indira kranthi patham land pilot. outline of the presentation rationale for land pilot an overview...
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Indira Kranthi PathamIndira Kranthi Patham
Land PilotLand Pilot
Outline of the PresentationOutline of the Presentation
Rationale for Land Pilot
An overview of Land Purchase and Impact Study findings
An overview of Non-Land Purchase activities and findings
from Impact Studies
Need for scaling up the Pilot
Enabling atmosphere for scaling up
Scaling up Strategy
Expected outcomes
Budget
Rationale for Land PilotRationale for Land Pilot
Access to Land and Poverty Reduction
Land still an emotive issue in rural areas
Possession of “Bhoomi” is not just economics.
It is a symbol of dignity. It is self-respect, it is politics, it is power. It makes you or unmakes you. You are worth the earth you possess..
A budget outlay of 52.6 crore for
Land Purchase Non- Land Purchase (Land access)
activities
Objectives Purchase best quality lands for the poor Secure land rights to the poor through a multi pronged approach by putting in
place support mechanisms.
Land Purchase- Strategy Land Purchase- Strategy followedfollowed
Purchase of Lands
falling in the command area of the Major and Medium Irrigation Projects.under those Minor Irrigation sources, which have assured water supply.in Categories III and IV Mandals of Ground Water potentiality.Fruit bearing orchards.
FeaturesFeatures
Only productive lands under assured sources of irrigation.
Beneficiaries all poor landless often working as laborers on the same lands. first time owners of the land.
Purchasers derive immediate incomes.
Purchase process totally community driven.
VOs play leading role in identifying the lands, negotiating rates etc.
Lands registered in the names of the women only.
Stamp & Registration fee & Transfer duty exempted by Govt.
Lands Purchased so farLands Purchased so far 3178 acres of land purchased by 3436 landless poor women investing Rs.1993 Lakh.
Land Purchase StudyLand Purchase Study
Study by Indian Institute of Dalit Studies,
New Delhi
ObjectiveObjectiveTo Study economic benefit in terms of income accrued from the land. Impact on vulnerability and human
development aspects. Social empowerment.
SampleSample 223 households from 4 villages of
Mahaboobnagar, Nalgonda, Guntur and Prakasam districts
63 IKP land purchase beneficiaries
36 IKP non-land beneficiaries
69 Non-IKP land beneficiaries
55 Landless poor
MethodologyMethodology Personal interviews with selected sample
stakeholders and FGDs Physical and financial performance of IKP
Land Purchase programme and data from NSSO.
Study Sample and MethodologyStudy Sample and Methodology
Impact on IncomeImpact on Income
Average net income for aggregate of all groups is Rs.7501 per cropping season. Varies from Rs.7,700 in Mahaboobnagar to Rs.14,270 in Prakasam.
Average net income earned by SCs in one cropping season is higher i.e. Rs.8388.
Income increased in all the sample households by 30% to 75% after the intervention.
Shift in source of income from wages to farm produce.
Decline in the wage income in majority households. Overall income from cultivation accounts for 65 to 80 % of total household income.
Prior to intervention, IKP land beneficiaries were totally landless dependent on agri. labor, facing uncertainties in access to food, employment, credit etc. Short term seasonal migrations also.
After the intervention, 76% of them are food secure. It is lesser in other categories.
VulnerabilityVulnerability
Seasonal Migration has come down and is least among IKP land beneficiaries.
IKP Land beneficiaries
4.76%
IKP Non-Land beneficiaries
22.22%
Non- IKP Land beneficiaries
30.43%
Landless Poor 45.45%
Human DevelopmentHuman Development
IKP Land beneficiaries
50.79%
Landless Poor 38.18%
IKP Land beneficiaries
66.67%
Landless Poor 50.91%
Improvement in access to health and education.
A positive shift from child labor to school education
Can manage expenditure on health.
Social EmpowermentSocial Empowerment
21% of beneficiary households are elected to Panchayat.
Significant percentage hold some posts in CBOs.
