concerns of the sched-
uled castes and tribes. This also means that the minorities should have more say in the func-
tioning of State. This needs to address the class struggle as Naxalism, etc., have a direct re-
lationship with the skewed land relations.
 Problems of unsurveyed land in many parts of the country need to be addressed on an urgent ba-
sis. Some strong measures should also be taken by the government to bring in disincentives
against encroachments on public lands.

After the presentation by Prof. Jha, the session was open for comments. Some of the
important comments are as under.

Shri B N Yuganadhar : The presentation has been based more on certain policies like the R & R
policies, Land Acquisition Act, Forest Rights Act, SEZ Act etc. The expectations from the sub-
group were more about encouraging civil society participation, social mobilization, SHGs and
people’s institutions.

Prof Dandekar : It is tough to expect this from the state to implement all the land reforms.
Reforms post 1991 has taken a different shape and there is a need to restructure the land
relationships.

Shri S R Sankaran – There is a need to bring in alternative and innovative ideas and bring in
more responsibilities for the Gram Sabha. Also there is a need to bring in as much of local
representation. Forests as a land category have been subject to much of abuse. Therefore forest
lands issues should also be included in the land discourse.

Prof Roy Prosterman - There are certain core items that need to be deliberated upon and
substantive measures should be taken to address them. Implementation of various acts should
include publicity and awareness drives as well without which such efforts will fizzle out. The
village level governance should include beneficiary dominated village level entities. The policy
makers should also decide about Number of Items, Complexity of the items and the monitoring
aspects.

270
Shri K B Saxena – The group should have also tried to address issues on Governance and People’s
participation. The government should try and trigger civil society efforts and organizations, as
organizing people is a tough task. When the government itself takes to organizing people, it has
failed miserably. Some recommendations in this regard can be :

o Empowering the beneficiaries to make their own decisions.

o Institutional measures to promote various institutional forms.
o Creation of land reforms unit that can intensively carry out the assignment of land reforms
on a priority basis.
o Creation of capacities at the village level for exercising the powers given under the initia-
tives in land reforms.

Technical session –IV : Alienation of Land Belonging to SCs & STs, Traditional Rights of
Forest Dependent Tribals and other Forest Dwellers and Market Forces and Appropriate
Ameliorative Measures ( Sub Group – IV report)

The session was chaired by Shri S R Sankaran and the sub group – IV report was presented
by its convener Shri R C Verma.

 The Gram Sabha should be recognized as the Competent Authority’ for all matters pertain-
ing to transfer of tribal land whether by sale or by lease, restoration of alienated tribal lands,
maintaining the land records, etc.
 Consultation of the Gram Sabha should be held as ‘Prior Informed Consent’ as provided in
the ST&OTFD (Recognition of Forest Rights) Act 2006 and strictly enforced.
 The Gram Sabha should also be involved in the Joint Survey and its assent to the correctness
of the Joint Survey should be made mandatory.
 Land for Land be made a fundamental requirement for acquisition of tribal lands.
 The zone of influence of the project should be considered the acquired area and all affected
persons be considered ‘displaced’.
 A committee of educated youth elected by the Gram Sabha be trained in necessary functions
of land measurement, marking of boundaries by GPS technology, verification of entries and
maintenance of records.
 Entries to the RoR will be made by the Patwari or the Village Officer only on a specific res-
olution of the Gram Sabha. Records will be retained at the Office of the Gram Panchayat
and made available on specified days.
 A participatory survey and settlement process under the purview of the Gram Sabha to rec-
ognize and record tribal rights to land and land based resources.
 Amendment of all laws at variance with the provisions of PESA undertaken in a fixed time
frame with the necessary rules, regulations and procedures to make them implementable.
 Empowerment of the community to exercise the rights and responsibilities conferred on
them by PESA

After the presentation the house was open for discussions. Some of the important comments
by the participants are as under.

Shri Xavier Manoranjan : In PESA act there are loopholes. For example Gram Sabha or Pan-
chayat. If Gram Sabha does not apply, Panchayat should apply. In many cases, Gram Sabha is by
passed and Panchayat is used at the appropriate level. This matter was taken up to the Supreme

271
Court and it was refused to interpret this. Most of the MPs are loyal to their political parties and not
to tribals. In many states tribal advisory committees are formed but are defunct.

Prof. Hargopal : The tribals have been conferred with certain rights. In AP, the Government is
taking away the land assigned after 1979. The tribals were paid Rs. 9000/- compensation and the
same land was sold to Aurobindo Pharmaceuticals for Rs. 30 Lakhs. Now the tribals have occupied
the land again.

Ms Indira M. Jain: The limitation clause , as such is open subject to justice, but in actual practice,
there are varying periods in different states. This has to be made open ended to enable judicial re-
view to any state where alienation has taken place.

Shri B D Sharma : Give directions to the sub-judicial magistrates for the implementation of the
law, only then the land can be restored. Who is the front organisation ? This is the biggest prob -
lem.

Shri B K Sinha : There is need to amend different laws according to the provisions of PESA. In
the Ministry of Panchayati Raj we have listed 900 legislations that are to be amended. The proce -
dural laws have not been framed. So, how the Gram Sabha will be benefited ? How the proceed-
ings will be recorded ? Administrative support – in PESA if any Gram Sabha has to execute the
law, there should be a machinery. In Kerala, for four Gram Sabhas there is one Panchayat cell
and the Gram Sabha becomes some kind of victim or prisoner of the secretary who would not come
to the Gram Sabha. Thus the main point is capacity building or training for which we have prepared
a frame work . There are many movements building up in PESA areas which do not recognise such
legal literacy movement. What we need is to integrate all these movements. The implementation
of PESA itself must become a movement.

Shri S R Sankaran : The emphasis here is on land. How do you prevent the loss of resources ?
The land is out of the control of the people or the community. How do you prevent the loss of re -
sources, and provide them control over the resources, is the crucial issue. The land is getting alien-
ated. The state sponsored alienation is taking place, besides the private land alienation. It is a bal-
ance of power. How does the state intervene to security of the land ? To implement the constitu-
tional provisions there should be a different machinery. In this situation how do you strengthen the
process of equity and equality. Can there be an All India Council for this ? No body has to em-
power Gram Sabha. How do you strengthen that process and in differentiated society how do you
safeguard the community ?

Ramesh Sharma : Large areas in Rajasthan, Chattishgarh, Madhya Pradesh are being diverted for
Bio- Fuel plantations. Most of these lands are Government wastelands and common lands. No body
is questioning. In Madhya Pradesh, there is double entry. The same land is recorded by the revenue
department as waste lands and the forest department has recorded as forest lands.

Dr. Palanithurai : We never treat the people as citizens. The governance is mystified. The law has
not reached people. They are made beneficiaries. If you are benefited, thank the officials, if not
complaint to politicians. When you make recommendations, don’t think the state will implement it.
In states like Kerala, Karnataka, Tamilnadu, etc., the tribal settlements were placed in forests during
British Period, and they continued to reside there. After independence, these forest were declared
reserve forests. Under the Indian Forest Act what is the position do they have ? Do they got the
rights ?

272
Dr. Kumaresan : After independence we have lost water resources which has spiral effect on all
agriculture related livelihoods of people, specially the tribals. Regarding the preservation of land re-
sources, we have institutional mechanism. We have certain categories of land which without com-
promise should not be affected. Encroachments should be removed.

Dr. Pradeep Prabhu : We have to stress that how the Gram Sabha will resolve these issues. The
decision making powers are not with DCs. There are six cases now filed by retired Forest Dept. Of -
ficials in Tamilnadu, Karnataka, AP, Orissa, Maharashtra against the clause that those receiving
pension, they should not involve in any such activity that will be against this check. If that is the
case then why not send the petition to the people who are concerned. These are being challenged
by the forest officials. Why not their pension should be stopped. DM Giri hills petition was filed on
the grounds that the hills are sacred and have bio-diversity. But the supreme court ha not considered
a single of these issues including the UN conventions.

