PRESENTATION ON CITIZEN RIGHT TO LAND RECORDS UNDER

PRESENTATION ON CITIZEN RIGHT TO LAND RECORDS UNDER RIGHT TO INFORMATION ACT

LAND RECORDS • AGRICULTURAL LAND RECORDS HELD IN REVENUE DEPARTMENT • HELD IN PANCHYATHS • HELD BY MUNICIPALCORPORATIOONS. • HELD IN THE OFFICES OF SUB REGISTRARS. • SURVEY AND LAND RECORDS DEPT

Bhoomi A flagship project of Karnataka State Government. Is a Land Records management system AND ONLINE RECORDS DELIVERY SYSTEM. The project was inaugurated in the year 2000.

BHOOMI 7 million farmers 35 million beneficiaries � 20 million land records 177 project locations serving farmers from 27000 villages. • Owner gets SMS alerts if any change in ownership. • •

BHOOMI • Demographic data, Economic data, Legal rights • 47 information ‘fields’ – owners, tenants, crops, yield, irrigation sources, mortgage details, soil, bank loans etc � Critical to farmers • Basis for ownership & loan � Instrument of social justice • Poor records lead to litigation & social unrest • Ensure government gets its due returns

BHOOMI All the ownership or any other changes in the RTCs are carried out online through mutation as per Karnataka Land Revenue Act using the Land Records database. All Agriculture Land Records are in Public Domain. All connected documents are scanned Less dependence on Manual Records

ACCESS TO LAND RECORDS The following documents are issued to the citizen at Land Record Kiosk by collecting the user fees. RTCs are also being issued at 892 Atalji Jana Snehi Kendras, 6019 Gram Panchayats & various tele-centers across the state.

USER FEE UNDER BHOOMI 1. RTC Rs. 10/- 2. Mutation Extract Rs. 15/3. Mutation Status Rs. 15/4. Tippani Rs. 15/Documents are being issued across the counter at a nominal fee

LAND RECORDS ARE IN PUBLIC DOMAIN AFTER INTERVENTION OF KARNATAKA INFORMATION COMMISSION ALL INFORMATION AVAILABLE IN BHOOMI WAS MADE AVAILABLE TO CITIZEN AS A PART OF DECLARATION UNDER SECTION 4 OF THE RTI ACT. INFORMATION AVAILABLE IN BHOOMI RELATING TO AGRICULTURAL LANDS CAN ALSO BE DOWNLOADED • http: //landrecords. karnataka. gov. in

INFORMATION RELATING TO LAND RECORDS IN GRAMA PANCHAYATHS • RECORDS OF LANDS SITUATED IN GRAMA PANCHAYAT JURISDICTION ARE MADE AVAILABLE IN THE WEBSITE PANCHAMITRA • http: //panchamitra. kar. nic. in/ • DETAILS OF PROPERTY INCLUDING UNIQUE ID NUMBER, NAME OF THE OWNER, EXTENT OF LAND, CONSTRUTION DETAILS AND PROPERTY TAX DETAILS ARE IN THE PUBLIC DOMAIN.

USE OF RTI FOR LAND RECORDS • CITIZENS ARE NOT INVOKING RTI FOR OBTAINING LAND RECORDS OF AGRICULTURAL LANDS AS THE SAME ARE EASILY ACCESSIBLE UNDER LAND REVENUE ACT THROUGH MORE THAN 10000 CENTRES OPENED ACROSS THE STATE BESIDES BHOOMI WEBSITE.

USE OF RTI – GRAMA PANCHAYAT • EVEN FOR OBTAINING LAND RECORDS AVAILABLE IN GRAMA PANCHAYAT CITIZENS ARE NOT FREQUENTLY INVOKING RTI AS THE SAME ARE EASILY ACCESSIBLE IN GRAMA PANCHAYATS AS WELL AS IN THEIR WEBSITE.

LAND RECORDS IN MUNICIPALITY & CITY CORPORATIONS • ALTHOUGH LAND RECORDS IN CITY MUNICIPALITY AND CITY CORPORATIONS ARE DIGITISED INFORMATION IS NOT ACCESSIBLE IN THEIR WEBSITES. • CITIZENS ARE COMPELLED TO INVOKE PROVISIONS UNDER RTI FOR OBTAINING INFORMATION AS NO TRANSPARENCY IS BEING MAINTAINED.

