Land Reforms
How land degradation is threatening Earth’s capacity to sustain humanity?
From UPSC perspective, the following things are important :
Mains level: Challenges related to land degradation;
Why in the News?
The UNCCD, a treaty addressing desertification and drought, partnered with Germany’s Potsdam Institute for Climate Impact Research to release an analysis ahead of COP16’s launch in Riyadh, Saudi Arabia.
What is Land Degradation?Land degradation is defined by the United Nations Convention to Combat Desertification (UNCCD) as the “reduction or loss of the biological or economic productivity and complexity of rainfed cropland, irrigated cropland, or range, pasture, forest and woodlands” due to various pressures, including land use and management practices. This phenomenon results in diminished soil quality and productivity, affecting both ecosystems and human livelihoods. |
Why is it a Matter of Concern?
Land degradation poses significant risks to both humans and ecosystems:
- Water Insecurity: Land degradation exacerbates water scarcity and reduces access to safe water, leading to a higher incidence of water- and food-borne diseases.
- The World Health Organization (WHO) reports that unsafe drinking water and inadequate sanitation lead to approximately 829,000 deaths per year from diarrheal diseases alone.
- Food Security: It reduces the quality and quantity of food production, increasing malnutrition risks.
- Health Risks: Degraded lands contribute to the spread of water- and food-borne diseases due to poor hygiene and lack of clean water. Respiratory issues can arise from soil erosion and dust.
- Environmental Impact: Eroded soil carries fertilizers and pesticides into water bodies, harming aquatic life and communities dependent on these resources.
- Climate Change: Healthy soils act as carbon sinks. Degradation leads to the release of stored carbon and nitrous oxide, exacerbating global warming. The report indicates that land ecosystems’ capacity to absorb human-caused carbon dioxide has decreased by 20% over the last decade.
What is Causing Land Degradation?
- Chemical Overuse: Excessive fertilisers and pesticides degrade soil; 50% of agricultural land suffers from nutrient depletion, salinisation, and waterlogging affecting 30% of irrigated lands globally.
- Soil Erosion: Unsustainable farming practices lead to the loss of 24 billion tons of fertile soil annually, reducing crop yields by up to 50% in some regions.
- Climate Change: Extreme weather events reduce global crop yields by 10%-50% by 2050; 12.6% of drylands were degraded between 1982-2015, affecting 213 million people.
- Urbanization: Rapid urban growth of 1 million hectares per year destroys habitats, reduces farmland, and increases runoff, exacerbating soil erosion and biodiversity loss.
- Deforestation and Overgrazing: 420 million hectares of forest lost since 1990; overgrazing degrades 34% of the global degraded area, weakening soil health and ecosystems.
Which Areas are the Worst Affected?
- Dry Regions: Areas such as South Asia, northern China, California (USA), and the Mediterranean are particularly vulnerable.
- Global Context: Approximately 15 million square kilometers of land are already degraded an area larger than Antarctica with an additional million square kilometers degrading each year. A third of humanity lives in drylands, which encompass three-quarters of Africa.
Way forward:
- Sustainable Land Management Practices: Promote eco-friendly agricultural methods, reforestation, and efficient irrigation to restore soil health, combat erosion, and improve water retention in degraded lands.
- Global Collaboration and Policy Implementation: Strengthen international frameworks like the UNCCD, allocate resources for affected regions, and adopt policies that integrate land restoration with climate resilience and biodiversity conservation.
Mains PYQ:
Q The process of desertification does not have climate boundaries. Justify with examples. (UPSC IAS/2020)
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Land Reforms
Why digitisation is not enough to reform land laws?
From UPSC perspective, the following things are important :
Mains level: Challenges related to land reform;
Why in the News?
India’s land governance system is a tangled web of laws that have significantly impeded the nation’s economic and social progress for many years.
What are the limitations of digitisation in land law reform?
- Failure to Address Legal Complexities: Digitisation alone does not resolve the underlying conflicts in land laws, such as unclear titles, insecure tenure, and legal ambiguities around land ownership and transfers.
- Outdated Records: Even digitised land records may remain outdated or inaccurate, undermining the reliability of property titles and failing to improve access to formal credit.
- Ineffectiveness in Fragmented Land Markets: Digitisation does not solve the issue of land fragmentation, which reduces agricultural productivity and hampers investment.
- Limited Impact on Tenancy and Leasing Laws: Digitisation does not address restrictions on land leasing or tenancy, leaving land markets inefficient and informal.
- Overreliance on Administrative Procedures: The complexities of legal and administrative frameworks still hinder land ownership, transfers, and use, despite digitisation efforts.
- Political Exemptions from Judicial Review: The exclusion of land laws from judicial scrutiny through the Ninth Schedule limits accountability and the ability to challenge unjust political or administrative actions.
How do socio-political factors influence the effectiveness of digitisation efforts?
- Political Resistance: Local and state-level political interests may resist changes to land laws that could undermine entrenched power structures or vested interests, impeding the effectiveness of digitisation efforts.
- Rent-Seeking Behavior: Complex land laws and administrative procedures encourage rent-seeking, making digitisation ineffective without legal reforms that simplify regulations.
- Cultural Norms and Gender Disparities: Socio-political dynamics, especially regarding gender and caste, influence land ownership patterns, limiting the impact of digitisation in addressing social inequalities.
- State Variability: Differences in state capacity, resources, and political will lead to uneven adoption and success of digitisation efforts across India.
- Lack of Integration in Subsidy Targeting: Social and political factors, such as inefficient targeting of subsidies (e.g., fertiliser subsidies not linked to land records), limit the impact of digitisation on equitable resource distribution.
- Exclusion from Judicial Review: The Ninth Schedule’s protection of land laws from judicial review allows political decisions to go unchallenged, reducing the long-term effectiveness of digitisation reforms.
What additional measures are necessary for effective land law reform? (Way forward)
- Comprehensive Legal Reforms: Overhaul conflicting land laws to ensure clarity, secure property titles, and strengthen property rights.
- Tenancy and Leasing Reforms: Modernise and liberalise tenancy laws to formalise leasing arrangements and reduce the risk of expropriation.
- Land Use Flexibility: Reforms allowing easier conversion of land use between agricultural, industrial, and residential sectors to ensure optimal land utilisation.
- Land Consolidation Policies: Facilitate land consolidation to improve agricultural productivity and attract investment by reducing fragmentation.
- Gender Equality in Land Ownership: Strengthen laws ensuring equal land and property rights for women, addressing gender-based inequalities in land ownership.
- Judicial Oversight: Allow land laws to be subject to judicial review, ensuring fairness and protecting against arbitrary political and administrative decisions.
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Land Reforms
Why Karnataka HC allowed investigation against CM Siddaramaiah in alleged MUDA scam case
From UPSC perspective, the following things are important :
Mains level: Land issues in Urban;
Why in the News?
On Monday, September 24, the Karnataka High Court permitted an investigation into Chief Minister Siddaramaiah in connection with the alleged Mysore Urban Development Authority (MUDA) scam.
What was the MUDA scam case?
- The Allegations: In July 2023, anti-corruption activists approached Karnataka Governor Thawarchand Gehlot, alleging that Chief Minister Siddaramaiah’s wife, Parvathi, received 14 housing sites from the Mysore Urban Development Authority (MUDA).
- This was allegedly in exchange for a 3.16-acre plot of land that MUDA illegally acquired in 2021, during the tenure of the BJP-led government. The scam allegedly caused a loss of ₹55.80 crore to the state.
- Governor’s Action: In response, the Governor issued a show-cause notice to Siddaramaiah and later sanctioned an investigation under the Prevention of Corruption Act, 1988 (PCA) and the Bharatiya Nyaya Sanhita, 2023.
What were the grounds for Siddaramaiah’s challenge?
- Council of Ministers’ Advice: The Chief Minister argued that the Governor was bound by the Council of Ministers’ August 1, 2023 resolution, advising withdrawal of the show-cause notice.
- Governor’s Discretion: Siddaramaiah contended that the Governor’s sanction was unjustified, biased, and exceeded his discretionary powers, which could only be invoked if the Council’s decision was irrational.
What did the court decide?
- The Karnataka High Court upheld the Governor’s sanction for the investigation, stating that the circumstances justified the Governor’s actions under “exceptional circumstances.”
- The court observed that the Governor’s decision was not made in haste but after careful consideration of the allegations and relevant facts.
- The court clarified that private individuals (complainants) can seek approval to investigate public officials under the Prevention of Corruption Act, and the Governor’s approval can be granted even in such cases.