Prof. Haragopal : The basic problem is that the state itself is the law breaker. State is the guilty
of violating the rights of the STs and Dalits.

Shri S R Sankaran : How do you make unequal to equal ? The forest rights brings in a new ele-
ment of Gram Sabha. It is an innovation and experiment which should succeed.

Technical Session – V : Measures for modernization of and management system, Updating of

land records, Computerization of land records, land rights and Speedy resolution of
conflicts and disputes relating to land ( Sub Group -V).

In this session Shri B K Sinha, the convener of the sub group –V made a presentation. Shri
Chinmay Basu, Additional Secretary, Dept. of Land Resources, MoRD, Govt. of India chaired the
session.

The main points raised by Shri Sinha and the specific comments made by some participants
are briefly presented below.
 The existing Land Record Management System was created during the British period and all
distortion in land relations are product of old land management system which gives rise to
conflicts and disputes relating to land right and ownership. At present there exists imperfect
system of record of rights.
 During pre-independence period, in permanently settled areas, the records were updated
with survey and settlement operations undertaken by states in every 20/30 years. After in-
dependence, the records are not regularly updated and hence do not reflect the ground reali-
ties. As a result, the records are no longer custodians of people’s right, rather it has become
an instrument of exploitation.
 In view of increasing pressure of land due to multiple demands, there is a need for updation
and proper maintenance of land records.
 The land record management system is urban based, it has colonial character and involves
costly rent seeking behaviour/motivation on the part of the revenue officials.
 The entire land management system is surrounded by the political economy in the country.
 In the context of land management the following points are important:
i. Where are the land located
ii. Who are the owner of the land, and
iii. Where the land disputes are located

273
 In order to revitalize the land record management system, the state governments have to de-
cide on allocation of adequate resources to this sector and firm commitment for the
cause.
 In the context of survey and settlement, there are various problems such as : outdated
methodologies, lack of trained manpower, little or no understanding of local traditions and
customary rights of tribals, and gross rent seeking behaviour of the local level revenue offi-
cials. It is argued that the land is in the villages and the owners reside there. It is
therefore necessary that land record management system should be people centric.
 There is an urgent need to undertake survey operations which can be done within a period
of 2/3 years in each district. There are many latest technologies available today which are
not only time saving but also cost competitive.
 The settlement of rent should be left to the village community and Panchayats.
 The Khatian prepared should be approved by the village community through the gram
Sabha before its final publication.
 The survey operations should be subject to social audit for reducing the rent seeking behav-
iour.
 The village community has to be involved in creation of data base and conducting the sur -
vey
 In view of semi-colonial management structure and domination of Patwari at the ground
level which increased land disputes, role of Panchayats has been emphasized in the back-
ground of successful experiment of Ahmednagar in Maharashtra and Gopalpura in Ra-
jasthan. Therefore, it is appropriate that rights of land management should be vested in
gram Sabha which should include the wasteland, common land, government land and com-
munity land, etc.
 In order to resolve the land related disputes there should be Dispute Resolution Committee
under the Chairmanship of village Pradhan at gram panchayat level. In case of a dispute
which cannot be resolved by Dispute Resolution Committee, it can be referred to a Nyay
Panchayats constituted at higher level.
 At present innovations in IT technology, GIS, satellite imageries, etc., have become impor-
tant tools for planning and management. IT technology has reached rural areas through e-
governance at village level in several states. Further, computerization of land records is suc-
cessful in state like Karnataka, Gujarat, Tamil Nadu, Goa and Madhya Pradesh, etc.
 In this context, Bhoomi Programmes of Karnataka and digitization of maps under the Bhu -
Bharati Programme of Andhra Pradesh are noteworthy examples for guaranteeing title to
land.
 In the context of computerization of land records, the land data should include Khatian and
Khesra, agriculture information, water right, water data, land data including cultivation, pro-
ductivity, land use, irrigation, cropping intensity, wasteland, forest land, types of soil and
drinking water, etc.
 Land can be acquired by Gram Panchayats/Gram Sabha and provided to such groups spe-
cially the women groups for promoting land based livelihood activities.

After the presentation of Shri Sinha, the discussants and other delegates made their
comments. The important ones are as under :

Shri Ganeshan : In spite of the settlement operations in Orissa in 1930’s during British period
and again during 1975, Lakhs of acres of land is yet to be surveyed. Whatever amount of land
distributed under land reforms programme in Orissa, about 50% of them are under various types of
disputes. About 20% of them are under the civil court cases. Orissa government is experimenting
“Smart Card” programme in Ganjam district which is in progress.

274
Shri Kumaresan : Land Revenue System has a long history. In a welfare state, land revenue
administration has a three-fold task, providing common man access to land, checking concentration
of land holding and preservation of Natural Resource (CPR) and reserve for future use. He further
mentioned about existence of 500 types of land rights. In India, there are nine types of land rights in
existence. In land management, giving land title is the key issue. He mentioned that a lot of land is
under encroachment which should be removed and made available. There should be maximum
training and awareness programme about the land right and management and on land rights where
NIRD/ ATIs/ SIRDs should be involved.

Shri B. N. Yugandhar : I agreed to the view that land reforms policy has been badly abused and
current status of land record management is in shambles. He emphasized for a policy document
mapping out way forward by harmonizing the land record management system. He further said that
BHU-BHARTI programme has got some problem of accuracy of mapping of land at local level.
He advised that suggestions regarding application of technologies for survey and settlement should
be such that it is acceptable to the government.
Shri T. Haque : In my opinion the land bank concept is good in the context of landless women
groups. He mentioned that there will be problem about sales and purchase of land belonging to the
group.
Shri K. B. Saxena : There are varieties of technological applications to land reform but it can not
neutralize the local social relations. He expressed doubt on the suggestion regarding the
management of land records by Panchayats. He further said that tribal areas have no land records.
Who will bear the legal expenses regarding the land disputes?
Shri Chinmay Basu : We can have the examples of land title system in Australia and Kenya as
guiding principle for modernization of land records. He mentioned that in land management system
two things are important: Updation of Land Records and Computerization of Land Records. He said
that application of survey technology in land reforms has been discussed and its accuracy in ground
realities is debatable. He mentioned that above 50 million land owning persons / families to be
recorded. He pleaded that there is a need for integrating registration process with Tehsil office for
mutation purpose. He hoped that by the end of 12 th Five Year Plan, ROR, title entry, crop, tenancy
of all land holding should be over. The end result of land management is ROR and ownership of
land which will be achieved by the end of 12th Five Year Plan.

Shri B N Yugandhar : We have lot of legacies. Do not deal with such issues. Do not compare
state wise and generalize the legacy issue. Technology is running out very fast. Our survey and
settlement departments are out dated. We have to be careful in selecting technology and need not to
fix one particular technology. The land records modernisation programme on which the MoRD has
done lot of work have taken these into consideration.

Shri B K Sinha : There are now many advance technologies which can save time and money.
There is therefore need to select appropriate technologies for survey and settlement. A large number
of functionaries have to be trained both in survey and management of land records. We should
identify all such organisations who can be roped in for this task. NIRD and LBSNAA along with
SIRDs should take lead role in this task.

Technical Session – VI : Common Property Resources & Issues Related to Conversion of

Agriculture Land to Non – Agricultural Use ( Sub Group - VI)

275
In the absence of the convener of the sub group-VI, Shri Vivek Vyas made the presentation.
Shri Ashok Choudhary Chaired the session. The brief resume of the presentation and discussions
there on are as under .