STAMPS & REGISTRATION DEPARTMENT • LAND RECORDS HELD IN THE STAMPS & REGISTRATION DEPARTMENT ARE NOT DIRECTLY ACCESSIBLE TO CITIZENS THROUGH THEIR WEB SITE. • CITIZENS ARE COMPELLED TO USE THE PROVISIONS OF REGISTRATION ACT TO ACCESS RECORDS.

RTI & SUB REGISTRARS • Mahithi Hakku Adhyayana Kendra focussed on CITIZENS RIGHT TO LAND RECORDS UNDER RTI in Stamps & Registration Department popularly known as Sub Registars Offices in Karnataka since 2006.

• The objective was to ENSURE CITIZENS RIGHT TO SECURE LAND RECORDS IN STAMPS & REGISTRATION DEPARTMENT UNDER R. T. I.

STAMPS & REGISTRATION DEPT LIST OF IMPORTANT LAND RECORDS FREQUENTLY ACCESSED BY CITIZENS: • TITLE DEEDS OF THE PROPERTY INCLUDING SALE DEEDS, GIFT DEEDS, PARTITION DEEDS, SETTLEMENT DEEDS, ETC. • ENCUMBRANCE CERTIFICATE • GENERAL POWER OF ATTORNEY

STAMPS & REGISTRATION DEPT • ALTHOUGH RECORDS FROM 2004 ARE COMPLETELY DIGITISED NO INFORMATION IS MADE AVAILABLE IN THE PUBLIC DOMAIN. • OLD RECORDS EXISTING SINCE 1853 AND WHICH ARE IN DILAPIDATE CONDITION ARE YET TO BE DIGITISED. • NO PROPER MAINTENANCE OF OLD RECORDS

DENIAL OF INFORMATION UNDER RTI • CITIZEN STARTED INVOKING RTI FOR SECURING LAND RECORDS DUE TO CORRUPTION, ABNORMAL DELAY AND RED TAPISM IN SECURING RECORDS UNDER REGISTRATION ACT. • AS INFORMATION WAS DENIED CITING PROVISIONS UNDER REGISTRATION ACT CITIZEN APPROACHED INFORMATION COMMISSION IN NUMEROUS CASES.

CHALLENGES BEFORE THE INFORMATION COMMISSION • WHETHER LAND RECORDS ARE ACCESSIBLE UNDER RTI ? • WHETHER CITIZENS ARE REQUIRED TO OBTAIN INFORMATION ONLY UNDER THE PROCEDURE AND SYSTEM PRESCRIBED UNDER REGISTRATION ACT? • WHAT SHOULD BE THE FEE PAYABLE ?

• WHETHER SEARCH FEE IS ALLOWED UNDER RTI ? • HOW TO DEAL WITH CONFLICT IN FEE STRUCTURE OF RTI AND REGISTRATION ACT?

ARGUMENT BY PUBLIC AUTHORITIES • DIFFERENT FEE STRUCTURE WILL RESULT IN REVENUE LOSS TO THE GOVERNMENT. • NO GUIDELINES WERE ISSUED BY THE GOVERNMENT FOR PROVIDING DOCUMENTS UNDER RTI. • DISCLOSURE OF CERTAIN DOCUMENT LIKE GENERAL POWER OF ATTORNEY IS PROHIBHITED UNDER REGISTRATION ACT.

POINTS CONSIDERED BY THE INFORMATION COMMISSION • Section 22 : ACT TO HAVE OVERRIDING EFFECT: THE PROVISIONS OF THIS ACT SHALL HAVE EFFECT NOTWITHSTANDING ANYTHING INCONSISENT THEREWITH CONTAINED IN THE OFFICIAL SECRETS ACT, 1923 AND ANY OTHER LAW FOR THE TIME BEING IN FORCE OR IN ANY INSTRUMENT HAVING EFFECT BY VIRTUE OF ANY LAW OTHER THAN THIS ACT.

REDUCES HARDSHIP TO CITIZENS • APPLICANT HAS TO VISIT PERSONALLY ONCE FOR FILING OF APPLICATIION AND SECOND TIME FOR PAYMENT OF FEE. • AGAIN HE HAS TO VISIT PERSONALLY FOR COLLECTING THE LAND RECORDS. • CITIZENS RESIDING IN FAR OFF PLACES HAD TO SPEND MORE TIME AND MONEY ON TRANSPORT.