- The court lifted the interim embargo on the investigation against Siddaramaiah, allowing the inquiry to continue into the alleged MUDA scam.
Conclusion: The Karnataka High Court upheld Governor Gehlot’s sanction for an investigation into the alleged MUDA scam, rejecting Siddaramaiah’s challenge. The court ruled that exceptional circumstances justified the Governor’s actions, allowing the inquiry to proceed.
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Land Reforms
Enemy Properties in India
From UPSC perspective, the following things are important :
Prelims level: Enemy Property Act, 1968
Why in the News?
The Union Home Affairs Ministry has notified the auction of land in Uttar Pradesh previously owned by the family of former Pakistan President Pervez Musharraf.
Enemy Properties in India
| Details | |
| Definition | Assets (movable and immovable) and properties of individuals or entities from countries at war with India, vested with CEPI. |
| History | Concept initiated after India-Pakistan wars (1965 & 1971) and the 1962 Sino-Indian war. |
| Legislation | Enemy Property Act, 1968; Enemy Property (Amendment and Validation) Act, 2017. |
| Custodian | Custodian of Enemy Property for India (CEPI), under the Ministry of Home Affairs. |
| Total such Properties | 12,611 enemy properties; 12,485 from Pakistani nationals, 126 from Chinese citizens. |
| States with Highest Properties | Uttar Pradesh (6,255), followed by West Bengal, Delhi, Goa, Maharashtra, and Telangana. |
| Movable Assets | Includes shares, gold, etc. Government has earned over ₹3,400 crore from the disposal of these assets. |
| Immovable Properties | No immovable enemy property has been sold so far. |
Significant Court Cases |
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| Raja of Mahmudabad Case (2005) | Supreme Court ruled in favor of the son of the Raja, allowing him to claim enemy properties. This led to multiple claims by heirs. |
| 2010 Ordinance | In response to the 2005 judgment, the government issued an ordinance to prevent the transfer of enemy properties to legal heirs. |
| 2016 Amendment & Ordinance | The 2016 Enemy Property (Amendment and Validation) Ordinance nullified previous court orders, ensuring enemy properties remain with the Custodian. |
PYQ:[2017] With reference to the ‘Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)’, consider the following statements: 1. A property transaction is not treated as a benami transaction if the owner of the property is not aware of the transaction. 2. Properties held benami are liable for confiscation by the Government. 3. The Act provides for three authorities for investigations but does not provide for any appellate mechanism. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only |
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Land Reforms
Geoportals for Enhanced Rural Land Records and Emergency Management
From UPSC perspective, the following things are important :
Prelims level: Bhuvan Panchayat; NDEM
Why in the News?
- The Union Ministry of Science and Technology launched two Geoportals: ‘Bhuvan Panchayat (Ver. 4.0)’ for rural land records and ‘National Database for Emergency Management (NDEM Ver. 5.0)’.
- These portals were developed by the Indian Space Research Organization (ISRO).
- These geospatial tools provide high-resolution satellite imagery of 1:10K scale for various locations across the country.
About Bhuvan Panchayat (Ver. 4.0)
- This portal supports “Space-based Information Support for Decentralized Planning (SISDP)”.
- It aims to empower citizens at the grassroots level by providing real-time land record data and reducing dependency on local administration and corruption.
- It promotes ease of living through digitalisation and better land revenue management.
- By providing real-time data accessible to citizens, it reduces opportunities for corruption at the local level.
- It enhances transparency and efficiency in land record management, aiding in effective governance and planning.
About National Database for Emergency Management (NDEM Ver. 5.0)
- This portal provides space-based inputs on natural disasters, aiding in disaster risk reduction in India and neighbouring countries.
- It establishes an effective early warning system to proactively prevent disasters and monitor land use changes.
- A command centre has been established to monitor situations and provide valuable inputs continuously.
- The portal is designed to assist not only India but also neighbouring countries in disaster management.
- It enhances coordination between various agencies and local authorities for effective disaster response and management.
PYQ:[2023] With reference to the Digital India Land Records Modernisation Programme, consider the following statements :
Which of the statements given above are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2, and 3 |
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Land Reforms
Why the Supreme Court allowed a review of its 2022 judgment on ‘Shamlat deh’ land rights
From UPSC perspective, the following things are important :
Prelims level: Land and Property rights in India;
Mains level: Judicial Interventions; Judicial Review;
Why in the News?
To protect the rights of village landowners in Haryana, the Supreme Court has permitted a review of a 2022 judgment by Justices Hemant Gupta and V Ramasubramanian that allowed gram panchayats to acquire ‘shamlat deh’ land.
Context:What is ‘Shamlat deh’?
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Bhagat Ram: Clarifying the Meaning of Land Acquisition under Article 31A:
- In 1967, a five-judge Bench reviewed a land consolidation scheme for the village of Dolike Sunderpur that reserved lands for common purposes and diverted the income to the panchayat.
- Landowners’ Argument: The scheme violated the second provision of Article 31A, which prevents acquiring land below the ceiling limit without compensation at market value.
- State’s Argument: The reservation for the panchayat was not land acquisition since the income would benefit the village.
- Ajit Singh v State of Punjab (1967): Distinguished land acquisition from modification or extinguishment of land rights.
- SC Decision: The panchayat was effectively acquiring land by reserving its income, making the state the beneficiary. The court ruled that the second provision of Article 31A applied. Punjab argued the acquisition predated the 17th amendment, but the SC noted the scheme’s implementation was stayed, hence possession and control had not been transferred.
Does Shamlat Land Belong to the Landowners or the Panchayat?
- In 2003, the Punjab and Haryana High Court reviewed a challenge to the 1992 amendment to the Punjab Act that vested control of ‘shamlat deh’ land in Haryana with the gram panchayat.
- Petitioners’ Argument: The Landowners however argued that the amendment did not allow panchayats to control the land for common purposes without compensation, violating Article 31A.
- High Court Decision: The court distinguished between land reserved for common purposes under the Consolidation Act (vested with the gram panchayat) and land contributed by proprietors but not reserved under the consolidation scheme (which could not vest with the panchayat without compensation).
- The decision relied on the SC’s Bhagat Ram ruling that acquiring land without compensation violates the second proviso of Article 31A.
SC Allows Review of 2022 Judgment:
- The 2022 Supreme Court decision by Justices Gupta and Ramasubramanian overruled the 2003 High Court decision, finding no need for compensation as Article 31 had been omitted. The court ruled that the panchayat merely managed the land on behalf of landholders and that control was vested in the panchayat upon assignment.
- Karnail Singh Review: Justices Gavai and Mehta reopened the challenge, noting the 2022 decision’s cursory reference to Bhagat Ram without addressing why the High Court’s reliance on it was wrong.
- The court found that ignoring a Constitution Bench decision was a manifest error, justifying a review.
- Recalled the 2022 SC decision: The 2022 decision was recalled, and the challenge to the 2003 High Court decision was set to be reheard, starting on August 7, 2024.
Way Forward:
- Need Comprehensive Judicial Reviews: Conduct detailed reviews of prior relevant judgments to provide clear, well-founded reasoning in court decisions.
- Need Clear Compensation Guidelines: Establish explicit guidelines for compensation in land acquisition cases, particularly those involving common land like ‘shamlat deh’, to protect landowners’ rights.
Mains PYQ:
Q The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has come into effect from Ist January 2014. What are the key issues which would get addressed with the Act in place? What implications would it have on industrialization and agriculture in India? (UPSC IAS/2014)
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Land Reforms
Supreme Court lays out 7 Sub-Rights of Right to Property
From UPSC perspective, the following things are important :
Prelims level: Article 300A, 44th Constitutional Amendment, Right to Property
Mains level: NA
Why in the news?
The Supreme Court’s ruling safeguards landowners from arbitrary government acquisition, emphasizing adherence to Article 300A, ensuring the constitutional right to property and sub-rights compliance.
Procedural Sub-Rights under Right to Property
These seven rights are foundational components of a law that is in tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge:
- Right to Notice: Individuals must be informed about the intention to acquire their property.
- Right to Be Heard: Affected individuals have the right to voice objections.
- Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
- Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
- Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
- Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
- Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.
Back2Basics: Right to Property in India
About Article 300A:
Current Legal Status
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Recent Judgment: Human Rights
- Case Background: The judgment supported a Calcutta High Court decision that dismissed an appeal by the Kolkata Municipal Corporation regarding the acquisition of private land.
- Court’s Order: The Corporation was ordered to compensate with ₹5 lakh for costs within 60 days.
- Human Rights Perspective: The right to property is not only protected as a constitutional right but has also been recognized as a human right by a “Bench of Justices P.S. Narasimha and Aravind Kumar”.