 There is need to have a clear definition of the common lands. It is difficult to make differ -
ence between community land and the government land.
 To identify and estimate the magnitude of CPRs in the country the National Sample Survey
Organization should enumerate this in every round. The estimation of CPR should be based
on the proper definition.
 It is high time to safeguard existing CPRs. Funds should be made available and investment
should be carried out for their development. To add, diversion of existing CPRs should be
banned.
 There should be disincentives against encroachments done by resource-rich farmers. At
present the penalty paid by encroachers is paltry which hardly discourages them from en-
croaching.
 The issue of the definition of public purpose in the Land Acquisition Act is considered as
unclear. The recent proposed amendment of ‘public purpose’ in the Act which is before the
Parliament for acceptance is appropriate. The proposed definition of public purpose, i.e., (i)
strategic naval, military, or air force purposes, (ii) public infrastructure projects, or (iii) for
any purpose useful to the general public where 70% of the land has already been purchased
from willing sellers through the free market should be accepted and approved. However, in
case of public infrastructure projects the compensation to the affected people should be
given on the prevailing market prices.
 Gram Panchayat should be consulted at the time of acquiring land.
 Reclamation of unutilized land. In many instances land acquired for a public purposes is not
fully utilise and therefore such un used lands should be returned to the owners of the land,
individual as well as the community.

Some important comments made by the participants on the sub group –VI presentation are
briefly given below.

Shri Avdesh Kaushal – The word community as used in the presentation might have different con-
notations as it might mean differential access. While in other states of the country hardly 8-10 % of
area is called forestlands and even that is not under actual forest cover. Even then the treatment and
budgetary provisions are almost the same for all the states. The van Panchayats have been tradition-
ally protecting their forests but still it is the forest department that gives rights and concessions.
Therefore the term community needs to be defined properly to clarify whether it means elected rep-
resentatives or the executive. The responsibilities also need to be well defined further.

Shri Xavier Manoranjan – There is need to recognize the legally assigned user rights at the vil-
lage level like the Wazib-Ul-Arz and Nistar rights at the village level which has seen degeneration
over a period of time.

Shri Ramesh Sharma: The powers of the community are slowly being vested in the state.

Shri R C Verma - Section 5 of the forest rights act talks about the community forest rights,
which must be used extensively to enable the community to protect and use their resources. The
right to decided about non-agricultural uses like mining, etc., should be delegated to the community
and they should be asked to decide whether to allow for such uses or not. Also differences in valua -
tion of land means that while some land while under agriculture values few thousands, but its value

276
goes into Lakhs of rupees once it is converted. Therefore the rule should be made to make conver-
sions compulsory before sale of the land.

Pradeep Prabhu : CPRs should be an official demarcated and assigned category in itself. The re-
spective governments should demarcate this and the communities should have control over it.

Shri Ganesan :There is no legal definition of CPRs, which leads to a lot of confusion regarding ju-
risprudence. The principles of Access should be well defined to distinguish the access for local and
global communities.

Shri S R Sankaran : The commons are subject to the danger of elite capture therefore clearly
need to be protected both from the private interests inside the community as well as outside it. Pri-
vate – Public linkages should also be checked. The suggestions of investments in commons should
also be reviewed. Their Diversions should be checked to disallow entry of commercial interests.

K B Saxena : Since there is so much variety in CPRs, there cannot be a common guideline at the
national level as it is bound to be contested. Land being a state subject, there is no need to have con-
sensus built around at national level.

T Haque : The rules of access and uses should be well laid out for the dalit and the poor. CPRs
have been subject to the occupation by the rich. In some areas, the Animal Husbandry practices of
the rich lead to marginalisation of the poor as they are left to use the marginal lands.

Mr. Shankaran : There is no mention of one of the topics that deals with allotment of CPRs
(though this might be contested). As has been done in some of the states like the Bhopal declaration
(2 %). If there is surplus land available, then it might be socially desirable to distribute it to the
poor.
Mr. Hargopal : The term government land is a misnomer as most of the government land is being
used for some or the other common purpose. Acquisition of urban periphery land is becoming a
regular phenomenon.

B N Yugandhar : Land has become a precious commodity because of its boom for alternative uses
and therefore has led to real estate hype in the country. This is an indication of our country becom-
ing obsessed with the concept of private. The need of the hour is to have a community or collective
concept. Auction or sale of CPR/Govt Land to augment the state income as it has been done in
some instances in AP should be banned out rightly. Access should also be distinguished between
unrestricted and restricted access. One cannot give unrestricted access to all the people as it might
lead to abuse of the resource. Thus nature of access to the CPRs needs to be defined.
Gopal K Iyer : The common notion exists in all the states but only with different names. Some
places like AP it is the Perimboke lands while in northern states like Punjab and Haryana it is
called Shamlaat land. In MP it is charnoi lands. Thus we see that the lexicons may be different but
the concept is the same. Britishers had been using this land for distribution to the landless and hence
the tradition has meant that the government lands have become land banks. This has further taken
the form of alienation of the local people and land being handed over to the private enterprises,
which is a dangerous trend. We need to tie up all these different typologies like Gair Aam, Gair
Majrokha lands or their equivalents in the various government records and make a quantitative as-
sessment of the same. Some of such lands are under well-defined acts like the Shamlaat Acts (appli-
cable in Punjab and Haryana) and are to be used only for the common purposes. 1/3 rdof such lands
can be auctioned to the SC population. (??)

277
Dr. AC Jena : This is very true that how much CPRs are available is non-descript. In one of the
villages, as per the patwari only 17 acres were available while in fact the community was using 300
acres. This shows that the revenue administration has a lot of room for improvement so that the
people are benefit from the CPRs.

Mr. Kunhaman (TISS) – Surplus common land should not be distributed, as there are a lot of
other categories under which land is locked. A classic example is that of land with religious trusts.
God doesn't need much land??

T Haque - But it is equally true that the government lands are the first lands to be distributed.

B K Sinha – My question to the audience is that who will be asked while ceding/parting with the
common lands? Who is actually the owner of these CPRs will have to be decided before their mis-
appropriation is stopped.

Ramesh Sharma – Government has done a lot of compensatory forestry in lieu of the common
lands diverted. The authority to do compensatory afforestation is controversial as it leads to erosion
of the stake of the community. A classical example in the same is that of Perimboke lands which are
under the control of the community. Water Resources should also included as CPRs. Rivers are
being privatized. The Seventh session which was devoted to discuss Land Management System in
North Eastern States was differed as the Participants suggested that it would be appropriate that a
special workshop at NIRD – NERC, Guwahati is organised to discuss Land Issues pertaining to the
N E Region. It was agreed by the DG, NIRD.

Shri B N Yugandhar suggested that based on the discussions on the sub-group reports, all
the sub-group conveners may revise their reports. Simultaneously a policy paper should be prepared
for the Committee.

Concluding Remarks by Prof. Roy Posterman

DG, NIRD invited Prof. Roy Posterman to conclude the workshop. Prof. Roy Posterman. In
his concluding remarks mentioned that most of the issues relating to agrarian systems and land re-
forms in India have been covered during these two days. Land issues are vital in the Indian context
as it is associated with livelihood of millions of rural people. It has also connection with rural
poverty. I am sure that the product of these two days deliberations will be very useful for refining
the policy relating to land reforms and land management in India.

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ANNEXURE – G

WORKSHOP ON LAND REFORMS: EMERGING ISSUES, WITH SPECIFIC FOCUS ON

NORTH EASTERN STATES, 30 OCT, 2008 AT NIRD-NERC, GUWAHATI
Proceedings

Dr. N. Upadhyay, Director, NIRD-NREC, extended warm welcome to all dignitaries, guests and
participants at the workshop. Inauguration lamp was lighted by the important guests and
participants at the Workshop.

At the inaugural session, Sri Birendra Kumar Sinha, IAS, Director-General, National Institute of
Rural Development, made a presentation on issues in land management in North East States. He
provided the background and explained the rationale behind holding this workshop here in
Guwahati. It is a part of the activity of the Committee on State Agrarian Relations and Unfinished
Task of Land Reforms. Under this Committee there are Sub-Groups to look into situation in various
regions and Land Management in North Eastern States falls under the purview of the Sub-Group
VII. Sri B.K. Sinha is the Convenor of this Sub-Group and a meeting of the Sub-Group took place
at NIRD, Hyderabad in the first week October, 2008. However, at that meeting it was felt that land
management issues in North-Eastern States are diverse, complex and qualitatively different from
the situation prevailing in rest of India. Members of the sub-Group felt the need to hold a workshop
in Guwahati so as to incorporate views and experiences of officials working in the eight North-
Eastern States.

