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Urban Land Management: Role of e-Governance in Public Land Management

Urban Governance: Emerging Challenges. Urban Land Management: Role of e-Governance in Public Land Management. Shashikant Kumar Professor, School of Planning Bhaikaka Centre for Human Settlement, APIED VV Nagar. Contents. Land Management in India Nature of Revenue Records

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Urban Land Management: Role of e-Governance in Public Land Management

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  1. Urban Governance: Emerging Challenges Urban Land Management: Role of e-Governance in Public Land Management Shashikant Kumar Professor, School of Planning Bhaikaka Centre for Human Settlement, APIED VV Nagar

  2. Contents • Land Management in India • Nature of Revenue Records • Land in Urban Areas • Conflicts and Challenge for Development • NLRMP and NUIS • Final Questions/Challenges

  3. Land… • Land is the most valuable, imperishable possession from which people derive their economic independence, social status and a modest and permanent means of livelihood. • 60 per cent of the country’s population has right over only 5 per cent of country’s land; whereas 10 per cent of the population has control over 55 per cent of the land [NSSO-2003-04] • National Land Reform Policy talks about preparation of land use plan aggregated at the highest level, thus management of land for the distribution to landless/poor, restoration of aliniated land, ensuring homestead, tenancy rights of SC/ST, land rights for women and common property right. • Does this call for effective land management? Yes • This presentation is for starting a discussion on the challenges posed by us for effective urban land management…

  4. Land Management… The ‘e’ part of Governance • State Subject… • Updating and Survey [resurvey under NLRMP] • Land Record Transition [Manual-Computer-Digital-Virtual] • Regular up dation of land record [poor mutation and subdivision maps] • Land Management: Grass root to State • Rural to Urban [little sharing or segregation] • Government to Citizen – ‘e’ is ready for all.

  5. The Bombay Land Revenue Code 1879 • All lands belong to Government. • A person is a “occupant” of land if he is in legal possession of it. (“holder in actual possession of land…..”) • Occupant can transfer the land or bequeath it. • However under certain conditions, Govt. can prevent the transfer of land. (Section 69 of the BLR code 1879)

  6. The Bombay Land Revenue Code 1879 • Restrictions on transfer. For eg. Under Section 73 AA A tribal is not permitted to transfer his land except with the prior permission of the collector. • Under Section 69, all mines and Minerals are the property of Govt.

  7. The Bombay Land Revenue Code 1879 • Section 37(1) of BLR Code 1879: All public roads,lanes, paths,…lands, rivers, lakes,…..bed of the sea…which are not the property of individuals….Are….the property of Govt. • Section 37(2) of BLR Code 1879: Resolution of disputes • Sections 38, 39 & 39A: Protection of common property, eg Gaucher lands

  8. Nature of Revenue Records

  9. Cadastral Survey • Derived from Latin “Cadastre” meaning registry of land. • Definition: Survey to determine and define land ownership and boundaries”

  10. Importance of Revenue Records • Defines and determines ownership of land, tenancies, heir ships, titles. • Defines crops grown • Defines Public spaces: roads, grazing grounds, nallahs, forests • Essential for land use planning

  11. The Village Records The Village: Fundamental unit of administration. • Talati: The custodian of village land records • The fundamental building block of British Empire. • “The Manual of Revenue Accounts of the Village, Taluka and Districts of Gujarat State” by F.G.Hartnell Anderson M.A. ICS (1st Jan 1929)

  12. Evolution of Village Forms • 1825 onwards • 1895: 42 Forms reduced to 34 Village Forms. • Further Reduced to 18 Village Forms

  13. 18 Village Forms • VF 1: Aakar bandh. List of all lands in the village. Survey numberwise, Area, occupancy roads, easement rights. • VF 2: N.A and Special Uses Register. Maintained in 3 parts. 1. Lands outside S.nos. 2. Land in temporary NA use. 3. Lands granted revenue free for special use. • VF 3: Register of Inami Land. Land given by Govt for various purposes. Total of seven (now six) uses. Eg. Devastan Lands. • VF 4: Miscellaneous Revenue. Levies for use of land for less than five years. • VF 5: General Abstract of Area and Revenue. (Tharavbund) Total ‘demand’ of Land Revenue of village

  14. 18 Village Forms (Contd) • VF 6: Record of Rights. Heirship, Partition, Sale, Other rights. Any Changes: Notice under Section 135D is necessary. Has to be updated constantly.Duty of every citizen to reprt acquisition of rights. • VF 7/12: Combination of VF 7 and 12.

