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Legal, political, technical and commercial issues of Land Information Systems
Brig.J.S.Ahuja
Chief Consultant
ORG GIS
B-3/1-B, Opposite Arya Samaj Mandir
Safdarjung Enclave, New Delhi 110029
Tele: 011-6180832, Telefax: 011-6189454
orggis@hd2.dot.net.in
Brig.J.S.Ahuja
Chief Consultant
ORG GIS
B-3/1-B, Opposite Arya Samaj Mandir
Safdarjung Enclave, New Delhi 110029
Tele: 011-6180832, Telefax: 011-6189454
orggis@hd2.dot.net.in
Background
Geographic Information System (GIS) is becoming a craze every day and is catching the fancy of individuals and organizations. Every Software Company, worth the name, is interested to enter into GIS business without understanding the geometry of GIS. On the other hand, there are Organizations, mostly in the Government Sector who are interested to implement GIS in their operations, again without knowing, what they want. It is a very strange matrix of relationship developing in the country between the service provider and the client.
Land Information System (LIS) which is a subset of GIS, is another area arousing interest of the industry whether there is any real client or the so called client is interested in their services. LIS is definitely much different than GIS as it needs political will to implement. The major difference between GIS and LIS is that LIS provides database on ownership of parcels of land in addition to other information which in the traditional system is called Land Records. It consists of the particulars of every parcel of land in each village, its dimensions, classification, assessment and reputed ownership.
The current scene in the country about land records is quite different as they are not being updated regularly particularly the Cadastral Maps. This job is supposed to be carried out by Settlement Commissioner cum Director of Land Records in the States. He has Regional Superintendents of Land Records who in tun control the District Inspectors of Land Records. These Survey & Settlement Operations in most of the States are being carried out based on out-dated Manuals which have not been revised taking into account the state-of-art technology and the changing needs of the society. Field work is carried out by Survey Mamlatdars assisted by Surveyors. These survey operations are undertaken based on local control only and the techniques used are most time consuming and are not linked to the national control network.
The backbone of LIS is Cadastral Maps which have to be updated by undertaking regular surveying operations to capture the ground realities with regards to fragmentation of parcels or consolidation of boundaries. The word Cadastre is from the Latin language which refers to the registry of lands. The Cadastral System has to be properly documented, which has been the practice set by Britishers in this country. The only problem has been its regular updating which has resulted in failure of Cadastral System in protecting the land rights and permitting those rights to be traded. Cadastral Surveying is a discipline which deals with large scale surveying of parcels of land and preparation of Cadastres, to serve as public register of the lands for fiscal purposes in addition to establishing the ownership rights. Implementation of LIS therefore is not a simple matter as it involves legal, political and technical issues. There is therefore a need to resolve these three most important issues before commercial issue can be taken up for discussions.
Legal
It is an admitted fact that land records in terms of Records-of-Rights have not been properly kept. The current statute law in force does not progress to provide for a state certification of Title-to-Land under the aegis of a public authority. No doubt, regarding agricultural land, the Records-of-Rights in land create a structure of permanent records of transactions concerning such land, but it is only in theory.
The Indian Registration Act, 1908 provides for registration of documents but not for the registration of titles. No doubt, regarding agricultural land, the Records-of-Rights in land and similar documents, by virtue of provisions in the land-laws of various states, create a structure, at least in theory of permanent records of transactions concerning such land. During the colonial period these records were used by the Britishers mainly for the purpose of revenue collection. It was such powerful instrument that an extract of this record was an enough proof of an individual's title to the land. But now the entries in such records are not conclusive even though they may be relevant in a court of law and may be given a presumptive status by land-laws. As late as August, 1989, it had been affirmed by the Supreme Court of India as follows -
"It is firmly established that the revenue
Records are not documents of title"
The magnitude and complexity of this problem as it exists in India today was prevailing almost all over the world at one time or the other. It has been the work of few well meaning thinkers who designed systems, which provides for registration of title to land. This has now been introduced in many countries. A time has come when greater importance has to be given to these aspects as pressure on land is increasing every day. Modern Technology and economic considerations strongly support this approach.
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
Land Register - Descriptive Data
Folio No of Land Register
Geographical Co-ordinates
Area in Hectares
Owners Name and Address
Land-use
Soil Assessment Report
Water Quality and Availability
Administrative Boundaries
Topographic Details
Geographical Co-ordinates of Corners
Overlay of Soil Data
Overlay of Water Resources
Descriptive Information
(Field Measurement Book)
List / Database of Co-ordinates
Other details such as attachments, litigation
- Reference Grid System
- Specification of Surveys
- Instruments
- Provision of Ground Control
- Scale of Survey
- Accuracy Standards
- Computerization of Maps and Land Records
- Development of Land Information System
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Parcel based Village Level Land Information
Integrated Land Information System is the ultimate answer as it will provide legal information such as encumbrances, transactions, mortgages, charges, caveats, court orders and restricted covenants for the future buyers who will be too glad to pay the charges for such information.
Singapore has already done it.
The Ultimate Model |
Commercial
Though land parcel Cadastral Maps were required to be updated every 30 years through Survey & Settlement Operations, but it has not been done in many of the States during the last 50 years. Government of India and State Governments are well aware of this precarious situation. Study groups have been formed; pilot projects have been undertaken; workshops on computerization of land records have been held; number of recommendations have been made by various conferences; seminars and meetings, but no visible results can be seen on the ground. The main reasons are -
- Political will is lacking for the reasons best known to them.
- Bureaucracy and Administration is irresponsive
- No serious initiatives have been taken to resolve technological issues.
- Postpone because it is involving huge expenditure.
| Total area of the country | 32,87,263 sq.km |
| Area required to be undertaken for Settlement and | 13,14,905 sq.km |
| Survey operations at 40% of the total area (assumption) | |
| Approximate rate of Survey and Settlement operation | Rs.85,000/- per sq.km |
| Estimated cost of the total project | +Rs.10,000 Crores |
This job should not be postponed and has to be undertaken on war footing basis. The question of funding this project has to be evolved by the Government by taking a pragmatic approach. If Government can guarantee the ownership rights of the land through this process, majority of the land owners will not mind to pay Rs.1,000/- per acre and the whole cost of the project can be recovered even if marginal land owners below poverty line do not pay.
Recommendations
This National Conference on Land Information System, jointly organized by Ministry of Rural Development, Government of India and Centre for Spatial Database Management and Solution (CSDMS) should recommend to Department of Land Resources of Ministry of Rural Development, Government of India to come out with a white paper on this subject stating the current situation in various States and action plan for taking up Survey and Settlement operations after resolving the Legal, Technical and also Commercial issues as mentioned in this paper. They should go rather one step ahead to recommend to the States for development of Integrated Land Information System (ILIS), Internet based using the latest Web Technology to bring maps and textual land information via Internet to act as one stop information service integrating various aspects of land information from the Registry of Titles, Land records and Survey Departments as conceived in the diagram. This is the need of the day as this information will be useful for members of the public, banks, land surveyors, lawyers, developers, property agents, valuers and architects.