According to Sri. B.K. Sinha, North-Eastern States are characterized by multiplicity of tribes and
communities. Each tribe has its own system which has evolved through historical process. With
regards to land management, there exist autonomous councils like District Councils, Regional
Councils and Village Councils in North Eastern Region (NER). Each autonomous council has its
own jurisdiction. Institutional Community mechanism is prevalent in NER. Community is the
dominant social mechanism in the NER. Family is the basic unit of community life. Ownership of
lands resides in the community and not in the hands of the government. Community based land
management is an important characteristic of the Region. .Land tenure systems in the NER are
diverse. There are inter & intra-tribal variation in the land tenure systems in NER. Land tenure
patterns can be classified into different categories like community forest land, state forest, the
protected forest, unclassified forest or the Jhoom lands, land under habitation, family land,
individual land (close to urban agglomeration). All these different land tenure systems are
characterized by institutional robustness which is the major governing factor. The Village Council
of Nagaland is a good example of institutional strength.

Introduction of certain new factors and dimensions have made the situation more complex. Social
system evolves under certain conditions of living. Changes caused by new forces do affect the
social system and lead to changes in the land ownership structure. New forces include spread of
education, urbanization, industrialization, out-migration, occupational shift, growth of competing
institutions, imposition of state authority, introduction of the market forces, globalization,
atomization of the individual and disintegration, insurgency, illegal immigration from Bangladesh
and other factors. Jhoom cultivation is still the mainstay of agriculture. But cycles are getting
reduced and under such a situation capital investment is non-existent or very low. Sometimes these
lands are being converted into individual land. Given this context, introduction of modern
management practices have become very difficult. There are also the problems of encroachment of
village land by the outsiders. Rapid urban growth and influence of globalization and marketisation
of land are responsible for the growing trend of conversion of village community lands into

279
individual ownership. As a result of this, indigenous village institutions are gradually getting
weakened.

Dispute resolutions: are primarily being undertaken by the community. There is no evidence of rise
in dispute levels. Introduction of civil courts is encouraging litigation and leading to weakening of
the village based dispute resolution mechanism. No codification or documentation exists of the
current land-use situation. Lack of institutional recognition is adversely affecting credit
disbursement procedure of the formal banking structure.

In view of the above context, Sri Sinha recommended certain measures. As mentioned earlier,
community institutions are very important and one should be very careful about outside
intervention. Any such intervention should be based on consensus building and demand driven.
Nothing should be imposed from above and indigenous institutions should be allowed to function
without hindrance. Any existing or proposed legislation should not undermine the authority of
tradition-based community authority. Village Level Council should the basic unit of land
management in the region. The stress should be on retaining and strengthening of community based
land management system. There is an urgent need for codification and documentation of traditional
rights of the Village Council and other institutions of self-governance. Mainstream legal framework
should adapt to practices based on customs and traditions. The Government of India should set-up a
specialized body for providing assistance to the State governments in drafting such legislations.

There is a debate regarding community ownership and privatization of land. Sri Sinha
recommended an approach where community should own the land but individual use of land was
allowed. Regarding the issue of conducting detailed land survey, it was recommended that demand
should come from the community itself. Reasonable restriction should be put on transfer of
ownership and measures should be adopted for restoration of alienated land with or without
compensation. No lease should be permitted beyond a period of three years. Land management
policies should take into account inter and intra-tribal differences in their self governances.

Sri Sinha made further recommendations regarding setting up of State-level training institutes and
administrative structure of land management. The State should provide technical, logistical and
financial support to the Village Council in management of land.

After the presentation by Sri Sinha, participants in the workshop were asked to make general
observations on issues raised in the presentation.

Dr. B.D. Sharma observed that sixth schedule covered very little area from Meghalaya, Mizoram,
Tripura and Assam. The most unfortunate exclusion was that of Arunachal Pradesh. According to
Dr. Sharma, panchayat system was imposed on the State with disastrous consequences. Even within
the scope of sixth schedule there were distortions like District Council deciding the formation of
Village Council. He did not see any purpose in Assam High Court order regarding documentation
of customs and traditions. Customs and traditions are village specific as well dynamic. These
should be accepted and incorporated as they are rather than superimposing things from above. Dr.
Sharma highlighted the growing phenomena of landlessness among the tribal people.

Dr. Sharma advocated a system of community ownership of land where individual use was allowed
with the consent of the community. According to Dr. Sharma, banks should expand their network in
NER and conventional banking practices should adapt to traditions and customs prevailing in those
particular contexts.

280
Sri R.N. Upadhyay observed that community development was taking place without defining the
community in many instances. Land and people exist but a mechanism of defining community is
lacking. He advocated Boodan/Gramdan model where land were being transferred in the name of a
community. In such cases, villagers would be able to prevent infiltration by outsiders and influences
of market forces would not lead to change in ownership and land-use pattern. According to Sri
Upadhyay, concepts like defense, democracy and development are inter-related and should be
treated together. In that case, insurgency would not be a problem. He gave instances where there
was no tree but the area was recorded as forest and people living there were treated as encroachers.

Dr. K B Saxena commented that he could not understand this obsessive urge on the part of the
policy-makers to integrate North-East with the mainstream India. According to him, introduction of
legal framework would dilute the power of the Village Council. Land management practices are
qualitatively different in North-East and land reforms, as applied in rest of India, might not be
relevant for NER. Introduction of land survey in NER should be subject to demand made by the
local community. There should not be any need for land survey and settlement unless it was
demanded by the local community. Banks should expand their network in NER.

Dr. R.C. Verma stressed the need for introduction of horticulture as an income generating activity.
According to him, land survey and settlement operations should involve participation of village
community.

Sri Tombikanta, an official representing Government of Manipur, informed that in Manipur land-
reforms process was initiated in 1979-80. It consisted of measures like distribution of surplus land
among the landless, imposition of taxes on land-use, use of land as collateral, acquisition of land in
public interest etc. There was no separate directorate for land-settlement in Manipur. Such a
directorate was urgently needed as this would facilitate the work of land management.

Sri Vivek Vyas noted that common property resource was a concept borrowed from the British land
management system. According to him, the present day government was no longer interested in
extracting revenue from tribal people in the name of land revenue. Securing welfare of the people
was the basic objective and community based management of land was the appropriate policy
option in this regard.

Dr.B.D. Sharma again reiterated that introduction of individual ownership of land was detrimental
for land administration in NER.

Dr. Sunil kumar Singh, Addl Collector, Ranchi, expressed the opinion that there should be proper
land use planning even in NER. According to him, survey should be conducted in shortest possible
time; Ministry of Rural Development should devise the mechanism.

Sri Goswami, representing Assam Mahasabha, highlighted the problem of encroachment and
infiltration in NER.

Sri A.K. Bora, an official from Arunachal Pradesh, raised the issues of problems of Jhoom
cultivation, concept of inner-line and widespread intervention of State machinery in land
administration.

Technical Session 1: Management of Land under Revenue Administration

281
This session was chaired by Dr. K.B. Saxena. In his introductory remarks he said that land
management practices of NER needed to be documented. He pointed out that adequate investment
was not made in revenue administration and land management was grossly neglected. Capacity of
the local community should be developed such that they could manage land on their own. He
observed that things were changing and aspirations of the local community were also changing. He
observed that bank guidelines were unrealistic provided the situation in NER was fundamentally
different from the mainstream India. According to him, there were instances where land reforms
might become necessary in NER. Cement factories and power generation units had indiscriminately
coming up in many areas of North-East. Actually it was not the community but few individuals,
who were taking decisions,

Smt. Geeta Bharali stressed on the need for careful selection of terminology for classification of
land. She expressed reservations on imposition of laws (e.g. Land Acquisition Act 1894) in NER
without adapting those to the local situation.

Sri R.N, Upadhyay again reiterated the need for enacting appropriate legislation.