  15. Village Form VII-XII • VF XII: • Year • Name of cultivator • Season • Type of crop and Area • Source of Irrigation • Details of trees • VF VII: • Popular name of field • Survey number • Area • Type of occupancy • Name of occupant • Other Rights • Area cultivable/fallow • Pot Kharaba • Levy Combination of VF VII ( Diary of Mutations) and VF XII ( Record of Crops and Tenancies)

  16. 18 Village Forms (Contd) • VF 8A: The Khatawahi. Holding Register, Khatawise. • Occupants name • Khata Number • Details of all survey nos. held. • Areas • Land Revenue All interlinked with VF 6 and XII-XII • VF 8B:Total ‘demand’ of Land revenue, Khataderwise.(Entirely based on VF 8A)

  17. 18 Village Forms (Contd) • VF 9: Receipt book of Collection of Govt. levies. To be given to each Khatedar in lieu of money collected. • VF 10: Register of Remittances to Taluka of Govt. levies.To be maintained in three copies. 1. Taluka Treasury 2. Taluka Office 3.To be retained in the village.

  18. 18 Village Forms (Contd) • VF 11: Arrears of Land revenue and Trial Balance Sheet of village. • VF 13: Tulwari. Total of all cropped land and fallow land and crops and areas. (Now generated by computer from appropriate columns of VF 12) • VF 14: Register of Births and Deaths: Birth days important for all Govt. purposes. Also critical for heirship rights.

  19. 18 Village Forms (Contd) • VF 15:Cattle Register • VF 16: Sources of Water Supply • VF 17: Inward Outward Correspondence • VF 18: List of Books, Manuals, Standing Orders

  20. ISSUES IN REVENUE RECORDS

  21. Poor Mutation and Subdivision record How Land use plans can be prepared without correcting the maps and associated records?

  22. A Case of Expressway records…(Anand District) Why Record cannot be updated even after 10 years of land being acquired and settled …? Tabular records are updated…facility updation takes years to be reflected on the cadastral survey sheets…

  23. Importance of Land Records… • Rural and Urban areas requires efficient land record management. • To determine potential land use.. • For Integrating local..district..state .. National plans..[land use and development] • Limit Land acquisition and minimize displacement

  24. Land in Urban Areas • Gujarat urbanisation – 42 percent (2011) • Land Area Occupied (80% to 1% of district) • Urban Land –Requires micro management • Land Use Plan – Stands on poor land records • No urban areas are surveyed mannually since its inception in totality

  25. Conflicts and Challenges

  26. E-Governance and Land Management • Conversion to Non-Agricultural Purpose. • Since 2004 computerized land records are accepted. [where is aggregation?] • Successful implementation of Computerisation of RoR (Record of Rights) program in State. • E-dhara (Computerisation of Land record) project in Gujarat received numerous awards for its 100 percent coverage. • Government to Citizen successful [without updating of land records at the village and taluka level] • Whether Government to Government land data management is feasible now? • How urban land and property record management would be different than the rural and agricultural land? • The Record of Rights and the spatial data of urban properties goes a long way in bringing a litigation free environment in the urban areas.

  27. Reform Approach… • Ministry of Rural Development recently published Draft National Land Reform Policy, July 2013 for discussion does not talk about land in urban areas or rural land affected by urbanisation. • Draft Land Titiling Bill (2011) • Titling: (i) A Record of Title over each of the immoveable properties in the notified area shall be prepared in the manner further provided in this Act. (ii) The Title Registration Officer will function under the supervision of the Authority (at the state/district/block level). • Draft Real Estate (Regulation and Development) Bill (2011) • Provision of Real Estate Regulatory Authority (Promoter/Allottee) • Does not mention the land regulation or management

  28. Need for Land Management • The spatial data so provided can be best utilized at the time of Elections, Census, by the department of Posts and Telegraphs, by the Railways, by Water supply and Sewage Boards and host of many other Developing Agencies and departments.  • For orderly growth of the city, a base map of a city is a must. • By detecting encroachment of Government properties, significant values of land are saved in favour of Government.  • It helps Municipal Administration in their endeavor of collecting local taxes.

