Legal, political, technical and commercial issues of Land Information Systems


Political
Land Records have always been a political weapon in the lands of the rulers. The historical background of the statutory provisions governing land records in the country reveals a bewildering variety from state to state and even within the state. Every state has its own history in management of land at parcel level. The earliest known records of Cadastral Surveys in India dates back to AD 1002 in the Kingdom of Thanjavur, now in Tamilnadu State. The origin of an organized land records system dates back to the days of Todar Mal. This job was carried out by Survey of India till 1905 when this responsibility was passed on to the State Governments. After independence, politicians in successive Five Year Plans have been stressing the need of land reforms in the country, but a very little work has been done in this respect except for Zamindari abolition and limited redistribution of surplus land. Though every one in political system has been appreciating, in theory the importance of having an accurate, upto date and easily accessible land records system, in a society where land has always been finding a place of highest importance being the most valuable asset, but in practice, for variety of reasons and lack of political, will the land records are for the most part of the country are in decrepit state.

As per the existing system of updating, land owner has to apply for survey whenever changes due to sale and purchase or inheritance or due to other reasons takes place. The village Officers known by different names such as Patwari, Talati or Karanam records the facts in the prescribed form and changes are made in the Records-of-Rights. But where sub-division of a parcel requiring survey is necessary, there are delays. Survey resources being limited, the gap in maintaining the land records in graphic form with respect to the ground realities has been increasing day by day. Further there is no system under which the land owner can get a surveyed map of his parcel duly certified for his records as there is no law permitting a Chartered Surveyor to undertake this job which is acceptable by the authorities and can be produced in the court of law. Only political system can bring changes in the current law on the subject by Enactment of Land Survey Act permitting registered Chartered Surveyors to undertake these jobs.

Technical
In order to ensure tranquility among the farming brethern, reduce land-based civil litigation to the minimum and protection of the title-rights of the land holders, it is imperative that Cadastres and Land Records are kept upto date at any point of time by taking up regular ground surveys to effect changes in the boundaries without any time lag, in the interest of land holders.

The State also needs a system under which every land owner is guaranteed Registration to the title of land and not merely Registration of Deed as prevailing at present. This can only be possible by introducing a Modern Cadastre System which should have 4 elements -
  • Numeric Cadastre
  • Graphic Cadastre
  • Descriptive Cadastre
  • Record of Title Register
The contents of these records are described below -

Land Register - Descriptive Data Parcel Identifier
Folio No of Land Register
Geographical Co-ordinates
Area in Hectares
Owners Name and Address
Land-use
Soil Assessment Report
Water Quality and Availability
Cadastral Map - Geometric Data Parcel Boundary and Number
Administrative Boundaries
Topographic Details
Geographical Co-ordinates of Corners
Overlay of Soil Data
Overlay of Water Resources
Descriptive Information
Numerical Cadastre Technical Data
(Field Measurement Book) Measurement Details with Skatches
List / Database of Co-ordinates
Record-of-Title Register Details of Registration Names of successive past owners Names of the present owner with address
Other details such as attachments, litigation

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