Legal Interpretations and Clarifications
- Justice Narasimha clarified that the phrase ‘authority of law’ in Article 300A extends beyond the state’s power of eminent domain.
- It necessitates a proper legal framework for property acquisition.
- The ruling underscored that mere possession of eminent domain power and the provision of compensation do not justify compulsory acquisition if due processes are not followed.
PYQ:[2021] What is the position of the Right to Property in India? (a) Legal right available to citizens only (b) Legal right available to any person (c) Fundamental Right available to citizens only (d) Neither Fundamental Right nor legal right |
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Land Reforms
An expansive land management policy is overdue
From UPSC perspective, the following things are important :
Prelims level: UN Convention to Combat Desertification
Mains level: Land management practices
Mains Pyq: Discuss the role of land reforms in agricultural development. Identify the factors that were responsible for the success of land reforms in India. (UPSC CSE 2016)
Prelims Pyq: With reference to land reforms in independent India, which one of the following statements is correct? (UPSC CSE 2019)
- The ceiling laws were aimed at family holdings and not individual holdings.
- The major aim of land reforms was providing agricultural land to all the landless.
- It resulted in cultivation of cash crops as a predominant form of cultivation.
- Land reforms permitted no exemptions to the ceiling limits.
Context:
Land is central to all human activities. It provides ecological, economic, social, and cultural services. But this multi-dimensional character of land is often overlooked in land management practices, resulting in excessive stress, land degradation, and environmental draw down.
What do various reports highlight about land degradation and management?
- Global Losses Due to Land Degradation: The annual losses of ecosystem services due to land degradation have been estimated at a staggering $6 trillion globally. This highlights the significant economic impact of neglecting land management.
- UN Convention to Combat Desertification (COP14): The COP14 held in New Delhi in 2019 focused on discussing the problem of land degradation experienced by different countries. It emphasized the need to achieve land degradation neutrality, indicating the urgency of addressing this issue on a global scale.
- Intergovernmental Panel on Climate Change (IPCC) Special Report: The IPCC’s special report on ‘Climate Change and Land’ in 2019 underscored the importance of country-level stocktaking of land management practices. It recommended near- and long-term actions aimed at reducing competition for land while maximizing co-benefits and minimizing negative impacts on key ecosystem services.
- Food and Agriculture Organization (FAO) Report: The FAO’s report titled ‘State of the World’s Land and Water Resources for Food and Agriculture: The System at Breaking Point’ in 2021 emphasized the urgent need to prioritize land, soil, and water management. It highlighted the neglected area of public policy and human welfare, stressing the importance of caring for the long-term future of land resources.
What are the challenges in land management in India?
- Limited Geographical Area, High Population Density: Despite having only 2.4% of the world’s geographical area, India accommodates more than 17% of the world population. This high population density exacerbates land management issues, increasing pressure on available land resources.
- Degraded Land: Approximately 30% of India’s total geographical area is degraded land. This degradation reduces agricultural productivity, diminishes ecosystem services, and contributes to environmental issues such as soil erosion and desertification.
- Competition for Arable Land: With around 55% of India’s total geographical area classified as arable land, there is intense competition among farmers and various sectors for access to agricultural land. This competition is further fueled by the demand for land due to rapid urbanization, infrastructure development, and industrial expansion.
- Urbanization and Infrastructure Development: Rapid urbanization and infrastructure development are leading to the conversion of agricultural land into urban areas, resulting in the loss of fertile land and natural habitats. This trend contributes to land use conflicts, escalating land prices, and changing land rights.
- Environmental Degradation and Loss of Ecological Functions: The encroachment on natural areas and degradation of land lead to the loss of ecological functions and biodiversity. This not only affects the livelihood opportunities of people dependent on environmental resources but also undermines the buffering capacity of natural ecosystems against disasters such as floods, droughts, and pollution.
- Climate Change Impacts: Climate change exacerbates land management challenges by altering precipitation patterns, increasing the frequency of extreme weather events, and contributing to temperature rise. These changes further stress land resources, exacerbating land degradation and impacting agricultural productivity.
What is the current status of land management in India?
- Sectoral Approach and Administrative Complexity: Land management practices in India are predominantly sectoral, with different government departments implementing their own approaches. This fragmented governance structure leads to administrative complexity and coordination challenges among various stakeholders involved in land management.
- State Government Jurisdiction: Land management falls under the purview of state governments in India. While this decentralization allows for localized decision-making, it can also lead to inconsistencies in policies and regulations across different regions.
- Privately Owned Cultural Land: A significant portion of land in India, particularly cultural land, is privately owned. Land-use decisions are constitutionally vested with the owner, which further complicates the regulatory framework and implementation of land management practices.
Status of Adoption and Implementation Land management practices:
- Knowledge Gaps: Limited understanding of sustainable land management practices and their implications.
- Short-Term Planning Bias: Emphasis on short-term gains over long-term sustainability in land-use planning.
- Fragmented Approach: Lack of coordination among government agencies and stakeholders, leading to disjointed efforts in land management.
- Lack of Action for Unforeseen Events: Inadequate preparedness and response mechanisms for unforeseen events such as natural disasters or climate change impacts.
- Regulatory Barriers: Complex regulatory frameworks and bureaucratic hurdles that impede effective land management initiatives.
What suggestions does this article give for addressing land management challenges in India?
- Establishment of Multi-Stakeholder Platforms: Setting up multi-stakeholder platforms at the district and sub-district levels to bring together farmers, land managers, policymakers, civil society organizations, business leaders, and investors. This collaborative approach aims to facilitate sectoral integration and collective decision-making in land management.
- Activation of District Planning Committees: Utilizing Article 243ZD (1) of the Constitution, which provides for district planning committees, to consolidate plans from panchayats and municipalities. These committees can be activated to prepare comprehensive land management plans covering both agricultural and non-agricultural sectors.
- Adoption of a Landscape Approach: Embracing a landscape approach to land management, which considers the interconnectedness of various land uses and ecosystems. This approach provides deep insights into the potential of land and facilitates the allocation and reallocation of land for appropriate uses. It also enables evaluation, negotiation, trade-offs, and decision-making processes.
- Integration of Climate-Smart Strategies: Incorporating climate-smart strategies into land management practices to address climate objectives, enhance agricultural production, improve local livelihoods, and promote the conservation of biodiversity. This entails implementing measures that mitigate climate change impacts and enhance resilience in land use planning and management.
Case study of netherland for value addition
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In conclusion, effective land management is paramount for sustainable development, global stability, and environmental resilience. By embracing integrated approaches, nature-based solutions, and community engagement, India can address its land management challenges and pave the way for a more sustainable future. It is imperative for policymakers to prioritize these strategies, fostering collaboration and adaptability to safeguard India’s landscapes for generations to come.
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Land Reforms
Unique Land Parcel Identification Number (ULPIN) to curb Land-Linked Illegal Activities
From UPSC perspective, the following things are important :
Prelims level: Unique Land Parcel Identification Number (UPLIN)
Mains level: Land records digitalization
Central Idea
- President Murmu emphasized the importance of implementing a Unique Land Parcel Identification Number (ULPIN).
What is ULPIN?
- ULPIN or Bhu-Aadhaar is a 14-digit Alpha–Numeric Unique ID for each land parcel.
- This is the next step in the Digital India Land Records Modernisation Programme (DILRMP) which began in 2008.
- The identification will be based on the longitude and latitude coordinates of the land parcel, and is dependent on detailed surveys and geo-referenced cadastral maps.
- ULPIN is generated using the Electronic Commerce Code Management Association (ECCMA) standards during the importing of the geo-referenced shape file into BhuNaksha, a cadastral mapping solution of NIC.
Digital India Land Records Modernisation Programme (DILRMP)
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Benefits of ULPIN
- Curbing malpractices: The implementation of ULPIN and digitization of land records can significantly reduce unethical and illegal activities related to land. The transparency brought about by digitization enhances accountability and curbs malpractices.
- Efficient Land Use: ULPIN will facilitate proper utilization of land parcels and aid in the formulation and implementation of new schemes.
- Linkage with E-Courts: Connecting E-Courts with land records and registration databases offers multiple benefits, including improved accessibility to information and streamlined legal processes related to land disputes.
- Indestructible documentation: Digitization of land records proves valuable in times of calamities such as floods and fires, as it helps in preventing loss of documents and expedites the recovery process.
Impacts on Development and Welfare
- Development Catalyst: By providing transparent and accessible land information, digitization supports informed decision-making and effective resource management.
- Proper Scheme Implementation: Linking land records with various government departments facilitates the efficient implementation of welfare schemes ex. PM Awas Yojana.