Dr. K.B. Saxena reminded the audience about the absence of eminent domain in NER. Usual land
management practices should not apply anywhere in NER. He observed that land acquisition was
going on in NER without the incorporation of local situation. He wondered why State law was
needed to empower community.

Dr. B.D. Sharma stressed on people’s power and not that of government. According to him, village
was a self-defined concept. Formulation of law should incorporate this idea. State should not issue
direction to Village Councils. They were capable of managing their own affairs. Constitution
created enough space for self-management. Parliament is a representative body. People are
sovereign.

Dr. K.B. Saxena observed that Panchayat Extension in Scheduled Areas (PESA) Acts provisions
were misused in many instances in NER. State should intervene but urge should come from the
people themselves.

Dr.B.D. Sharma gave instances where District Council controlled Village Council. According to
him, that was not at all desirable. Damage had already been done.

Dr.R.C. Verma stressed on the compulsive need for maintenance of records for dispute resolution.

Sri Ngully, Deputy Director, Nagaland, observed that in Nagaland land jurisdiction comes under
district administration.

Representative from Meghalaya observed that in Meghalaya Land Survey Act was enacted in 1980.
But people were not coming forward. Awareness programme was launched. All traditional heads
were invited. The common question they asked was why they should reform their custom. The
objective was to document the prevailing situation. Some people were afraid of survey as Khasi
areas did not pay land revenue except for government land. Private and community land did not
attract land revenue. He observed that in recent times people were coming forward to know the
boundary of villages. Department of Land Resources, Government of India, assisted the State
government \in the venture (through the use of technology like GPS).

282
Dr. [Link] wanted to know about the particulars to be covered under the land survey
programme. Officials from Meghalaya answered that there was this concept of Ilaka (an informal
definition of village boundary) and land survey programme was supposed to record village
boundary and also to identify and record agricultural land along with cropping pattern. Dr. Saxena
asked about the agency that would maintain and keep the land record. Official answered that
government would maintain and keep the land records. However copies of land records were to be
circulated among the village communities. Survey would also authenticate village maps. Here Dr.
K.B. Saxena commented that measures were same as that followed in the mainstream India and
these would spell death knell for the traditional way of life. According to him, State should not get
into the issue of ownership of land unless it was demanded by the community.

Sri [Link] wondered why the people themselves were not doing the survey.

Officials from Meghalaya still maintained that they were helping people and the demand for survey
was emanating from the people.

Dr. B.D. Sharma observed that in case of land survey, record should be authenticated by the village
community and they should keep the land records. Government should get a copy only.

Officials from Meghalaya: reiterated the need to have the maps first. There were no records and
basic objective of the survey was to record ownership information.

Dr. Saxena questioned this motive and did not think it necessary to obtain information about the
owner of the land.

Official from Meghalaya replied that villagers were ignorant about the location of their village
boundary. Under such circumstances, it became difficult for the villagers to resolve conflicts
relating to boundary. Identification of boundary thus considered to be important from the
government perspective. If a conflict could not be resolved at the village level, District Council
should intervene. If disputes could not be resolved at the District Council level, parties should
approach Courts.

Smt. Geeta Bharali expressed apprehension about the necessity of conducting such land survey and
observed that in almost all cases government took the ultimate decision.

Dr. Saxena wanted the community to prepare the map itself.

Official from Meghalaya said that they were helping the community in that direction only.

Sri Tombikanta, an official from Manipur, talked about plethora of laws and desired to have a
common law.

Smt. Geeta Bharali observed that it was not possible to generalize for the entire region. There
should not be a common law.

Sri Saxena added that such a common law was not feasible constitutionally as land is a State
subject.

Officials from Manipur observed that without records land acquisition was not possible.

283
Officials from Arunachal Pradesh observed that in Arunachal there was no written land record.
Land Management Department was initiated in 1980. He said that government wanted to document
land record but they did not have enough fund. Sixteen districts had been craved out of five
districts. Limited land was owned by the government. Land Acquisition Act 1894 could be applied
since the area did not come under the purview of the sixth schedule. People were not hostile
towards survey operation. At the same time land should belong to the community. Proposals for
survey had already been sent to Government of India for funding.
.
Official from Arunachal Pradesh further observed that 25 per cent of land was cultivable. Jhoom
cultivation was still continuing. People were not interested in shifting cultivation but they were
bound by the subsistence needs. As such shifting cultivation was not desirable.

Technical Session II: Land Management under Autonomous District Councils

The session was chaired by Dr. Pravin Jha of Jawaharlal Nehru University.

Sri B.K. Sinha made introductory remarks, He felt that the scope of State intervention was limited.
District Councils and Village Councils framed regulation regarding the use of land. Over the years
District Councils became powerful. In case of conflict, District Councils could dismiss Village
Council. However, ideally Village Council should be independent and should prepare land records
without any constraints imposed from above. Government should not formulate policy in a hurry
but should access the situation very carefully.

Dr. [Link] observed that in Meghalaya, District Councils were powerless but in Assam those
bodies were supreme. In Mizoram, land belonged to Government. Because of such diverse
situation, there were scope for confusion in policy formulation regarding land management vis-à-
vis autonomous councils. This confusion should end. Traditional councils disappeared in cases
where sixth schedule was applied which were complete negation of democratic norms.
.
Official from Nagaland informed that they did not have District Council. Village Councils resolves
dispute by taking oath. If not settled at the Village Council, it goes to High Court. At village level,
customary laws prevail. Most cases get settled at village level.

Sri R. N. Upadhyay again stressed the need for defining villages. Disputes can not be resolved
because of lack of land records. But villages are already managing affairs relating to land. Leave the
land for the people in villages. That should be the universal law.

Official from Nagaland commented that they had traditional ways of demarcation of village
boundary. There are indigenous ways of creating boundaries. There is hardly any dispute regarding
boundary.

Sri B.K. Sinha observed that if there were not many disputes, land survey might not be needed.
.
Sri Rupak Majumdar, Joint Secretary, Government of Assam commented that lower Assam was
like mainstream India. Public-Private-Participation (PPP) is prevalent in most cases. Mouzadar is
not a government functionary. The role of Reserve Bank of India in the development process is
vital.

284
Dr. B.D. Sharma indicated that regarding banking operation in NER, there was a trend towards
distrusting people and entrusting bureaucracy. Community can be given loan as per the legislation
enacted way back in 1884.

Sri [Link] highlighted the experiment of self-help group (SHG) in Andhra Pradesh. Recovery
was about 99 per cent. The Success story of “Grameen” was also highlighted. Trusting people
makes sense for the banks. Altenative banking outlook, which is based on flexibility and does not
depend on security, might be adopted in NER.

Dr. Thapliyal highlighted the fact that major problem was regarding agricultural loan but for other
kinds of loan there was no norm which prevented giving loans to community. Similar arrangement
can be made for agricultural loan also. !884 Act already provides scope for giving loan to
community.

Dr. [Link] expressed the opinion that village community was not demanding land records.

Dr. Pravin Jha pointed out the fact that there should have been representative from Village
council/District council to express their views at the workshop.

Sri Rupak Majumdar said that State should take steps to facilitate the survey process and for this
there was a need to generate awareness among the people.

Dr. N. Upadhyay observed that paper works and formalities were deterring people from
approaching banks for seeking formal credit. Thus the penetration of formal banking system and
subsequent flow of formal credit to NER is relatively low compared to rest of India.

Sri Rupak Majumdar commented that SHG model was adopted from the south and might not be
appropriate for North-East. People are getting fragmented. Traditional arrangements were much
better.

Sri Vivek Vyas expressed the opinion that disagreement should also be documented. There is a
need to safeguard the land-use pattern. State need not tamper with prevailing customs and traditions
but at the same time should keep land records which should be very useful for the generations
coming next.

TECHNICAL SESSION III: Role of Local Governments (Village Panchayats and Village
Councils) in Land Management with Special Reference to Community and Jhoom Cultivation

This session was chaired by Sri B.K. Sinha, D-G, NIRD.