IKP Land beneficiaries 65%
IKP Non-Land beneficiaries
22.22%
Non- IKP Land beneficiaries
1.45%
Landless Poor 5.45%
Non-land purchase Non-land purchase activitiesactivities
Strategy followedStrategy followed
Institutional mechanism for convergence between IKP and
Revenue Department- G.O.Ms.No.1148
Positioning a sensitive cadre of officers who are insiders to
the Department working on the side of the poor
Convergence with Survey and Tribal Welfare Departments
Partnership with Civil Society Organizations
Partnership with Law Colleges
Creation of awareness about land rights in community
Work done so farWork done so far
IKP has secured land rights over 76,050 acres to 50,700 poor.
Land data banks compiled for 268 Mandals. Preparation and follow up on Sub Divisional Land Action Plans- fed into the Govt. Land Distribution Programme.
Trainings to the Revenue officers by APARD in partnership with the CCLA.
Training of community in 7 districts.
Work done so farWork done so far
Legal Assistance Pilots in Kadapa and tribal areas of Utnoor, Eturunagaram, Bhadrachalam and West Godavari.
Physical Inventory of lands and Scrutiny of LTR cases in Tribal Areas.
Paralegals and Community surveyors.
Assistance to the Land Committee appointed by Government.
Strategy different as IKP worked both on demand side and at policy level.
StudiesStudies
Studies conducted on
Physical Inventory
Work on Tribal Land Issues
Legal Assistance Programme for Land
Study of physical inventoryStudy of physical inventory
ToR- to test the following hypothesesToR- to test the following hypotheses Preparation of physical inventory secured rights
and titles over the land and helped in getting physical possession.
Long pending issues were identified and settled as a result of the Inventory and other necessary support in the form of providing trained community surveyors.
SampleSample Case studies from two Villages of Rangareddy
and Warangal districts Survey done by community surveyors in
Visakhapatnam
MethodologyMethodology FGDs and Case Studies
Physical inventory in RangareddyPhysical inventory in Rangareddy
About 10,000 acres of Government land assigned to the poor alienated. 6,800 persons acquired it illegally. Government took up 2,500 cases involving 4250 acres. Orders were passed in 451 cases covering 840 acres.
In addition, 3,171 poor cultivating 5057 acres of land but did not have title were given pattas.
Tallapalligudem (v), Manchal (M), Rangareddy-Tallapalligudem (v), Manchal (M), Rangareddy-
Land cleared by the poor 34 years ago and later claimed by the Forest Department.
After a long struggle Collector permitted for distribution in 1996 but no action was taken.
IKP took up the issue and 246 poor could get ownership over 414.02 acres.
FindingsFindings
Kothur (v), Khanapur (M), Warangal-Kothur (v), Khanapur (M), Warangal-
The land issue was pending for more than 40 years.
348 acres of land was cleared by the poor and later was claimed by non poor, who got pattas and sold them.
After the inventory 49 poor got pattas over 40 acres. Remaining land under process.
Other Villages- Other Villages-
Inventory in another 4 villages brought out that 5196 acres of land under cultivation of the poor is claimed by the Forest Department. And the issue pending for more than 35 years now.
Impact of Community Surveyors in Impact of Community Surveyors in Visakhapatnam-Visakhapatnam-
23 rural poor youth were trained in survey.
After the inventory, 11,500 acres of Government land detected for assignment.
Survey done and 11,175 acres were assigned to 8,603 land less poor.
Later 7 community surveyors were engaged by PO, ITDA, Utnoor and another 10,000 acres were surveyed and assigned to the poor.
The inventory, prepared at a time when the land records were in poor shape and the department shifted focus to other issues, has brought into light many issues relating to assigned lands.
Follow up on the inventory along with providing support in the form of community surveyors helped the poor in getting secured title/ possession.
Study of work on Tribal Land IssuesStudy of work on Tribal Land Issues
ToR- testing the following hypothesesToR- testing the following hypotheses The strategy of evolving tribal youth/women as
Paralegals is effective in mapping and addressing land issues of the
tribals Physical inventory enables to identify problems that
limit effective land access and utilization by the poor Establishing and strengthening legal aid clinics in law
colleges aids in providing access to the tribals to justice.