- Beneficiary targeting: Accurate and up-to-date land data helps identify beneficiaries and ensures the targeted delivery of benefits and services.
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Land Reforms
Law Commission Report on Adverse Possession
From UPSC perspective, the following things are important :
Prelims level: Hammurabi Code , Adverse Possession
Mains level: Not Much
Central Idea
- The recent report by the Law Commission on the law of adverse possession provides an overview of adverse possession, its historical origins, and its current provisions under the Limitation Act of 1963.
Adverse Possession
| DEFINITION | It refers to the hostile possession of property, which must be continuous, uninterrupted, and peaceful. |
| Historical Background | Historical roots dating back to the Hammurabi Code and developed through statutes of limitation in England.
The first attempt to introduce the law of limitation in India was through the “Act XIV of 1859,” regulating civil suits. |
| Provisions of the Limitation Act, 1963 | The burden of proof for adverse possession shifted to the claimant, who must show continuous possession for a specified period. |
| SC Recommendations for Changes in the Law | Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan and Others (2008) case: The SC criticized the law of adverse possession as irrational and placing a premium on dishonesty.
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| Recent Law Commission Report |
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| Dissenting Opinions and Criticisms |
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Land Reforms
[pib] CoE – SURVEI standardizes Drone images for land Survey
From UPSC perspective, the following things are important :
Prelims level: CoE-SURVEI
Mains level: Not Much
The Centre of Excellence on Satellite and Unmanned Remote Vehicle Initiative (CoE-SURVEI) has developed an Artificial Intelligence-based software which can automatically detect change on the ground, including unauthorised constructions and encroachments in a time series using satellite imagery.
CoE-SURVEI
- The CoE-SURVEI, established by Directorate General Defence Estates at National Institute of Defence Estates Management, leverages the latest technologies in survey viz. satellite imagery, drone imagery and geo-spatial tools for effective land management and urban planning.
- This change detection software has been developed by CoE-SURVEI in collaboration with knowledge partner Bhabha Atomic Research Centre (BARC), Visakhapatnam.
- Presently, the tool uses National Remote Sensing Centre (NRSC) Cartosat-3 imagery with trained software.
- The changes are detected by analysing satellite imagery of different time periods.
Where is it used?
- The application has been used by CoE in 62 Cantonments and a comparison has been done with the ground position in a recent period.
- The software facilitates better control of unauthorised activities, ensures accountability of field staff and helps in reducing corrupt practices.
- The CoE-SURVEI has also developed tools for vacant land analysis and 3D image analysis of hill cantonments
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Land Reforms
What is Kurki, and why is it a big issue in Punjab?
From UPSC perspective, the following things are important :
Prelims level: Kurki
Mains level: Not Much
A farmer in Punjab has committed suicide outside the office of the Muktsar DC against kurki orders for his land based on a court case filed against him by the local moneylender for defaulting on loan payment.
What is Kurki?
- Kurki means attachment of a farmer’s land, already pledged to the money lending institution or individual, in case of a loan default.
- Apart from banks, private moneylenders, commission agents also get these decrees against farmers from time to time.
How is kurki executed?
- Kurki orders are executed under Section 60 of Civil Procedure Code, 1908.
- The land which is pledged by the farmer to the bank or money lender gets registered in their name. In some cases, the land is auctioned as well.
- The process begins after the money lender moves court to get kurki orders in case the farmer is unable to pay back his loan.
- In kurki, attachment of farmer’s land as well as his tractor can be done as per the Section 60.
Was kurki not banned in Punjab?
- Both Akali Dal and Congress governments of the past have claimed to have banned kurki.
- Congress fought the 2017 Assembly polls on the slogan ‘karza kurki khatam, fasal di poori rakam’.
- Soon after winning polls in 2017, the then government abolished Section 67-A of Punjab Cooperative Societies Act that enabled cooperatives to recover unpaid loans through auctioning of land mortgaged by farmers.
- However, Section 63-B, 63-C of the Act were not dropped to prevent attachment of land.
- Former Punjab CM has also claimed that kurki was abolished by his government. Activists accuses governments of issuing vague orders on the matter.
Why has a total ban on the century-old kurki law not been achieved?
- A plea filed in the Punjab and Haryana High Court in 2018 sought complete ban on kurki.
- However, the Punjab government in its affidavit stated that there was no need to ban kurki as relief was being given to farmers in terms of loan waiver, compensation etc.
- Moreover, it stated that Section 60 of Civil Procedure Code, 1908 – under which kurki takes place — was over 110 years old and needed complete revision.
What is the ground reality?
- Farmers point out that they are made to give post-dated cheques for loan, which are then used to get arrest orders issued in cheque bounce cases.
- They have also accused money lenders of using pronotes signed by them to get kurki orders.
- “Pro-notes” (promissory notes) are written documents taken from farmers, and signed by them at the time of giving the loan.
- In April 2022, over 2,000 arrest warrants were issued against farmers for non-payment of loans to cooperative societies and Punjab agriculture development banks.
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Land Reforms
Political tussle over Podu Cultivation and Forest Lands in Telangana
From UPSC perspective, the following things are important :
Prelims level: Podu, Rythu Bandhu
Mains level: Shifting Cultivation prevalent in India
Activists have taken up the issue of Podu cultivation of adivasis and tribals in forest areas in Telangana.
What one means by Podu?
- Podu is a traditional system of cultivation used by tribes in India, whereby different areas of jungle forest are cleared by burning each year to provide land for crops.
- It is a form of shifting agriculture using slash-and-burn methods. The word comes from the Telugu language.
- Traditionally used on the hill-slopes of Andhra Pradesh, it is similar to the jhum method found in north-east India and the bewar system of Madhya Pradesh.
What is the ‘Podu’ Land Issue?
- The Telangana government had decided in 2021 to move landless, non-tribal farmers engaged in shifting cultivation inside forests to peripheral areas in an effort to combat deforestation.
- It ensured that all steps would be taken to ensure that forest land was not encroached upon.
- It is observed that podu progressively degrades large areas of the forest.
Shifting cultivation in India
This practice is known by different names in different regions of India: 1. Jhum in Assam, 2. Ponam in Kerala, 3. Podu in Andhra Pradesh and Odisha and 4. Bewar masha penda and Bera in various parts of Madhya Pradesh. |
What TS has to offer as alternative to Podu?
- To stop this deforestation, the government wants to move out cultivators from deep inside forests to the periphery by allotting them land for cultivation.
- Tribal farmers who have been traditionally cultivating for decades would not be affected by this drive against illegal encroachers.
- The land ownership titles have been given to tribals and more than 3 lakh acres have been allocated to tribal farmers state-wide.
And what about non-tribal farmers?
- These farmers can apply to the state government to allocate them land outside the forests.
- Those who are moved out of the forests would be given land ownership certificates, power and water supplies and Rythu Bandhu benefits.
Back2Basics: Rythu Bandhu
- Rythu Bandhu is a scheme under which the state government extends financial support to land-owning farmers at the beginning of the crop season through direct benefit transfer.
- The scheme aims to take care of the initial investment needs and do not fall into a debt trap.
- This in turn instills confidence in farmers, enhances productivity and income, and breaks the cycle of rural indebtedness.
DBT under the Scheme
- Each farmer gets Rs 5,000 per acre per crop season without any ceiling on the number of acres held.
- So, a farmer who owns two acres of land would receive Rs 20,000 a year, whereas a farmer who owns 10 acres would receive Rs 1 lakh a year from the government.
- The grant helps them cover the expenses on input requirements such as seeds, fertilizers, pesticides, and labor.
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Land Reforms
What is the REWARD Project?
From UPSC perspective, the following things are important :
Prelims level: REWARD Program
Mains level: Not Much
The GoI, the State Governments of Karnataka and Odisha, and the World Bank have signed a $115 million for the REWARD Project.
What is REWARD Program?
- REWARD stands for Rejuvenating Watersheds for Agricultural Resilience through Innovative Development.
- The project aims to help national and state institutions adopt improved watershed management practices to help increase farmers’ resilience to climate change, promote higher productivity and better incomes.
- REWARD is being implemented in three to four Indian States.
- It is proposed as a 6 years Project.
Objectives of the project
- The outcomes are prevention of soil run-off, regeneration of natural vegetation, rainwater harvesting, and recharging of the groundwater table.
- This enables multi-cropping and the introduction of diverse agro-based activities, which help to provide sustainable livelihoods to the people residing in the watershed area.