  29. Need for… • Unauthorized construction on agricultural lands can be detected and huge sums can be realized by the Government by way of conversion fines.   • Legal advantage of the spatial and non-spatial data collected by the system of the City Survey cannot be underestimated as the maps and information contained have evidential value in the Courts of Law and the documents have presumptive value.  • It helps in defining and distinguishing good titles and eliminating the bad ones.

  30. National Land Record Modernisation Program (NLRMP) • Survey in the Urban Areas using TS-GPS method (Total Station & Global positioning System) • Updation of city survey and Urban Land records. • Present Status: Neglects the Urban Land and its characters, • More clarity on the cadastral parcel mapping. • Urban Land with built-up needs to have different methodology. • Not specified in the NLRMP (Guidelines and Technical Manual 2008-09) for City Survey Sheets

  31. Loss of ‘e’ in GovernanceWhat is needed? • At a minimum, cadastral, subdivision, and parcel maps should be compiled, along with a system for recording real property transactions and updating ownership records. • If property tax systems are to be used, additional mapped and transaction-based records are needed on property values, tax assessments, payments, and receipts. • In absence, large scale unregulated development has taken place in Gujarat (over 15 lakh) which can be regularized by paying fee Rs. 2000 to 12000 (upto 300 sq. mtr)..what has failed is land management for public purpose? • There is loss of public land under the unregulated properties (Road Margin, Common Plot, Side Margin, Parking, water bodies etc.)

  32. National Urban Information System • Creation of GIS Data base 1:10000 to 1:1000 scale. • GIS Framework as per NUIS standards • Methodology established in 2004-06 and projects are under progress in majority of states in India. • About 153 towns in country are to be covered under the scheme for National Urban Observatory. • Land Use data is one of the important component of the NUIS in addition to infrastructure and other 5 thematic areas.

  33. CADASTRAL ?? NUIS Methodology

  34. Where is revenue data and maps in this scheme?

  35. The base layer for Land Use is Cadastral or Revenue plot which cannot be made available at this scale…

  36. A New Approach…Under Discussion Challenge for Urban Land Management 2011 Onwards Land ! Minus e-governance Just Record Management

  37. Project Platinum (Draft Policy) • The Ministry of Urban Development therefore initiated “Project PLATINUM” (Partnership for Land Title Implementation for Urban Management). • A Land Titling Authority (LTA) to be constituted, which would undertake surveys of all lands and issue land titles after undertaking the required enquiries and maintain registers of titles issued. • The survey of land parcels is an essential prerequisite to the recognition and registration of title. • [National Guideline for Implementation of Guaranteed Title for Land and Property: Report of Working Group, India Urban Space Foundation, PDF Document, www.indiausp.org]

  38. Where…? • While the Framework Law would apply to all lands and properties, it recognizes that the challenges of implementation would vary in urban and rural areas and enables urban land titling to be implemented on a fast track basis. • For this purpose, flexibility is provided for notifying areas, either wholly urban, or part urban-part rural, to which the system of Guaranteed Land Title would apply.

  39. How? • Under the Framework Law, a separate Division for Survey, Settlement and Land Information System (SSLIS) is to be created within the Authority to undertake the task of mapping and surveying. • The direct responsibility of the survey department constituted under the Authority shall extend only to the determination of the boundaries and extents of land parcels.

  40. Ultimate Aim • LAND TITLING SYSTEM FOR SUSTAINABLE URBAN GROWTH AND DEVELOPMENT… • Clear title and records of land ownership and boundaries in the growing periphery of cities will dramatically improve the ability for planned urban growth and land transaction efficiency between the buyer and seller. • A reliable and current system of land title will enable a robust mechanism by which the collection of property tax, or betterment fees, or cesses can be administered.

  41. Final Questions / Challenges… • NLRMP – Should they be gathering or updating City Survey Records • NUIS- Should largest urban information system program acknowledge Cadastral mapping • PLATINUM- Should Land Titling would be enough to integrate the rural –urban land transition… • How do we than plan for urban areas without effective land information system?

  42. THANK YOU

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