• MANY TIMES CITIZEN HAD TO MAKE MULTIPLE VISIT TO OBTAIN THE RECORDS. • CITIZENS ARE FORCED TO APPROACH MIDDLEMEN FOR OBTAINING RECORDS BY PAYING ADDITIONAL FEE AS SERVICE CHARGE. • CITIZENS WERE HARRASSED FOR BRIBE • GOOD GOVERNANCE

ADVANTAGE UNDER RTI • CITIZEN NEED NOT VISIT THE OFFICE PERSONALLY FOR OBTAINING THE LAND RECORDS. • RECORDS ARE SENT BY REGISTERED POST TO THE APPLICANT – ENSURES TIMELY DELIVERY • IF THE INFORMATION IS NOT PROVIDED WITHIN 30 DAYS THEN HE IS ENTITLE FOR THE SAME AT FREE OF COST.

DECISION OF KARNATAKA INFORMMATION COMMISSION • FULL BENCH OF KARNATAKA INFORMATION COMMISSION HEARD SUCH APPEALS AND PASSED THE FOLLOWIG ORDER IN CASE NO. KIC 213 COM 2007 DT. 29. 3. 2007 RESTORING RIGHT OF CITIZENS IN SECURING LAND RECORDS UNDER RTI.

DECISION OF KARNATAKA INFORMMATION COMMISSION THERE ARE INDEED VARIOUS PROCEDURES & SYSTEM FOR OBTAINING INFORMATION AND COPIES OF DOCUMENTS FROM PUBLIC AUTHORITIES. FOR EXAMPLE, RTC EXTRACTS ARE BBEING ISSUED UNDER “BHOOMI’ , CERTIFIED COPY OF ORDERS ARE BEIN ISSUED BY COURTS, KHATHA AND BIRTH AND DEATH CERTIFICATES AND ARE BEING ISSUED BY BBMP.

ORDER OF KARNATAKA INFORMMATION COMMISSION • NOTHING UNDER LAW PREVENTS THE CITIZENS FROM SEEKING COPIES OF SUCH DOCUMENTS UNDER RIGHT TO INFORMATION ACT, 2005. ACCORDING TO INFORMATION AVAILABLE WITH THE COMMISSION, KARNATAKA HIGH COURT IS ALREADY ALLOWING THE CITIZENS TO OBTAIN COPIES OF ITS ORDERS UNDER THE ACT.

LIBERTY OF CITIZENS ON PAYMENT OF FEE • AS REGARDS FEES PAYABLE, COMMISSION IS OF THE VIEW THAT TO BEGIN WITH, IT MAY NOT BE DESIRABLE TO TINKER WITH THE EXISTING STRUTURE OF FEE BEING CHARGED INCLUDING SEARCH FEE, COPYING FEE ETC. , FIXED BY THE PUBLIC AUTHORITIES. HOWEVER, INCASE AN APPLICANT FEELS THAT THE FEE BEING CHARGED IS EXORBITANT, HE CAN LWAYS APPROACH THE COMMISSION THROUGH A COMPLAINT.

ORDER OF KARNATAKA INFORMMATION COMMISSION • ACCORDINGLY COMMISSION DIRECTS THAT CONCERNED PUBLIC AUTHORITY NAMELY INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS SHALL TAKE STEPS TO ENSURE THAT IN ADDITION TO ANY EXISTING PROCEDURES FOR PROVIDING INFORMATION AND COPIES OF DOCUMENTS,

ORDER OF KARNATAKA INFORMMATION COMMISSION • THE DEPRTMENT SHALL ALSO PROVIDE SAME INFORMATION, COPIES OF DOCUMENTS ETC. , IN RESPONSE TO THE APPLICATIONS MADE BY CITIZENS UNDER RIGHT TO INFORMATION ACT, 2005. ALL PROVISIONS OF THE ACT AND THE RULES INCLUDING THE TIME LIMITS, SHALL MUTATIS-MUTANDIS APPLY TO THE DISPOSAL OF SUCH APPLICATIONS.