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Land Reforms
India to prepare digital maps of all villages
From UPSC perspective, the following things are important :
Prelims level: SVAMITVA Scheme
Mains level: Land records management
India plans to prepare digital maps of all its 6,00,000 villages and pan-India 3D maps will be prepared for 100 cities to mark a year of the updated geospatial policy guidelines under the SVAMITVA Scheme.
What is SVAMITVA Scheme?
- SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
- Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
- The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
- The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
- Property Cards will be prepared and given to the respective owners.
Broad Objectives
- Leveraging property as a financial asset by the citizens of rural India
- Creation of accurate land records for rural planning
- Provide an integrated property validation solution for rural India
- Serve as a means of reduction in property-related disputes. Facilitate with the determination of property tax
- Creation of survey infrastructure and GIS (Geographic Information System) maps that can be used by any department or agency
Features of the Scheme
- Accurate survey: SVAMITVA Scheme uses the combination of Survey Grade Drones and CORS network (Continuously Operated Reference Stations) to accurately survey large areas in a very short span of time.
- High resolution: The 1:500 scale maps generated through the drone survey are of very high accuracy i.e., 3-5 cms, which the conventional methodology does not provide.
- Geo-tagging: Moreover, editable and geo-tagged maps are produced at a fraction of the cost without the need for line-of-sight.
- Permanent records: These maps facilitate the creation of the most durable record of property holdings in areas with no legacy revenue records.
What are the updated guidelines?
- The updated guidelines help private companies to prepare a variety of maps without needing approvals from a host of ministries.
- They aim to make it easier to use drones and develop applications via location mapping.
- It encompasses the trinity of geospatial Systems, Drone Policy, and unlocked Space Sector will be the hallmark of India’s future economic progress.
Also read:
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Land Reforms
Agrarian reforms should go beyond meeting demands of the agitating farmers
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Land reforms
Context
The farmers’ agitation in India has attracted worldwide attention and support.
Story of land reforms in India
- Being a state subject, various states implemented reforms with varying degrees of effectiveness and equity.
- Objectives: The objectives were the same: Abolition of feudal landlordism, conferment of ownership on tenants, fixing land ceilings, distribution of surplus land, increasing agricultural productivity and production, etc.
- However, owing to manipulations in land records, much surplus land was not available for distribution among the landless tillers.
- Less than one per cent of the total land in the country was declared as surplus.
- The relevant criteria for land entitlement should have been employment and main source of income.
Change in social structure after land reforms
- The ex-tenants, after getting land made use of several programmes —Green Revolution technology, bank nationalisation and priority sector lending, urbanisation and expanding urban markets.
- They cornered a disproportionate share of various subsidies.
- The tenant-turned-capitalist farmers formed political parties, which produced strong state-level leaders, who controlled state-level planning, fiscal policies and politics.
- In place of a strong Centre and weak states, came a weak Centre and strong states.
- Rich farmers have formed strong power blocs, with unquestioned clout and bargaining power, not only in north-western India but also in states like Maharashtra.
Need for agrarian reforms
- Farmers are seeking legal safeguards against market fluctuations, especially against any downward pressure on agricultural prices.
- While they welcome every rise in prices, they demand legal protection against price falls, a legitimate stance.
- Even as agricultural prosperity must be promoted,it should not be just shared between farmers (especially rich ones) and urban consumers, but by all.
- Farm workers, in particular, must benefit from it.
Reforms for farmworkers
- Agricultural land should be pooled and equally distributed among farm households.
- Non-farm households should not be permitted to hold farmland.
- Land reforms should be a central subject; while agriculture can remain a state subject.
- Such a programme will empower and enrich marginalised and excluded individuals and social groups.
- It should be the kernel of a justiciable universal property right that must form an integral/inalienable part of Article 21 (Right to Life) of the Constitution.
Conclusion
The right to life is hollow without a right to livelihood. Through an effective land reforms programme, let’s build a prosperous India based on equity and justice.
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Land Reforms
[pib] India Industrial Land Bank (IILB)
From UPSC perspective, the following things are important :
Prelims level: India Industrial Land Bank (IILB)
Mains level: Not Much
The GIS Enabled Land Bank is gaining immense popularity.
Try to answer this question in short:
Q.Discuss the benefits of digitizing land records in India.
India Industrial Land Bank (IILB)
- The IILB is a GIS-based portal with all industrial infrastructure-related information such as connectivity, infra, natural resources and terrain, plot-level information on vacant plots, line of activity, and contact details.
- It was launched by the Ministry for Commerce and Industry in 2020.
- Currently, the IILB has approximately 4000 industrial parks mapped across an area of 5.5 lakh hectares of land, serving as a decision support system for investors scouting for land remotely.
- The system has been integrated with industry-based GIS systems of 17 states to have details on the portal updated on a real-time basis and will achieve pan-India integration by December 2021.
- In the previous quarter (Apr – Jun 2021) total users were 13,610 out of which 12,996 were unique users with total page views of approximately 1.3 lakh.
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Land Reforms
Model Tenancy Act 2019
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Model Tenancy Act
The Union Cabinet has approved the Model Tenancy Act (MTA) to be sent to the States and Union Territories to enact legislation or amend laws on rental properties.
Model Tenancy Act
- MTA is aimed at opening up of the vacant housing stock for rental housing purposes and helping bridge the trust deficit that exists between tenants and landlords by clearly delineating their obligations.
- The housing and urban affairs ministry had floated the draft model tenancy law in July 2019.
Major provisions of MTA
(1) Rent Court and Rent Tribunal:
- To ensure speedy redressal of disputes, the Act calls for establishing a separate Rent Court and Rent Tribunal in every state/UTs to hear appeals for matters connected to rental housing.
- Only the rent court and no civil court will have the jurisdiction to hear and decide the applications relating to disputes between landowner and tenant and matters connected with it.
- It calls for the disposal of complaints and appeals by the Rent Court and Rent Tribunals within 60 days.
(2) Tenancy Agreements:
- It also seeks to establish an independent authority in every state and Union Territory for the registration of tenancy agreements.
- Under the Act, unless otherwise agreed in the tenancy agreement, the landlord will be responsible for activities like structural repairs except those necessitated by damage caused by the tenant etc.
- On his part, a tenant will be responsible for drain cleaning, switches and socket repairs, kitchen fixtures repairs, replacement of glass panels in windows, doors and maintenance of gardens and open spaces, among others.
For residential and commercial properties
- The Act will apply to premises let out for residential, commercial or educational use, but not for industrial use. It also won’t cover hotels, lodging houses, inns, etc.
- This model law will be applied prospectively and will not affect existing tenancies.
- It seeks to cover both urban as well as rural areas.
- The Act says that a security deposit equal to a maximum of two month’s rent in the case of residential premises and a maximum of six month’s rent in the case of non-residential premises would have to be paid by the tenants.
How will states implement it?
- As per the MoU signed under PMAY-U, the states and union territories would legislate or amend the existing rental laws on the lines of the MTA.
Why was a need felt to bring this on?
(1) For a rental economy
- Without a well-rounded rental policy and the proper implementation of the rental contracts, there was no sound mechanism to resolve tenant-landlord conflicts.
- Property owners find it challenging to evict tenants if they misuse the property.
- To steer clear of such complications, such property owners often chose to keep these homes vacant instead of renting them out.
(2) Unattractive rental yield
- In India, the rental yield for residential property is quite low, even in bigger cities. It is in the range of 1.5% to 3% of the capital values.
- This has disincentivized people from investing in second or third homes which could be rented out.
- Often, they also prefer to leave their properties vacant in case they return to India.
- NRIs avoid leasing their residential properties for fear of squatters and dealing with the legalities of eviction.
How will MTA help?
(1) Unlocking homes
- It will unlock vacant houses for rental purposes
- It will enable the creation of adequate rental housing stock for all the income groups thereby addressing the issue of homelessness.
(2) Helping migrants
- Rental housing is a preferred option for students and migrants.
- It will balance the rights of both landlords and tenants.
(3) Effective negotiations
- There is no monetary ceiling under MTA, which enables parties to negotiate and execute the agreement on mutually agreed terms.
- It will give confidence to landlords to let out their vacant premises, the housing ministry said.
- The Act also tries to address how a renter can legitimately increase the rent.
(4) Control over encroachments
- It has proposed limiting the advance security deposits to two months’ rent and has also suggested heavy penalties for tenants who decide to overstay.
- Those who do may have to shell out double the rent for two months and even four months.
(5) Rights of tenants
- The landowner cannot cut power and water supplies in case of a dispute and would have to provide a 24-hour notice to tenants to carry out repair work.
- Should the landlords wish to increase the rent, they will need to provide a three-months notice to the tenants.
