Workshop Land Records and RTI July 15 2017

Workshop Land Records and RTI July 15, 2017 Dr. Reshmy Nair Professor Centre for Excellence in Management of Land Acquisition, Resettlement and Rehabilitation, ASCI, Hyderabad reshmy. asci@gmail. com/reshmy. nair@asci. org. in

The Right to Information Act (RTI) RTI is a Legislative acknowledgement of: Presumption of releasibililty of agency held information. Benefits of Transparency Importance of Meaningful Public Participation

Transparency in Land Management LAND • Central to the identity, culture and livelihood of majority of people in India • India is a federation of states with different: • Levels of rights over land ownership, usage, revenue • Rules & regulations that govern different types of land–agricultural/urban etc • Ownership documentation records • Quality of land records Transparency • Adverse impact of poor land records on GDP • Promotes inclusive and participatory decision making in developmental initiatives • Improves access to information to general public about government rules/ decisions. • Creates a solid foundation for more informed land negotiations/reduced risk of instability around land based investments.

Land Record Issues for Development Projects Unmatched land extents–Village Records & Pattadar Passbooks Unclear status lands Difference in land category in records and actual and use Landowners and Users (Enjoyers) Land continues to be notified in the name of deceased person Multiple claimants in some survey numbers. Distribution based on Vansavali ( kin and Kith) is not recorded and gross mismatch with sale purchase Change of ownership from community land to private ownership Registered sale deed not always recorded in Records of Right

Judgment of Central Information Commission on Land Records Appellant : Mr. Surender Pal Singh ; Respondent : SSDM GNCTD, Delhi. Date of decision : 29 12 2014 • Land records containing the names of different owners and describing boundaries and extent of the land are public records and the informationsuch as names of person s and the extent of land owned or possessed by the public authority is neither private inform ation nor 'third party' information. • The public authority to inform the Commission about steps initiated to introduce complete transparency in land records before 31 st December 2014.

Transparency in Land Management CIC Recommendation: Display land records on prominent walls of villages Advantages • 1. Difference In Notifications & Existing Records: Curbing Petty Corruption • 2. Categorization Of Land & Land Valuation: Fair Land Price Determination • 3. Owner Enjoyer Issues: Capturing Livelihood Dependents • 4. Land reforms and transparency in land records – smoother move to Torrens • EXERPTS FROM STUDY REPORTS LAND RECORD ISSUES • EXCERPTS OWNER ENJOYER ISSUES. DOCX

Transparency in Land Management-Way Forward 1. Spirit of RTI: Voluntary Publication of information that is not ‘RTI Exempted’ 2. Mandated by Statute: The RFCTLARR Act, 2013

Engagement with citizens have been enshrined in RFCTLARR Act, 2013 The RTFCTLARR Act 2013 stipulates ü Consultation with institutions of local self government /communities ü Consent from land owners for private/PPP projects ü Adopt a more humane approach ü A participative process ü An informed process ü A transparent process

The RFCTLARR Act, 2013 -Mandatory Requirements I Mandatory Publication in the Website of Appropriate Government ü SIA Notification ü Publication of the SIA Study ü Recommendation of Expert Group appraising SIA Report ü Decision of appropriate government on SIA Study ü Publication of Preliminary Notification (PN) ü Approved R & R Scheme ü Final Declaration ü Decision of government to extend date of PN/Declaration/Awards ü Notice to ‘persons interested’ for claims to compensation/R & R ü Land Acquired and Compensations to each individual landowner

The RFCTLARR Act, 2013 -Mandatory Requirements I Mandatory Publication in the Website of Appropriate Government ü SIA Notification ü Publication of the SIA Study ü Recommendation of Expert Group appraising SIA Report ü Decision of appropriate government on SIA Study ü Publication of Preliminary Notification (PN) ü Approved R & R Scheme ü Final Declaration ü Decision of government to extend date of PN/Declaration/Awards ü Notice to ‘persons interested’ for claims to compensation/R & R ü Land Acquired and Compensations to each individual landowner

The RFCTLARR Act, 2013 -Mandatory Requirements Mandatory Notifications in Local Language in Office of DC/SDM/Tehsil/LG (Besides Gazette Notification and New Paper Publications) ü SIA Notification ü Publication of the SIA Study ü Recommendation of Expert Group appraising SIA Report ü Decision of appropriate government on SIA Study/Land Acquisition ü Publication of Preliminary Notification (PN) ü Approved R & R Scheme ü Final Declaration

RFCTLARR Act: Mandatory Consultations and Public Hearing Consultation Gram Sabhas or Panchayats /Municipalities/Municipal Corporations must be consulted • Time of SIA study, S. 4(1) • Draft R & R scheme, S. 16(4) Post implementation social audit, S. 44(3) A public hearing must be held on • Draft SIA and SIMP, S. 5 • Draft R & R Scheme, S. 16(5)

RFCTLARR Act: Other Mandatory Requirements Minimizing Land Utilization of Existing Lands Government to pre pare district level Inventory of Waste, Barren and Unutilised Land to update the inventory from time to time. Stringent and Comprehensive Penalties Regime for Companies and Government: Punishment for false information, mala fide action, etc. Penalty for contravention of provisions of Act.

Dimension of Transparency and Accountability in Resettlement Accessible Information disclosure Participation & Prior notice consultation Transparency in determining eligibilities & disbursing entitlements In local language Monitoring & oversight Grievance mechanism Accessible Periodic Updated Inclusive Internal Compensation payment Fixed day Fixed site In villages Presence of NGOs Choice for relocation economic rehabilitation External/third party Community oversight Multi layer Timely and responsive 14

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