ORDER OF KARNATAKA INFORMMATION COMMISSION • THROUGH A COPY OF THIS ORDER THE COMMISSION ALSO REQUESTS THE PRINCIPAL SECRETARY, D. P. A. R. (ADMINISTRATIVE REFORMS) GOVERNMENT OF KARNATAKA TO CONSIDER FRAMING OF SUITABE RULES TO FACILITATE IMPLEMENTATION OF THE ABOVE DECISION IN PUBLIC INTEREST BY ALL PUBLIC AUTHORITIES IN THE STATE.

ORDER OF KARNATAKA INFORMMATION COMMISSION • ALL PUBLIC AUTHORITIES IN KARNATAKA ARE COMPLYING THE ABOVE ORDER BY ISSUING CERTIFIED COPY OF DOCUMENTS UNDER RTI WHICH CAN ALSO BE ACCESSED UNDER ANY OTHER LAW

IMPACT OF KIC ORDER • PUBLIC AUTHORITIES IN KARNATAKA ARE PROVIDING FOLLOWING DOCUMENTS UNDER RTI WHICH CAN ALSO BE ACCESSED UNDER ANY OTHER LAW: • POST MORTEM REPORT & MAHAZAR REPORTS BY POLICE DEPARTMENT - UNDER CIVIL PROEDURE CODE • SURVEY MAPS, AAKAR BANDH, TIPPANI BY LAND SURVEY DEPARTMENT.

IMPACT OF KIC ORDER • BIRTHS AND DEATHS CERTIFICATE ISSUED UNDER BIRTHS AND DEATHS REGISTRATION ACT. • ORDERS ISSUED BY THE QUASI JUDICIAL AUTHORITIES.

FOCUS ON STAMPS & REGISTRATION DEPARTMENT • A book titled “RTI & SUB REGISTRAR” was published based on information collected through RTI from various offices of the Department. Compilation of important orders of Karnataka Information Commission brought qualitative improvement in implementation of RTI Act in the department WHICH ENABLE CITIZEN TO INVOKE RTI FOR SECURING LAND RECORDS.

MINIMUM DENIAL UNDER RTI • Publication of decided cases of Karnataka Information Commission reduced minimum denial of information by the Public information Officers.

1. Helped citizens in obtaining information related to Land Records from the Public Authority within the time limit. 2. High rate of disposal of RTI applications by Public Information Officers within the time limit.

RTI & LAND RECORDS • NOW CITIZENS CAN GET CERTIFIED COPY OF ANY DOCUMENT FROM THE DEPARTMENT WITHOUT VISITING THE SUB REGISTRAR OFFICE PERSONALLY. ALL CERTIFIED COPIES OF DOCUMENTS REQUIRED TO BE PROVIDED UNDER THE REGISTRATION ACT ARE ACCESSIBLE UNDER RTI.

IMPLEMENTATION OF PUBLIC RECORDS ACT, 2010 Follow up of implementation of Public Records Act 2010 was also made and ensured notification of Public Records Officer in Pubic Authorities for Proper maintenance of Records

RTI & GOOD GOVERNANCE • RTI BROUGHT CONSIDERABLE CHANGE IN MAINTENANCE OF OLD RECORDS SYSTEM BY PUBLIC AUTHORITIES. • STRINGENT ACTION INCLUDING PROSECUTION WAS INITIATED AGAINST PUBLIC SERVANTS WHO WERE FOUND RESPONSIBLE FOR LOSS RECORDS.

RTI & GOOD GOVERNANCE • ENSURES TIMELY DELIVERY OF LAND RECORDS. • ENSURES REDUCTION IN CORRUPTION AND HARASSMENT. • DECREASE IN LAND BASED LITIGATION

DEMAND BY CITIZENS ACTION : : STAMPS & REGISTRATION DEPARTMENT • ALL INFORMATION HELD IN ELECTRONIC FORMAT SHALL BE MADE AVAILABLE IN PUBLIC DOMAIN • IMMEDIATE DIGITISATION OF ALL OLD RECORDS PRIOR TO 2004.

DEMAND BY CITIZENS ACTION : URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA ALL PROPERTY DETAILS HELD BY CITY MUNICIPALITY, CITY CORPORTIONS AND BRUHAT BANGALORE MAHANAGARA PALIKE SHALL BE MADE AVAILABLE IN THE PUBLIC DOMAIN

THANKS PRESENTED BY B. H. VEERESHA MAHITHI HAKKU ADHYAYANA KENDRA (RTI STUDY CENTRE) KARNATAKA