- These measures would go a long way in protecting the rights of a tenant as it regulates the rent hikes that tenants have had to face.
Challenges ahead
While the proposals of the Act have been widely welcomed, their implementation may not be very simple.
(1) Not Binding nature
- The Act is not binding on the states as land and urban development remain state subjects.
- Like in the case of RERA, the fear is that states may choose not to follow guidelines, diluting the essence of the Model Act.
(2) Issues over paltry rents
- Also, the Model Act is prospectively applicable and will not affect the existing tenancies.
- The repeal of rent control Acts can be governed by political exigencies.
- This may be a complicated process in cities like Mumbai, where tenants have occupied residential properties in prime areas for absurdly low rents.
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Land Reforms
Land record Modernisation in India
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Hurdles in the creation of updated land record system
Updated land record system could help the landowner in many ways. However, there is a lack of an updated land record system in India. There are several factors responsible for it. The article highlights these factors.
Need for updated land record
- For a significant section of the rural poor, land is both an asset and a source of livelihood.
- With livelihoods affected, the importance of land ownership for access to formal loans as well as government relief programmes became even more evident.
- But the relatively poor availability of clear and updated land titles remains a hurdle.
- The government of India’s Digital India Land Records Modernisation Programme (DI-LRMP) scheme is the most recent effort in encouraging updating of land record.
Reasons for lack of updated land record data
The National Council of Applied Economic Research made a pioneering effort in this direction by launching NCAER Land Records and Services Index (N-LRSI) in 2020.
Following are the finding of NCAER about the poor state of land records.
- The dismal state of land records is due to the failure of the Indian administration to evolve from British-era land policies.
- In addition, land record regulations and policies vary widely across Indian states/union territories.
- Though DI-LRMP provides a common framework for reporting the progress of land record management by states/UTs, the heterogeneous nature of regulations/guidelines for land record management in India makes the progress non-uniform.
- One of the major roadblocks in ensuring continuous updation of land records is the lack of skilled manpower in land record departments in states.
- Another dimension relates to the poor synergy across land record departments.
- There is a lack of synergy between the revenue department as the custodian of textual records, the survey and settlement department managing the spatial records and the registration department, which is responsible for registering land transactions.
- The swiftness of the process of updating ownership as the result of the registration of a transaction is commonly known as mutation.
- The information obtained from all the state/UT sources in this regard revealed that no state/UT has the provision for online mutation on the same day as the registration.
Way forward
- With poor inter-departmental synergy, aspiring for updated and accurate records will always be a distant goal and states/UTs should take necessary actions to have the appropriate systems in place.
- The improved system of land records is likely to facilitate the efforts that some states/UTs are making to ease land transactions — like lowering stamp duties by the Maharashtra government.
- Finally, these efforts are going to be instrumental for the health of India’s rural economy.
Consider the question “How an updated and functional land record system could help transform the rural economy? What are the hurdles in creating the updated land record system?”
Conclusion
The governments need to take measures to remove the hurdles in the creation of a robust land record system so as to help the landowners access institutional channels of credit.
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Land Reforms
Unique Land Parcel Identification Number (ULPIN) Scheme
From UPSC perspective, the following things are important :
Prelims level: ULPIN Scheme
Mains level: Land records management in India
The Centre plans to roll out the Unique Land Parcel Identification Number (ULPIN) Scheme.
ULPIN Scheme
- The ULPIN scheme has been launched in ten States this year and will be rolled out across the country by March 2022, the Department of Land Resources told the Standing Committee on Rural Development.
- It would allot a 14-digit identification number to every plot of land in the country within a year’s time.
- It will subsequently integrate its land records database with revenue court records and bank records, as well as Aadhaar numbers on a voluntary basis.
- The scheme will enhance the service deliveries to the citizen of the country and will also function as inputs to the schemes of the other sectors like Agriculture, Finance Disaster Management etc.
“Aadhaar number” for Land
- Officials described it as “the Aadhaar for land”, a number that would uniquely identify every surveyed parcel of land and prevent land fraud, especially in the hinterlands of rural India, where land records are outdated and often disputed.
- The identification will be based on the longitude and latitude coordinates of the land parcel and is dependent on detailed surveys and geo-referenced cadastral maps, according to a presentation the Department made to States in September 2020.
- This is the next step in the Digital India Land Records Modernization Programme (DILRMP), which began in 2008 and has been extended several times as its scope grew.
Try this PYQ:
Q.Consider the following statements:
- Aadhaar card can be used as proof of citizenship or domicile.
- Once issued, the Aadhaar number cannot be deactivated or omitted by the Issuing Authority.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
A cost-effective approach
- Linking Aadhaar with land records through ULPIN would cost ₹3 per record while seeding and authentication of landowner Aadhaar data would cost ₹5 each.
- It added that the integration of the Aadhaar numbers with the land record database would be done on a voluntary basis.
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Land Reforms
Why does India need Conclusive Land Titling?
From UPSC perspective, the following things are important :
Prelims level: Conclusive Land Titling
Mains level: Land records management in India
Land ownership in India
- In India, land ownership is determined through various records such as sale deeds that are registered, property tax documents, government survey records, etc.
- Land ownership is broadly defined by access to a land title. Land Title is a document that determines the ownership of land or immovable property.
- Having a clear land title protects the rights of the titleholder against other claims made by anyone else to the property.
What is the news?
- In 2020, even as laws for farm reform and labour code reform were being enacted, the government’s think tank, NITI Aayog, took steps to initiate land reforms.
- A Model Bill on Conclusive Land Titling was sent to States and Union Territories last June seeking their comments.
- In September, after many States failed to send in their feedback, the Centre warned that their agreement would be presumed.
What is Conclusive Land Titling?
- In a conclusive titling system, the government provides guaranteed titles and compensation in case of any ownership disputes.
- Achieving this will require shifting to a system of registered property titles (as opposed to sale deeds) as the primary evidence of ownership, and having clear and updated land records.
How does the current system work?
- India currently follows a system of presumptive land titling.
- This means that land records are maintained, with information on possession, which is determined through details of past transactions.
- Ownership, then, is established on the basis of current possession. Registration of land is actually a registration of transactions, such as sale deeds, records of inheritance, mortgage and lease.
- Holding registration papers does not actually involve the government or the legal framework guaranteeing the ownership title of the land.
What will change in the new system?
- On the other hand, under a conclusive land titling system, land records designate actual ownership.
- The title is granted by the government, which takes the responsibility for accuracy.
- Once a title is granted, any other claimant will have to settle disputes with the government, not the titleholder.
Why is conclusive land titling needed?
- The main advantage is that a conclusive system will drastically lower litigation related to land.
- According to a 2007 World Bank study on ‘Land Policies for growth and poverty reduction’, land-related disputes accounted for two-thirds of all pending court cases in India.
- A NITI Aayog study on strengthening arbitration estimated that disputes on land or real estate take an average time of 20 years in the courts to be resolved.
A move for EODB
- Right now, because land titles are based on transactions, people have to keep the entire chain of transaction records, and a dispute on any link in that chain causes ambiguity in ownership.
- Once conclusive titling is in place, investors who want to purchase land for business activities will be able to do so without facing the constant risk that their owners may be questioned and their entire investment may go to waste.
- Land disputes and unclear titling also create hurdles for infrastructure development and housing construction, leading to costly delays and inefficiency.
Multiple benefits
- In cities, urban local bodies depend on property taxes that can be levied properly only if there is clear ownership data available.
- In rural areas, the need is even more acute. Access to agricultural credit is dependent on the ability to use the land as collateral.
- Without being able to prove their ownership of land and access formal credit from banks, small and marginal farmers are often left at the mercy of unscrupulous moneylenders.
What does the model Bill propose?
- The Bill circulated by the NITI Aayog in 2020 calls for Land Authorities to be set up by each State government, which will appoint a Title Registration Officer (TRO),
- TRO will prepare and publish a draft list of land titles based on existing records and documents.
- This will be considered a valid notice to all potential claimants interested in the property, who will have to file their claims or objections within a set period of time.
- If disputing claims are received, the TRO will verify all the relevant documents and refer the case to a Land Dispute Resolution Officer (LDRO) for resolution.
Major hurdles
- The biggest challenge is that land records have not been updated for decades, especially in rural and semi-urban areas.
- Land records are often in the name of the grandparents of the current owner, with no proof of inheritance.
- Unless they are based on updated records, conclusive land titles could create even more problems.
- Comprehensive village-level surveys with community involvement are a necessary precursor to the land titling process.
- Relying on current records or even satellite imagery will not provide the same accuracy as actual, on-the-ground, local surveys.
