2Taking a fresh look at land question Why ?Land reforms and other land issues have come to the center stage now under the UPA supported by the Left combine.Land reforms find a place in the CMP also as the Govt. is committed to economic reforms with a human face.Extremist outfits making vociferous demands for radical changes in the land policy of the state.And ultimatelyLand is critical for poverty reduction.
3Land- Why critical for poverty reduction ? Agriculture remains the prime source of livelihood for a vast majority of people living in rural areas.About 70% of the India’s population lives in the rural areas, of which more than 3/4ths derive their livelihood from land, wholly or partially.Land is still the pivotal property in terms of both income and employment, around which socio-economic privileges and deprivations revolve.Not only an economic and social but also a psychological capital.Issues involving land rights and land access may be complex – but they are too critical for long term development goals and cannot be ignored.
4So -Can the demands placed on the State for land reforms get translated into objective policies and programmes?What is the most feasible way in which the Govt. of AP can shape the land relations in the State to contribute to equity and efficiency in future?Are we taking sides with the most disadvantaged sections of the poor in promoting and protecting their rights with regard to the control and use of land?
5Taking sides with the poor What has been ?The Govt. has been striving to promote the rights of the poor with regard to landthrough land reforms and allied measures (as provided in the Preamble and under Part IV of the Constitution).also included in the 9th Schedule to ensure speedy and unhindered implementation of various legislative measures.shown interest in land redistribution, and formulated legislative measures to allot land as well to protect it from being transferred to non-poor.abolition of intermediaries, ceiling on landholdings and tenancy reforms were considered as 3 key elements.Simultaneously emphasis has been given to distribution of govt. waste lands and surplus landsThe largest body of land reform legislation ever to have been passed in so short a period in any country was in post independent India.
6Taking sides with the poor… Governments since inception in 1956 made efforts towards equitable distribution of lands through various acts of legislations and policy decisions likeAP Land Reforms (Ceiling on Agricultural Holdings) Act, 1973The AP (Andhra Area) Tenancy Act, 1956The AP (Telangana Area) Tenancy And Agricultural Lands Act, 1950The AP Assigned Lands (Prohibition Of Transfer) Act, l977A.P (Telangana Area) Abolition Of Inams Act, 1955AP (Andhra Area) Inam Abolition Act, 1956The Andhra Pradesh Rights In Land And Pattadar Pass Books Act, 1971The Andhra Pradesh Occupants Of Homesteads (Conferment Of Ownership) Act, 1976.AP Land grabbing Act, AP encroachment Act etc.
7Taking sides with the poor… But- the process of linking the land to the poor is far from completed though there are pro-poor Acts to facilitate land ownership by the landless poor .Despite the continuing efforts of government, even today, several field experiences and studies indicate that the end results have not been commensurate with the expectations.And the poor got disillusioned.
8Taking sides with the poor… Land Reforms- An unfinished agendaStarted with a great enthusiasm with an aim to make more rational use of scarce land resource with equity as the basis for its three key elements- abolition of intermediaries, ceiling on landholdings and tenancy reforms.The first of these could be implemented with a relative degree of success to the extent of doing away with the Zamindari and Inamdari systems, but not in improving the lot of the poor.Initially lakh acres were declared as surplus, later reduced to 8.01 lakh acres acres have been taken possession. Still 2.29 lakh acres are yet to be taken over.
9Taking sides with the poor… Out of the acres declared surplus, acres are stated to have been distributed to the poor acres are not distributed due to the following reasons.Under litigation in Courts acresUnfit for cultivation acresReserved/ Transferred for public purpose acresCovered under Misc. reasons/ administrative delay acresReadily available for distribution acres
10Taking sides with the poor… Why the surplus land is not available for distribution ?the large landholders have avoided the ceiling laws by partitioning their families in the land record while cultivating the land jointly.Higher limits of ceiling keeping in view ‘local’ considerations.litigation withholds a major part of the land in almost all the states.Sizeable area in AP has gone out of the total quantum of surplus land as a result of court decisions.a significant portion of the area declared as ceiling surplus is either unfit for cultivation or not available for distribution due to ‘miscellaneous reasons’.
11Taking sides with the poor… No. of cases were filed on wrong determination of surplus by the land reforms authorities by not verifying the status of legal heirs, gift deeds (Pasupu kumkuma to the married daughters), already transferred by sada bai nama to another party by declarant, non deletion of such lands covered by tenancy, Inam etc.A huge no. of cases are being ordered by the Courts in favour of the declarants due to delay in filing the counter by authorities, not furnishing the required documentary evidences to the Courts.