In his introductory remarks Sri Sinha observed that survey and settlement requirement should be
demand driven. It is possible to complete survey operation within a specified period of time. Also
technological help might be sought for keeping land records. Community right should be allowed to
continue. He emphasized the need to train the village youths who could conduct the survey and
maintain records. Village Council should have the authority to decide about the owner of land and
should keep the record of rights.

Representative from Meghalaya talked about two categories of land – government owned and
community owned. There are intra-state differences regarding land ownership and management
(Garo/Khasi/Jaintia). Percentage of people who would prefer individual deed would come to around

285
20 per cent. Survey would minimize litigation and conflict. No record exists presently but
arrangements are based on understanding only. Land conflicts are on the increase.

Representative from Arunachal Pradesh revealed that State did not have revenue survey record.
There is administrative demarcation. Both government land and private land exist. No well-defined
demarcation is there but arrangement is based on natural boundary. Government acquired lands are
being allocated to needy persons. State is trying to conduct cadastral survey but lack of fund is the
major problem. There is individual land but no records are available. Land Possession Certificate
(LPC) is being issued after following a procedure. But the procedure is long-drawn. To facilitate
land management, State has enacted Arunachal Pradesh Land Settlement Act 2000.

Representative from Nagaland commented that land primarily belonged to the people. Survey is
done only for the government acquired land. Cadastral survey have already been done and
computerized. Objective is to survey all villages. But there is discrepancy regarding maps drawn
from cadastral survey. Revision of cadastral survey is required to weed out these discrepancies. Out
of 11 districts, cadastral survey has been conducted in four districts. In another four districts it is
continuing at present and the survey is yet to be started in three districts. Records are being
maintained by the government authorities. Base-map is being used as topo-sheet is too narrow.
People are co-operative; they want to have land record. But government is not able to do this
because of lack of fund.

Representative from Mizoram observed that most of the land belonged to government. Revenue
from land is an important source government revenue. 10 per cent of the total lands were covered
under cadastral survey. State proposes to establish a survey training institute. No consultation with
the people has taken place with regards to necessity of conducting the survey. Also, as most of the
lands belong to government, villagers are not in a position to express their opinion on this particular
issue. Also government allocates land for homestead purpose in exchange of compensation.

Dr. B.D. Sharma made the observation that in Mizoram there was massive resettlement. In recent
times, some of these people are again going back to their original villages. Mizoram presents a
different situation.

Dr. Holoi, associate professor with the NIRD-NERC, observed that situation in Mizoram was
relatively better than other States.

Dr. B.D. Sharma emphasized the fact that land should belong to community and not to the State.

Principal Secretary to Assam reiterated the need to conduct detailed land survey.
Dr. B.D. Sharma pointed out that objective of the State should be to help the community to have
their land records in place.
Sri Rupak Majumdar observed that regarding plain areas of Assam, there should be a time-bound
programme for carrying out detailed land survey. A project type approach should be undertaken.
Registration and computerization of land records are urgently needed. Char area could not have
surveyed because of lack of money.

Sri Rupak Majumdar further talked about dearth of trained manpower to carry out survey operation.
Need to develop a chain of training institutes all over the State. There should be licensed surveyors.

286
Principal Secretary, Government of Assam, observed that revenue expenditure was not part of the
plan expenditure. Because of this, Revenue Department could not work properly. It could not
outsource activity or seek expert advice from outside because of lack of fund.
Representative from Manipur said that they needed technical support from outside agencies
regarding land management.
CONCLUDING SESSION:
Three rappoteurs’ presented their report. Special comments were made by Dr. R.C. Verma and Sri
Ramesh Sharma. R.C. Verma talked about the diversity of the region. Sri Ramesh Sharma raised
few ecological issues. He highlighted issues related to diversion of forest land, indiscriminate
building of dams particularly in Arunachal Pradesh, lack of any mining policy, unplanned extension
of city areas, gaps in manpower in labour administration.

Concluding remarks were made by Dr. B.D. Sharma and Sri B.K. Sinha.

Dr. N. Upadhyay gave the vote of thanks.

287
ANNEXURE – H
Land Reforms under the Five Year Plans

 Since the First Five Year Plan in 1951, considerable emphasis had been laid on the need of land reforms as it
was recognized that three-fourth of the population was dependent on agriculture for their income and the sector
provided 49% of the National Income.
 To accomplish the above ideals, strategies were drawn for abolishing all intermediary interests between the
state and the tiller of the soil, regulating rent, conferring rights on tenants, security of tenure, and, eventually,
ownership rights, imposing ceiling on agricultural holdings, distributing surplus land among the landless
agricultural labourers and small peasants and bringing about the consolidation of landholdings. 55
 During the first twenty-seven years of Five Year Plan, the Congress ruled at the Center without any
interruption, and only in Kerala and West Bengal, there were non-Congress governments. Reviewing this first
phase where land reform enjoyed a place of pride in the agenda of the government, most of the claims made by
the government about accomplishment of the basic items under the land reforms stood contradiction to its own
findings.
 To begin with, in 1960-61, 52 % of the rural population was below the poverty line, whereas in 1967-68, 70%
of the population was found to be below the poverty line. 56 This was also substantiated by the estimate of
Reserve Bank of India which showed 70% of India’s rural population with an income of less than Rs 20 per
month.57
 In the First Five Year plan, the state pronounced the policy of abolishing the intermediaries and regularizing
the tenancies. At this point, Right to Property was guaranteed as a Constitutional right, and therefore all the
landlords affected by ceiling legislation challenged the ceiling laws in High court and Supreme Court under
article (14), (19) and (31). Thus, a substantial impediment to land redistribution was found to be in
contradiction within the legislature and the judiciary and at that point, a substantial amount of land in this
course entered into litigation. Though, after this an amendment scraped this fundamental right and technically
removed this impediment.
 In the Second Five Year Plan, though the abolition of the intermediaries and regularizing of tenancies was
provided for, there was little advance in its position on ceilings. The state government was instructed to fix the
ceiling, three times the size of a family holding, but to fix it on the basis of the family or the individual was left
to the discretion of the state government.58
 The Third Plan made no new proposals but maintained the position stated in the Second Five Year Plan. It was
not before the Fourth Five Year Plan, that the government took a clear stand on the issue of Land Reform. This
happened after an intense agrarian unrest gripped almost all the states between the periods of 1967-1971, with
economic hardship aggravating due to price rise, unemployment further added to socio-economic disparity and
mounting asset poverty.
 The Fourth Plan admitted to the fact that there had been a huge gap between objectives, legislation and laws,
and their implementation. But at the same time, it again resorted to claims that with this plan, land
redistribution would turn into a reality in all the villages and cities of India. In between this loud talk of land
reform, the Chief Ministers meeting in Delhi, then the meeting of the Congress state presidents in Delhi, 1970,
did not devise any economic strategy to bring about a mechanism to affect the measures but devised measures
in order to bypass them.
 The Congress Working Committee which had appointed a nine-member committee to look into the matter
against its recommendation of calculating ceiling limit from 26th September, 1970, placed the cut off at 24
January, 1972. This gave enough time to landlords to dispose of their surplus land in different ways. Further,
as state governments were to enact this legislature by 31 December, 1972, many state governments did not
follow as it was a party directive only.59

55
Planning Commission, Fifth Five rear Plan, 1974-79, A Draft Outline, p 42.
56
P D Ojha, Configuration of Indian Poverty-Inequality and Level of Living, in
Challengoef Povertyin India,A J Fonseca (ed.) Vikas Publications,1 971, p 42
57
All India Kisan Sabha, Agrarian Crisis in India and Tasks of Peasant Movement,
Documents of the 22nd Conference, 1-14 April, 1974, p 94
58
Planning Commission, Second Five rear Plan, 1956-61, pp 195-196.
59
V.S. Koshy, Land Reforms in India under the Plans, Social Scientist, Vol. 2, No.12, (Jul, 1974), pp. 43-61

288
ANNEXURE -I

Revenue Ministers Conference of 1992

Agenda Item No.1

ABOLITION OF INTERMEDIARIES TENURES
a. Present status of abolition of various intermediary tenures in each states, pending litigation in respect
to abolition and taking over estates, settlement of taken over Estates, residual work pending in
respect of payments of compensation and settlement of lands after abolition of land and taking over,
preparation of records of rights in taken over areas of action taken/follow up of the recommendations
of the Revenue Ministers conferences of May 1985 and November 1986.
b. A time bound plan of action for pending abolition of the existing intermediary tenures and
completion of all pending work in those states where work remains to be done.