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Land Reforms
Mission ‘Lal Lakir’
From UPSC perspective, the following things are important :
Prelims level: Mission ‘Lal Lakir’
Mains level: Not Much
The Punjab state cabinet has approved the implementation of mission ‘Lal Lakir’.
Try this MCQ:
Q.The SVAMITVA Scheme sometimes seen in the news is related to:
Urban Employment/ Land records management/ Child Adoption/ None of these
Mission ‘Lal Lakir’
- ‘Lal Lakir’ refers to land that is part of the village ‘abaadi’ (habitation) and is used for non-agriculture purposes only.
- The mission is aimed at facilitating villagers to monetize property rights and availing benefits provided by government departments, institutions and banks in all villages across the state.
- As no record of rights is available for such properties within the ‘Lal Lakir’, the same cannot currently be monetized as per the real value of the property and no mortgages can be created on such properties.
- There are households within the ‘Lal Lakir’, which do not own property other than the areas within the ‘Lal Lakir’, and are thus at a disadvantage.
An extension to SVAMITVA
- Under the mission, the right of record of properties within ‘Lal Lakir’ in the villages of the state will be prepared with the cooperation of the government of India under the SVAMITVA scheme.
- SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
- This will enable mapping the land, households, habitation and all other areas falling within ‘Lal Lakir’.
- It will go a long way in improving the living standard of villagers and boosting their self-esteem.
Back2Basics: SVAMITVA
- SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
- Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
- The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
- The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
- Property Cards will be prepared and given to the respective owners.
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Land Reforms
Reform land ceiling laws
From UPSC perspective, the following things are important :
Prelims level: Soil degradation: Reasons and impact
Mains level: Paper 3- Land degradation and using land reforms to deal with it
Land ceiling laws, enacted to deal with the problems of a bygone era, remains unchanged even in most of the States. This has given rise to different problems. The article suggests the relaxation of the ceiling acts to deal with the problem of land degradation and water depletion.
Background of the ceiling laws
- India implemented land ceiling laws to deal with the ‘zamindars’ and impose landowning limits based on total production value of land—irrigated, grove, orchard, dry, etc.
- Landholdings were scrutinised at individual and family level, and large farms were discouraged.
- For most states, the ceiling ratio of dry-to-irrigated land is 3:1.
Issues with the ceiling laws
- In 2020, State land laws remain unchanged, trapping farm families in a negative ownership trap.
- As with each generation, the average landholding of individuals reduces.
- Dropping farm incomes, higher inputs costs, low sale price, soil degradation and water depletion erode production and farm value.
- A progressive farmer hits production saturation due to limited land.
- Contract farming has been no consolation either.
- The result is that the Indian farm size is very small, 86% under two hectares, and is decreasing as the average size of operational holding has declined to 1.08 hectares in 2015-16 versus 1.15 in 2010-11 (Agricultural Census 2015-16).
- The government is reticent on the Economic Survey’s recommendations to increase land ceiling limits.
- Recently, Karnataka rescinded land limit reforms.
How to deal with soil degradation and water depletion
- 30% of India’s land is degraded, bad agri-practices threaten soil health, and water-guzzling crops like paddy, sugarcane, etc, have resulted in a water crisis in many places.
- States must study soil conservation program of the US, which paid farmers subsidies for soil conservation or allowing land to be fallow.
- States should incentivise farmers for agro-ecological plantations and agro-forestry by relaxing land ceiling limits for them.
- State Acts may include organic plantations under exempt categories similar to tea/rubber plantations.
- Native biodiversity based mixed orchards, from mahua to moringa, can be encouraged and exempted by state governments.
- Policy change will have benefits—soil and water rejuvenation, increase in farmers’ incomes and new products for the free market.
- The return of organic matter and biodiversity will sustain farmland productivity.
- Plus APEDA predicts a $50 billion organic export 2030, but the cherry would be additional carbon credits.
- If 10% of arable land converts to organic grove land, India will mitigate climate change and pollution.
- Each hectare with 0.01% humus can store 80,000 litres of water. We need a central policy to bolster this drive.
- Farmers may take over waste or degraded land, beyond land ceiling limits, and restore land as a carbon sink and produce more nutrition per acre.
- As farmers will care for these lands, the government’s financial burden to restore wastelands will lessen.
Consider the question “Land degradation threatens India’s future if not dealt with in time. In light of this, examine the reasons for soil degradation and suggest the ways to deal with it”
Conclusion
As a nation, we have a choice to steer the bigger farms towards agro-ecology or allow industrial farms to take over rural India. The government needs to bring out a fourth Ordinance to free the land for healing the Earth.
Source:-
https://www.financialexpress.com/opinion/reform-land-ceiling-laws-incentivise-farmers-for-agro-ecological-plantations-and-agro-forestry/2113635/
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Land Reforms
SWAMITVA Scheme to map rural inhabited lands
From UPSC perspective, the following things are important :
Prelims level: Swamitva Scheme, e-Gramswaraj Portal
Mains level: Land records management and its significance for urban and rural planning
The Prime Minister has launched the Swamitva Scheme and e-Gramswaraj Portal & mobile app as a portal to prepare and plan Gram Panchayat Development Plans.
Swamitva Scheme
- SWAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
- Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
- The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
- The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
- Property Cards will be prepared and given to the respective owners.
Benefits
- The scheme will create records of land ownership in villages and these records will further facilitate tax collection, new building plan and issuance of permits.
- It will enable the government to effectively plan for the infrastructural programs in villages.
- It would help in reducing the disputes over property.
What is e-Gramswaraj Portal?
- E Gram Swaraj portal is the official portal of central govt for the implementation of Swamitva scheme.
- By visiting this portal people can check their Panchayat profile easily. It will also contain the details of ongoing development works and the fund allocated for them.
- Any citizen can create his or her account on the portal and can know about the developmental works of villages.
- The user of E Gram Swaraj portal can also access all work of the Ministry of Panchayati Raj.
- This single interface will help speed-up the implementation of projects in rural areas from planning to completion.
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Land Reforms
[pib] Desertification and Land Degradation Atlas of India
From UPSC perspective, the following things are important :
Prelims level: Desertification and Land Degradation
Mains level: Various initiatives for water conservation
The Union Minister for Agriculture and Farmers Welfare has provided useful information about land degradation in India citing the Desertification and Land Degradation Atlas.
Desertification and Land Degradation Atlas of India
- Space Applications Centre (SAC), ISRO has released out an inventory and monitoring of desertification of the entire country in 2016.
- This Atlas presents state-wise desertification and land degradation status maps depicting land use, process of degradation and severity level.
- This was prepared using IRS Advanced Wide Field Sensor (AWiFS) data of 2011-13 and 2003-05 time frames in GIS environment.
- Area under desertification / land degradation for the both time frames and changes are reported state-wise as well as for the entire country.
Degraded land in India
- About 29.32% of the Total Geographical Area of the country is undergoing the process of desertification/land degradation.
- Approximately 6.35% of land in Uttar Pradesh is undergoing desertification/degradation.
Various move for land conservation
- National Afforestation & Eco Development Board (NAEB) Division of the MoEFCC is implementing the “National Afforestation Programme (NAP)” for ecological restoration of degraded forest areas.
- Various other schemes like Green India Mission, fund accumulated under Compensatory Afforestation Fund Management and Planning Authority (CAMPA), Nagar Van Yojana etc. also help in checking degradation and restoration of forest landscape.
- MoEF&CC also promote tree outside forests realizing that the country has a huge potential for increasing its Trees Outside Forest (TOF) area primarily through expansion of agroforestry, optimum use of wastelands and vacant lands.
Various institutions for land conservation
- Indian Institute of Soil and Water Conservation (IISWC): Bio-engineering measures to check soil erosion due to run-off of rain water
- Central Arid Zone Research Institute (CAZRI), Jodhpur: Sand dune stabilization and shelter belt technology to check wind erosion
- Council through Central Soil Salinity Research Institute, Karnal: Reclamation technology, sub-surface drainage, bio-drainage, agroforestry interventions and salt tolerant crop varieties to improve the productivity of saline, sodic and waterlogged soils in the country
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Land Reforms
Supreme Court upholds 2018 order on land acquisition
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: Issues in land acquisition and dispensing fair compensation
- The Supreme Court reaffirmed its February 2018 ruling on Section 24 on land acquisition compensation awards given by a three-judge bench led by Justice Arun Mishra in the Indore Development Authority.
- It also has overruled an earlier co-ordinate Bench ruling in the Pune Municipal Corporation case of 2014 under the Right to Fair Compensation and Transparency in the Act of 2013.