12Taking sides with the poor….. The Planning Commission Task Force and also a no. of studies mentioned the following, as the principal reasons for poor implementation of land reforms-lack of political willabsence of pressure from belowthe escaping attitude of the large landownersthe inherent loopholes and ambiguities in the legislative measuresapathetic attitude of the bureaucracy- slow proceedings at all levelsabsence of up to date land records andlegal hurdles in the way of implementation.
13Taking sides with the poor… Issues of TenancyTwo separate laws govern rural land tenancy in AP.Both laws regulate the landlord-tenant relationship by setting a maximum rate of rent and a standard lease period of 5 or 6 years.Both acts attempt to protect tenants from exploitative tenancy relationships.The Telangana Act is more radical prohibiting the creation of new tenancy-relationships, with some exceptions, and creating a class of PTs who have the right to purchase the land they work.In 1974, the Andhra Act was amended to bring it more in line with the Telangana Act. The Telangana Act, however, continues to grant tenants greater rights and protections.
14Taking sides with the poor… Issues of TenancyThe extent of Tenancy has increased sharply during the last 10 to 15 years due tothe migration of the rich farmers and landlords who preferred to lease out the land and charge exorbitant rents. (In Telangana, due to extremist problem)some small and middle peasants suffering due to high costs of production, unremunerative prices etc. leasing out their lands.in many parts of the delta area about 80% of the land is leased out.The poor tenants suffered asProvision was made for the termination of the tenancy and eviction of the tenant during the currency of the lease in case the tenant failed to pay the rent due or misused the land.The landlord was also permitted to take back the land from his tenant for “personal cultivation”, which was defined loosely.
15Taking sides with the poor… Issues of Tenancylarge-scale eviction of tenants took place in the guise of personal cultivation.No formal credit is available to the tenants, since tenancy was not recorded. So they have to borrow from the informal sector with usurious interest rates.Whatever crop insurance amounts paid for crop failure, went to the landowners. Insecure tenancies give rise to uncertainty. The tenant is not sure whether he will retain operation control over the leased parcelLimitations on capacity to undertake durable investmentlower productivity of land.
16Taking sides with the poor… Bhoodan Landsacres had been received in donation out of which acres were fit for cultivation acres were distributed so far acres are yet to be distributed.(A.P.Bhoodan Yagna Board, 2002.)About 40% of land collected through this scheme i.e. about 70,000 acres had been found either unsuitable for cultivation or under dispute.The donated lands were by and large of inferior types requiring substantial investment to make them worthy of cultivation
17Taking sides with the poor… Unsettled Inam Lands9,08,575 acres are settled so far under AP (AA) Inam Abolition Act, 1956, AP (TA) Inam Abolition Act, 1955, AP (TA) Inam Abolition Act 29/85.In Telangana area, thousands of acres are still waiting to be settled.Settling of Inams is not proactive. Only those who apply for the settlement get the occupancy rights and the land title settled in their name.Wherever special drives were conducted, the occupancy rights are not leading to final settlement due to non-payment of premium. As a result pattadar pass books are not being issued to the holders of ORCs.several decades have passed since the original inams were given. The only way of settling the Inam is by enquiry. It is only the older generation who are in the know of the family tree, legacy of land and other issues like transfer and sale of lands etc. In another 5-10 years time they may not be alive to give the total picture.
18Taking sides with the poor… Land Distribution among Scheduled Castes and TribesThe poorest among the poor in Indian society are largely from these groups.The incidence of landlessness is more pronounced among these groups, the bulk of whom are agricultural laborers having minuscule holdings/ sharecroppers/ insecure tenants.After 50 years of planned initiatives and policy measures, what is the landholding status of scheduled groups?
19Taking sides with the poor… Land Distribution among Scheduled Castes and TribesA majority of SCs (77 %) and STs (90%) are landless, without any productive assets and sustainable employment opportunities.(Ninth Five-Year Plan Draft , Planning Commission).Around 87% of the landholders of SCs and 65% of STs in the country belong to the category of small and marginal farmers(Agricultural Census ).64% of SCs and 36% of STs’ main workers are agricultural laborers as against 31% of others.(Census of India, 1991)The scheduled castes, with 16 per cent of the state’s population control only 7.5 per cent of the operated area in Andhra Pradesh. Compared with , in the increase is less than 0.5 per cent.