Agenda Item No. 2

TENANCY REFORMS
a. Review of progress in respect of Legislative and Administrative measures taken
by states regarding:

i) Abolition/Regulation of tenancy
ii) Conferring of rights on tenants and share-croppers; (No. of persons benefited so far).
iii) Conferring of ownership rights on protected tenants and other categories of tenants; (No. of tenants
benefited so far and area covered)
iv) Bringing on record oral and insecure tenants and share-croppers and conferring rights of protection
from eviction to them; (No. of persons brought on record and area covered)
b. Review of tenancy laws with a view to regulate and make more stringent provisions on
resumption, surrenders of tenancy rights;
i) No. of land owners who resumed land for personal cultivation, area and No. of tenants affected.
ii) Total of tenants who surrendered their tenancy rights
c. Reviews of exemptions granted under tenancy laws;
d. Steps taken for stricter definition of personal cultivation.
e. Area wise problems of inverse or reverse tenancies in the state? If so, the magnitude of it. Any steps
taken to deal with it
f. Review of following up action taken of the recommendation of the Revenue Ministers conference.
g. Fixation of targets under 20-points programme specific and factual information should be furnished
in respect to the point above.

Agenda Item No. 3

CEILING ON LAND HOLDINGS
a. Progress of implementation of ceiling laws with particular reference to
i) areas declared surplus and reasons why this area is far less as compared to area of land estimated as
surplus on the basis of National surveys
ii) legal and administrative measures taken to detect evasion of ceiling laws
b. Progress of taking possession over surplus land and its distribution to landless poor. Priority in terms
of assignment of land and tenure of assignment
c. Measures taken to ensure that assignees/allottees of land are given prompt and effective possession
of their land. What arrangements have been made to restore possession in respect of dispossession of
allottees?
d. Legal and administrative measures taken for reducing pending litigation and disposal of cases in
courts at different levels
e. Measures taken to
i) tighten ceiling laws to have more area for distribution
ii) plugging loopholes in the laws and strengthen administrative arrangements for implementation.

289
f. Review of follow up action taken on the recommendation of Revenue Ministers Conference
regarding definition of Family; separate shares to major sons, exemptions from ceiling limits, inter
se priority to allottees of ceiling surplus land, extension of ceiling limits to areas under new
irrigation protections, not reserving of ceiling surplus land for public purposes, measures to put
surplus land unfit for cultivation to productive use, issue of joint-pattas to assignee and his/her
spouse.

Agenda Item No. 4

CONSOLIDATION OF LAND HOLDINGS
a. review of progress of consolidation of holdings
i) area covered by consolidation
ii) area where consolidation plan completed but not enforced-Reasons
iii) area where consolidation plan was abandoned after finalization-Reasons
b. Steps taken for compulsory consolidation in States where consolidation is done on a voluntary basis.
c. Legislative and administrative measures taken for expediting consolidation process. Have priority
areas for future consolidation being determined? Problems in speedy execution of consolidation
work.
d. Specific steps taken for protection of interests of tenants and share-croppers as well as small and
marginal landholders during consolidation.
e. Measures taken for expeditious disposal of cases arising from consolidation operations.
f. Use of computer techniques for preparing consolidation plans.
g. Steps taken for prevention of fragmentation of landholdings.
h. Review of action taken on the consensus of Revenue Ministers Conference

Agenda Item No. 5

STRENGTHENING OF REVENUE ADMINISTRATION AND UPDATING OF LAND RECORDS
1. Present status of land records in each state; work completed; work remaining; plan of action for
completing the work; financial estimates along with time required for completing the work.
2. Measures required to expedite survey and settlement operations; preparation, maintenance and
updating of land records;
3. States which do not have a land record system legislative and administrative steps taken to have land
records system; codification of customary law, etc.
4. Steps taken to revitalize the revenue administration system.
i) training of revenue and survey staff;
ii) provision of modern technical and other equipments to the staff;
iii) increasing mobility of field level personal
iv) induction of new technology and provision of infrastructure facilities to the field level stuff;
v) adoption of new techniques in survey, preparation, maintenance, updating of land records, storage of
records/documents, dissemination of information contained in records; computerization of land
records
vi) other measures considered necessary for strengthening revenue and land records administration areas
in which assistance needed; area of interstate cooperation
vii) review of progress of patta-passbook scheme difficulties being encountered.

Agenda Item No. 6

TRIBAL LAND ALIENATION AND RESTORATION OF ALIENATED LAND
a. Review of adequacy of legal and administrative measures for prevention of alienation of tribal land
and its restoration; review of court judgments and their impact on validity of legal provisions.
b. Action taken for lightening legal and administrative measures for effective implementation of the
protective provisions.

290
c. Specific steps taken to involve customary tribal institutions, organizing awareness camps; providing
legal and for promoting organisations of tribal beneficiaries.
d. Steps taken to strengthen the administrative, law and order and justice machinery for detection of
alienation cases and restoration of tribal lands;
e. Supportive economic and social measures taken to check tribal land alienation schemes under which
assistance provided to tribals and no. of beneficiaries covered
f. Fixation of specific targets for restoration under 20 point programmes.
g. Steps taken to implement recommendations of B.K. Roy Bhurman Committee

Agenda Item No. 7

IMPLEMENTATION OF PROGRAMME OF DISTRIBUTION OF GOVERNMENT WASTELAND
AND BHOODAN LANDS
a. Extension of the Centrally sponsored scheme to cover future scheduled castes and scheduled tribes
allottees of these lands.
b. Preparation of projects under various rural development programmes for the benefits of these
assignees; e.g NREP/RLGEP etc
c. Fixation of targets under 20 point programme.
d. Timely reporting of progress to Government of India

Agenda Item No. 8

REVIEW OF THE SCHEME OF TREE-PATTA
Present status of implementation of tree-patta scheme, measures taken by the
States to grant tree-pattas, problems and difficulties involved in implementation of the scheme. No. of
beneficiaries and areas covered.

Agenda Item No. 9

HOMESTEADS ACT
Review of existing legal measures for conferment of rights of occupation of homesteads; no. of pending
cases, no. of persons without homestead allotted out of a total No. of those allotted, no. of persons provided
assistance for construction of house or given a house under different schemes.
Measures required implementing these measures more effectively.

Agenda Item No. 10

ANALYSIS OF AGRICULTURAL CENSUS DATA REVIEW OF FACTORS RESPONSIBLE FOR
1. Skewed distribution of land holdings
1. A large percentage of large holdings being kept unutilized for productivity purposes as revealed by
the census data
2. Steps taken for prohibiting landholders from keeper their agricultural lands fallow or unutilized

Agenda Item No. 11

REVIEW OF PROGRAMMES FOR RELIEF AGAINST INDEBTNESS
a. Progress recorded in disposal of cases under;
i) Money lenders Act-Total No. of cases registered and disposed off.
ii) Debt redemption Act-reasons for pending. No. of beneficiaries covered.
b. Steps taken to improve the implementation of these measures
c. Arrangements for providing alternative sources of credit-particularly consumption credit of rural
poor

Agenda Item No. 12

Review of speculative transactions resorted to by land-grabbers in the periphery of urban areas and its
impact on conversion of agricultural land for non-agricultural purposes-Areas in which policy interventions
are required.

Agenda Item No. 13

ACCESS TO COMMON PROPERTY RESOURCES

291
Existing position of common property resources like common lands, Gram sabha land etc., extent of its
availability for common use and its present status. Information about the extent of these lands under
encroachment pendency and stage of litigation in respect of these cases; Area taken up for afforestation
under social forestry; Area settled/allotted to private individuals.