What is the provision and why it needed interpretation?
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (2013 Act) replaced the Land Acquisition Act, 1894 (1894 Act).
- The new Act provides for higher compensation to those deprived of land by the government for both public and private sector projects.
- It also mandates consent of a majority of land-owners, and contains provisions for rehabilitation and resettlement.
- Under Section 24(2) land acquisition made under the old law of 1894 lapses if the award of compensation had been made five years before the new Act came into force, but has not been paid.
- In such cases, the process will have to be gone through afresh under the new Act, which mandates higher compensation.
Issue over compensation
- There are cases in which farmers and other land-owners have refused the compensation, leading to delay in the government taking possession.
- In this situation, the compensation amount is deposited in the government treasury. According to one interpretation, if this is done, the acquisition process is saved.
- Then again, others contend that such cases will fall under the new Act because compensation has not been paid to the land-owners, and the lapsing clause in Section 24 should be applied.
- If, through interpretation, a long-pending land acquisition process is closed under the old law and fresh acquisition proceedings started under the new one, the land-owners stand to benefit, but project proponents will have to pay higher compensation.
- Therefore, the provision concerned is often a subject of litigation.
What happened in the case before the Supreme Court?
- On January 24, 2014 the court ruled that the acquisition of a piece of land had “lapsed” because the compensation awarded had neither been paid to the landowners/persons interested nor deposited in the court.
- The deposit of the compensation amount in the government treasury was held to be “of no avail” as it was not equivalent to the compensation being “paid”.
- Based on this judgment, subsequent cases were decided on the same principle: acquisition that had taken place earlier than five years before the new Act commenced would lapse if compensation amount was not paid to the land-owners or, in cases in which the owners refused to accept compensation, deposited in court.
How was this precedent dealt with in another case in 2018?
- The same question arose in Indore Development Authority vs. Shailendra. Another Bench did not accept the earlier Bench’s view.
- On February 8, 2018, the majority, consisting of the first two judges, ruled that the acquisition would not lapse merely because the compensation amount was not deposited in court, but was instead deposited in the treasury.
- It ruled that the past practice of more than a century, under which the amount was deposited in the treasury, was not taken into account by the earlier Bench.
- Some provisions and orders that allowed this practice were not placed before that Bench. Further, the land acquisition in that particular case had been quashed by a High Court in 2008.
- Since it was not a subsisting process, the question under Section 24(2), whether the acquisition lapsed because of non-payment of compensation or non-deposit in the court, did not arise at all.
- On these grounds, Justice Mishra and Justice Goel overruled the earlier judgment and held that it was per incuriam, that is a verdict passed in disregard of law and, therefore, wrong.
What does the controversy mean for land-owners and project proponents?
- A ruling that old acquisitions lapse for non-deposit of compensation will be more beneficial to land-owners and farmers as they stand to get higher compensation and rehabilitation and resettlement measures.
- On the other hand, project proponents feel such an interpretation would mean that those who refused to take compensation, even after it had been fixed and the money deposited in the government treasury, would be taking advantage of their own wrong.
Present ruling
On Acquisition
- The provision said that in such cases if the physical possession has not been taken “or” the compensation is not paid, the acquisition proceeding is “deemed to have lapsed”.
- The court held that a land acquisition proceeding under Section 24(2) would only lapse if the authorities have neither taken physical possession nor paid the compensation due to the landowner for five or more years prior to January 1, 2014.
- For this an “or” in the Section was “interpreted” as an “and”.
- Further, the Bench held that Section 24(2) of the Act of 2013 does not give rise to a new cause of action to question the legality of concluded proceedings of land acquisition.
On compensation
- The government if it so wishes would have to initiate “fresh acquisition proceedings” under the new Act of 2013 which provides for “fair-compensation”.
- The judgment however said compensation would be considered paid if the amount is put in the Treasury.
- There was no obligation that the amount should be deposited in the court in order to sustain the land acquisition proceedings under the 2013 Act.
- Thus there is no lapse if possession has been taken and compensation has not been paid. Similarly, there is no lapse if compensation has been paid and possession not taken of the land.
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Land Reforms In India: An Unfinished Business
The Traditional Land Reforms
The Britishers in India were not at all keen in adopting progressive land reforms measures for the rural farmers. So, after independence, we adopted several measures to usher in long stalled land reforms.
1. Abolition of Intermediaries
Intermediaries like Zamindars, Talukdars, Jagirs and Inams had dominated the agricultural sector in India by the time the country attained independence. Soon after independence, measures for the abolition of the Zamindari system were adopted in different states.
Reason: This kind of system was exploitative for tenants and Zamindars never invested in agriculture because their rights were not permanent, which ultimately led to low production.
Outcome: Tenants came in direct contact with government, though he continued to pay rent which was very nominal. This was the most successful land reform in the country, but it benefited only one class of tenants, who were owners of land prior to British land revenue system
1. Tenancy Reforms
This reform sought to provide security of tenure to tenants, so that land owners cannot evict them arbitrarily along with regulation of rent. This reform sought to prevent exploitation and giving security of tenure so that they could invest in land. This reform required tenants to legally register with the govt. in order to get protection.
Outcome: This reform was not very successful, except in states of West Bengal and Kerala, because of lack of political will at the state level. Moreover, since landowners were politically active, they didn’t allow the tenants to register with govt.
3. Ceiling on Land holdings and Redistribution of Surplus land
The third important step of land reforms relates to the imposition of ceiling on land holdings. Ceiling on land holdings implies the fixing of the maximum amount of land that an individual or family can possess.
This reform sought to bring parity in terms of distribution of land through two aspects: one, the fixation of ceiling limit and two, the acquisition of surplus land and its distribution among the small farmers and landless workers. This reform was accompanied by Bhoodan movement, (launched by Acharya Vinoba Bhave)
Outcome: Actually, the limit on ceiling was kept very high and the redistributed land was mostly infertile land
4. Consolidation of Land Holdings
Consolidation of Holdings means bringing together the various small plots of land of a farmer scattered all over the village as one compact block, either through purchase or exchange of land with others.
Reason: The average size of land holdings in India is very small. The size of the holdings is decreasing but number of holdings is increasing over time. This is due to the inheritance laws. If farms are small and scattered, we cannot go for mechanization, etc.
Oucome: Not very successful, because the owners did not had conclusive rights so there was fear among farmers that they may lose land ownership. Moreover, there is mix of fertile and non-fertile land, so it was difficult to get same quality of land.
5. Cooperative Farming
It has been advocated to solve the problems of sub-division and fragmentation of holdings. In this system, farmers pool their small holdings for the purpose of cultivation and reap benefits of large scale farming.
Reason: Economies of scale can reduce input cost
Outcome: This was the least successful land reform in the country due to inconclusive ownership rights.
Current Scenario
Now, the land ceiling cannot be implemented because landholdings are small, but, land consolidation and tenancy reforms are more relevant now.
Market-led Land Reforms
These reforms come into picture after the 1991 economic reforms, which gave private sector larger role to play. Post-1991 reforms, land became important for industrial and infrastructure as well, along with agriculture.
1. Modernization of Land Records
This reform seeks to solve the issue of inconclusive land ownership rights. This includes survey of land holdings in the country and digitization of land records and revenue records, so there is less subjectivity in terms of ownership rights. It is significant reform because it will facilitate land consolidation.
National Land Records Modernization Program – It was launched in 2008, to modernize management of land records, minimize scope of land/property disputes, enhance transparency in the land records maintenance system, and facilitate moving eventually towards guaranteed conclusive titles to immovable properties in the count.
This will facilitate easy purchase and selling of land.
2. Facilitating Land Leasing
There should be compulsory registration for all the land owners and lease holds. Registration of landowners will ensure security of land ownership. They can lease their land to landless/tenants and settle in urban areas. The idea is that, since there is massive rural-urban migration and those who are well-settled in urban areas can lease their land to their village counterparts.
At present, NITI Aayog is preparing a model agricultural land leasing law, to formalise leasing of agricultural land.
3. Land Acquisition for Public Purpose
In 2013, govt. enacted “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013″, to provide just and fair compensation to farmers while ensuring that no land could be acquired forcibly.
There was a big debate on this issue over the last year, when NDA govt. brought an amendment bill, which sought to remove all necessary checks (such as consent clause, social impact assessment, minimum consent requirement, etc) in land acquisition for 5 sectors namely – defence, rural infrastructure, affordable housing, industrial corridors and infrastructure where central govt. owns land.
Suggested Readings
1. Indian Express: Farmer needs a new deal
2. Indian Express: Land Titling
Published with inputs from Pushpendra