20Taking sides with the poor… What is the Status of the land distribution to the SCs ?Out of the acres of Govt. land distributed so far, acres were distributed to the SCs i.e. 22% of the total land distributed.6,51,725 SCs got land assignment out of a population of 1,23,39,496 i.e. only 5% of the SCs were covered under the land assignment programme of the Govt.According to one estimate, about 5.00 lakh acres only are held by the SCs now though about lakh acres had been distributed to the SCs from 1969 to 2000.
21Taking sides with the poor… Status of the land holdings of the SCs 1961 Census1991 CensusSC Population49,73,0001,05,00,000People able to work30,62,00051,71,920Land owners/cultivators7,59,000 (23% of the able workers)6,60,585 (12% of the able workers)Agricultural laborers17,56,908 (57%)37,26,590 (72%)About One Lakh SCs lost land.Of the people who are able to work, only 12% are holding lands. It hasdecreased from 23% in 1961.The % of agricultural laborers has drastically increased from 57% in1961 to 72% in 1991.50% of the holdings of the SCs do not have any irrigation facility.
22Taking sides with the poor… How average holding has decreased?Average Holding of the SCsAverage holding of the STs1.19 hectare2.33 hectare1.06 hectare0.9 hectare0.91 hectare0.83 hectare1.44 hectare* As per the Agricultural Census of which is published recently.
23In the Land distribution programme from 1969 till date, “others” were benefited more in terms of numbers and extent compared to SCs/STs/BCs.Whether it is allotment of Govt. land/ ceiling surplus land/ bhoodan land, ensuring physical possession of it becomes a major problem.In many places pattas were not issued even after several years of allotment of land which invariably leads to several kinds of litigation.Substantial extents of lands, which had been assigned to the landless poor, have actually been alienated and ended up in the hands of non-poor.Though Act 9 of 77 prohibits transfer and restores the possession back to the assignee evicting the encroacher, this option is rarely resorted to.
24Taking sides with the poor… Tribal Land IssuesTribals cultivating land cleaning forest within their customary norms and practices without any experience of landlessness, were compelled to work as laborers in their own land.Strong discontentment and the simmering tensions culminated in rebellions one after another.Despite the provision for prevention of land transfers from tribals to non-tribals, land alienation through debt mechanism, tenancy and other dishonest practices continued unabated.The survey and settlement regulations of the Govt. had given scope for the non-tribals to claim legal right over the landsAbout 3.00 lakh acres is estimated to be under the occupation of tribals from ages which is claimed to be forest land.
25Taking sides with the poor… Tribal Lands AlienationIn Andhra Pradesh land alienation among the tribals is remarkably higher both in terms of area and number.Lot of manipulations have been done from 1917 onwards from which time the Govt. had started making special enactments for the agency tracts.Despite Land Transfer Regulations, non-tribals hold as much as 48% of the lands.During the survey and settlement period i.e – 76 in the agency areas, most of the land belonged to tribals was surveyed in the name of non- tribals under Ryotwari Settlement Regulations 2 of 69 and 2 of 70. Non- tribals managed to get settlement pattas over the land of tribals.
26Taking sides with the poor… Tribal Lands AlienationA large number of registered land alienation cases have been rejected and many of them are also pending in court.In AP, out of the cases filed 48.18% (involving 52.2% of area) have been rejected and went against the tribals are pending in Courts.(Annual Report , Ministry of Rural Development, Government of India)Moreover, many of the land alienation cases are also unreported and unregistered.In many cases though the land is owned by a tribal it is occupied and cultivated by non-tribals.In cases where orders were issued in favor of the tribals, the orders were not implemented and the lands continued to be under the virtual control of the non-tribals.8,27,076 STs out of a population of 50,24,104 i.e. only 16.46% of the STs were covered under the land assignment programme of the Govt.
27Taking sides with the poor… Status of LTR implementationSl. No.Item1No. of cases detected74876Extent (in acres)3299612No. of cases disposed63172Extent2745983Land Restored to tribals311114Balance to be restored298850* TCR&TI
28Taking sides with the poor… Sada bainama TransactionsThousands of poor have bought the lands from the landowners about years ago, on plain paper (sada bai nama) and are in physical possession of these landsAs the purchase transaction has taken place on plain paper these lands are not registered in the names of the poor.The cut off date for filing application for regularizing such transactions was Due to ignorance of the provision or lack of resources, the poor could not regularize their purchase of lands.Thousands of acres are involved in Sada bainama transactions in almost all the districts. Guntur is reported to have 45,000 acres involved in such transactions.Thousands of poor are not legal owners of the lands they bought.