Agenda Item No. 14

LAND USE POLICIES AND THEIR IMPACT ON LAND TENURE
a. Policy regarding land use under land colonisation schemes and its impact on traditional rights of
communalities settled earlier, conferment of various rights on colonists, type of rights (permanent or
temporary) conferred and type of tenure system adopted in respect of their settlement.
b. Extent of conversion of agriculture land into forest land as a result of agro-forestry and its effect on
tenants/share-croppers.
c. Review of progress in conversion of forests villages into revenue villages, problems encountered, if
any and measures for effective implementation.
d. Progress of demarcation of plots in shifting cultivation area. Measures taken for recording rights of
shifting cultivators
e. Magnitude of the claim of the tribals on forest land which have remained unsettled so far,
particularly,
1. Agricultural land.
2. Homestead land.

Agenda Item No. 15

REORIENTATION OF ADMINISTRATIVE MACHINERY
Review of measures taken for suitable re-orientation of Revenue and law and order machinery towards
implementation of land reforms measures.

Agenda Item No. 16

ORGANISATION OF BENEFICIARIES
Action taken for creation of awareness among beneficiaries of land. Reforms and for organizing and
associating organisation of Rural poor with implementation of Land Reforms;

Agenda Item No. 17

ADMINISTRATIVE REFORMS
a. Steps taken for quick and speedy resolution of disputes and curtailment of excessive litigation
simplification and rationalization of laws; review of action taken in reducing the no. of laws and
removing the redundant provisions in them.
b. Review of action taken for disposal of mutation cases achievement made so
far, No. of cases still pending disposal and action plan for their disposal.
Setting up computerized MIS for Land Reforms and submission of monthly
Information for Land Reforms bulletin

Agenda Item No. 18

LAND ACQUISITION
a. Progress made in amending various state enactments so as to bring them in
conformity with the Land Acquisition Act;
b. Steps taken in cutting delays in disposal of cases and payment of prompt
compensation to those affected by land acquisition formalities particularly
tribal and weaker sections are involved;
c. Specific problems encountered in land acquisition proceedings, particularly
in initiating acquisition proceedings quickly, passing of awards, determining
value of land, litigation in courts, changing f income tax on interest as well as
compensation amount and measures required to be taken in this regard.

Agenda Item No. 19

Effective Monitoring of land Reforms and implementation by States at

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Districts and State level. Strengthening the monitoring mechanism through
Computerization.

Agenda Item No. 20

Periodic evaluation of implementation of various land reforms measures
through computerization evolving an agreed mechanism

Agenda Item No. 21

Future strategies and areas of thrusts in land reforms for the 8th Plan60

60
Harkishan Singh Surjeet Land Reforms in India, Promises and Performance, APPENDIX VI

293
ANNEXURE – J

Recommendations made by the Sub-Group formed after the Revenue Ministers Conference
of 1992

 Tribunals under Article 323-B should be set up to take up land ceiling cases and such other revenue
and land reforms matters as may be decided by each state.
 The primary objective of setting up of such Tribunals shall be quick disposal of pending court cases
and barring the jurisdiction of the High Court. Appeals in such cases should only lie with the
Supreme Court. If necessary, the views of the Attorney General may be obtained by the Ministry of
Rural Development, Govt. of India. Till such Tribunals are set up, the High Court should be
requested to earmark specific benches for hearing land ceiling cases. After disposal of cases by the
High Courts, the parties sometimes approach the High Courts so that suitable instructions are issued
to the lower courts to dissuade them from entertaining such plaints.
 The states may also examine whether the ceiling laws should be suitably amended so as to provide
that the Court should not entertain title suits involving ceiling surplus lands, if the Question of title
had not been raised at the time of hearing the cases under ceiling laws.
 At the end of first appeal proceedings, when the land holder is due to surrender the land held as
surplus, such land shall, notwithstanding any further litigation, be only allotted on annual basis of
eligible landless poor. If the landholder succeeds in his appeal the land will be returned to him. All
states should amend the law to provide for such procedure.
 The present status of non-agricultural lands should be reviewed so that the lands presently used for
agricultural purpose are identified and distributed to the eligible beneficiaries.
 Regarding the issue of reduction of ceiling limits the Sub-committee felt that the emphasis at present
should primarily be on the effective implementation of the present ceiling laws
 Blanket exemptions to religious and charitable institutions, from ceiling provisions should not be
granted. The State governments should review such exemptions which are already given. They may
also consider whether the exemptions should be discontinued.
 The Centrally sponsored scheme for assistance to assignees of vested lands in order to make it
cultivable, should continue as a Centrally Sponsored Scheme with necessary modifications of the
guidelines to provide for full Central assistance and also enhance the scale of assistance of Rs 5000
per Hectare
 As regards allowing separate units major sons, the States may review the position consistent with the
local conditions.
 Amendment of ceiling provisions to make them easy for implementation should be considered by
the state governments. Also, penal provisions for non-submission of returns on ceiling surplus
holdings should be introduced and at the same time made more stringent.
 Time limit should be stipulated in the law for filing of show cause etc., after which the right to make
pleadings will stand forfeited by default.
 The state governments should amend the law to enable the Collector/Revenue officials to restore
possession over the ceiling surplus land wherever the allottee is found displaced, through summary
proceedings
 A review of land holdings in areas where additional area have been brought under public irrigation
on a substantial scale should be undertaken.
 The ceiling returns must be scrutinized afresh. If a scrutiny is undertaken in respect of land holders
who have not filed returns large tracks of surplus land can be discovered.
 A survey in respect of Benami and Farzi transactions should be carried out.
 There should be co ordination between the Revenue Deptt., other departments, voluntary
organisations, gram Panchayats etc while undertaking the drive for identification of ceiling surplus
lands.
 Reclassification of land in irrigated areas should be undertaken so that ceiling applicable to the
higher classes of lands are applied to them.
 A system of rewards should be instituted for information leading to unearthing of concealed ceiling
surplus lands.

294
 The officials performing creditably in discovery and vesting of ceiling surplus land should be
adequately rewarded.
 Computerization of land records should be resorted to for building updated data bases for facilitating
detection of causes where the ceiling laws have been evaded.
 There should be a policy decision on sharing of cost on computerization of land records and maps
with Government of India, bearing the cost of the hardware and training of human resources.
 The surplus land should be allotted to SC/ST agricultural labourers of the same village. Where
eligible persons for the above category are not available allotment will be made to such persons of
adjoining villages. Where no eligible SC/ST beneficiaries are available even in adjoining villages
allotment may be made with the rural poor from other social groups. The land allotted should be
inalienable, non-transferable and heritable.
 At least 40% of the distribution should be made in the name of female members and the remaining
jointly in the name of husband and wife. The ceiling surplus land already distributed should be
converted into joint pattas in the name of husband and wife.
 The position of land reserved for public purposes, measuring nearly 3.3 lac acres, should be
reviewed and the land allotted to the landless.
 Allotment of surplus land should be made on a permanent basis
 Where land has been found unit for cultivation it should be allotted to the landless poor for social
forestry, horticulture, floriculture and such other purposes as may be locally suitable.
 Possession of vested ceiling surplus land should be taken over after proper verification of the plots
with adequate publicity in the presence of a senior revenue official
 Simultaneous with the issue of patta, necessary changes in the record of rights should be made.
 A survey of land distribution so far made should be undertaken to find out whether any of the
allottees has been dispossessed. Restoration of the possession should be immediately undertaken.
 With respect to Bhoodan issue, the original Bhoodan donation was done 25-30 years ago. Many of
the records of donation were not available. Many heirs of original donees had challenged such
donations. In many cases although land was recorded as Bhoodan the possession could not be taken
over. In some states there are no records of gramdan lands, residents being denied assistance under
other government programmes as a result. All these problems need to be dealt with by the State
governments by taking necessary remedial actions.

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295
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