29Taking sides with the poor… Lands of the poor locked in CourtsAt Hyderabad, the capital city of AP there are at least 8,000-10,000 land cases and issues of the poor in the various courts- the High Court and other Apex Courts at the Govt.level.At District Level, a conservative estimate is that there will be another 5000 cases pending in the Courts of MRO/RDO/JC in each district.The average age of a case is 10 years. Each case travels through the various lower courts to arrive at Apex court, adding another 5-10 years to the age of the case.Due to time pressure and the multifarious tasks, the revenue magistrates are not able to hold the courts regularly, leave alone dispose of the cases.Increasing interference of civil courts in revenue issues is further compounding the issue.Many of the land cases will be eventually leading to a criminal case. There many instances where people are approaching the police for getting relief in a land dispute.A poor man waits nearly years for justice
30Taking sides with the poor… Lands of the poor locked in Courtstechnicalities with regard to the management of cases are not taken care of.Lists of pending cases are not available in these offices and sometimes the old case files are not traceable.The improper maintenance of files leads to one case being in different files leading to parallel orders, two to three cases found in one single file etc.There is no standard format to maintain case files and categorize them.The poor lose out because of lack of legal awareness, an indifferent system, long pendency and non-availability of legal assistance
31Taking sides with the poor… Other Land IssuesAbout 38 categories of land are available in the villages.Thousands of acres of Endowment lands are under the occupation of non-poor.Thousands of acres of Lanka lands are under the occupation of poor.CJFS lands.Updation and Maintenance of land records and making them available to the public.(It has been estimated by reputed agencies that India loses 1.3 per cent economic growth annually as a result of disputed land titles, which inhibit supply of capital and credit for agriculture)
32Fair distribution of land is not possible through mere legislative measures. The law, however well framed cannot succeed in the absence of an active socio-political organization to help the underprivileged assert their rights over land.
34Elements of Sub-division Plan STAGE IMapping Land IssuesThe first stage in the sub-divisional action plan will be to map comprehensively the land issues in the subdivision. For this village-wise details of various types of land issues shall be captured.b. Time period required : 1 month. By march 25th this exercise shall be completed for the subdivision.
35Elements of Sub-division Plan c. Physical Inventory of Lands in the subdivision:Details of land issues in the subdivision shall be captured from village wise detailed physical inventory of lands. (Proforma enclosed)i. A time bound plan forming special teams of revenue, survey and members from NGOs working on land issues to cover all villages in the sub division shall be prepared.ii. These teams shall be trained in doing physical inventory of lands in the village.iii. Following details shall be captured .
36Elements of Sub-division Plan Details of Village wise land issues in the sub division :i. Government lands (Poramboke lands ,Bhoodan lands, )Extent of Government landsExtent of Government lands assignedExtent of lands in possession of the original assigneeExtent of lands not in possession of eligible encroachersExtent of lands in possession of the ineligible encroachersExtent and status of lands not assignedExtent of lands available for assignmentDetails of pattas issued but physical possession not shownEligible Shivaijamadars in cultivation of landsExtent of lands under the ‘un assignable category’ in occupation of the poor
37Elements of Sub-division Plan ii. Inam Lands / Estate LandsExtent of Inam/Estate landsExtent and details of unsettled Inam/Estate landsiii. Endowment landsExtent and details of endowment lands in occupation of the pooriv. Revenue –Forest Border dispute landsExtent and details of lands under forest-revenue disputes.
38Elements of Sub-division Plan v. Ceiling LandsExtent of lands declared surplus in form 10Ø Extent of lands taken possessionØ Extent of lands assigned to the poorØ Extent of lands not assignedØ Extent of lands not taken possessionØ Extent of land which is ceiling surplus but not declaredsurplus.vi. Forest Lands under occupation of poorExtent of lands under occupation of the poor
39Elements of Sub-division Plan vii. Lands of poor under sadabainama transactions :Details of lands of poor under sadabainamatransactionsviii . Extent and details of Lanka lands :ix. Extent of lands in the Revenue courts:x Extent of lands in civil courts : xi. Details of Common Property resources :
40Physical Verification Stage IIPhysical VerificationStage IIIAction Plan for resolving issues