SampleSample 4 villages in agency areas of Utnoor and K.R. Puram. 60 cases scrutinized in which appeals can be preferred /
already preferred
MethodologyMethodology FGDs with officials , Paralegals, Mandal Samakhya and
Village Organizations and tribals & Data from ITDAs
Sl. No.
Agency % Of Tribal Population
1991 2001
1 Utnoor 43.97 32.62
2 K.R. Puram
43.15 43.89
Sl.No.
Utnoor K.R.Puram
1. Total LTR Cases booked
7493 11162
2. Cases disposed 7010 7601
3. In favor of tribals
3718 2456
4. In favor of non tribals
3292 (47%)
5145 (68%)
Utnoor AgencyUtnoor Agency
1371.28 acres of Govt. land in Vankamaddi and 20 acres in Marlawai are under tribal cultivation and pattas to be issued.
In Shivnoor, Gonds are cultivating a land belonging to a Non-tribal who is a Farari Pattadar for decades.
In Gowri, Non-tribals have occupied Kolam lands forcefully.
After a prolonged legal battle, Smt Manku Bai’s family was restored the lands under occupation of a non-tribal. The Mandal Samakhya proudly quotes this achievement.
Mandal Samakhyas are aware that non-tribals can not own land in scheduled areas and if they own, they should prove it legally. They are sure that the tribals who lost lands should get them back and wanted that the tribals cultivating government lands be given Pattas on priority.
K.R. Puram agencyK.R. Puram agency
Palakunta (V), Buttayagudem (M)
Only 29 persons have PPBs. Some tribals assigned lands in 1988 were not given Pass Books till today. Many families assigned lands in 1998 but lands were not shown to them till now.
One non-tribal ex-Village Officer owns 100 acres which are not reflected in Adangal. It was discreetly informed that such deliberate omissions by Village Officers are very common.
Ammapalem (V), Buttayagudem (M)
Large areas under occupation of non-tribals are not shown in the Adangal and not covered by LTR cases.
Pattas were distributed in special land assignment programme in 2005 but land was not physically handed over to tribals so far .
Legal Aid ClinicsLegal Aid Clinics
The Cases decided in favor of non-tribals and appeal cases were analyzed by students of Law Colleges. Appeals are under preparation in 150 cases in Utnoor and 180 cases in K.R.Puram.
For cases pending in apex courts, no stay orders were issued but still the orders in favor of tribals not implemented on the plea that they are pending in these courts.
Out of 30 cases pending in High Court, 26 are pending for more than a decade.
Analysis of 60 cases shows that the cases are simple in nature and benefit the tribals if officials produce correct records before courts. The benefit is going to non-tribals by default for several years.
FindingsFindings
Paralegals system is effective asParalegals system is effective as They are from the local community and
enjoy confidence of the people. They are able to compare the data
available on record with the actual field situation. Thorough discussions are also held with the community who supported during the physical inventory.
Physical inventory is a great revelationPhysical inventory is a great revelation
Legal Aid Clinics in law colleges help in Legal Aid Clinics in law colleges help in scrutinizing the cases and filing appealsscrutinizing the cases and filing appeals
Study of Legal Assistance ProgrammeStudy of Legal Assistance Programme
ToR- to test the following hypothesesProviding legal aid enabled the poor to fight out their land cases. The system of paralegals is effective in facilitating poor in getting access to justice.Existing land dispute adjudication system adopted poor-friendly methods resulting in speedy disposal of cases.
SampleRajampet Revenue Division of Kadapa district
MethodologyFGDs and Case Studies
Most of the land cases are related to assignment lands or RoR.
In every village about 30% - 40% people require legal support in land cases.
Statutory and constitutional provisions are there, still access to justice remains a dream.
Budget allocated for legal service authorities by the Union Government for 2001-02 was Rs.3 crore only. A state govt. get about Rs.10 Lakh per year.
Even the available legal aid is practically not available in revenue courts.
Lok Adalats mainly cover certain categories of disputes like insurance claims, consumer cases and marital cases etc. Land disputes coming to Lok Adalat is very rare.
Findings
About 75 land cases (about 1,000 acres) were settled in Kadapa district and all these case were settled in village courts.
Legal aid clinics are established in Law Colleges. Increasingly law students are showing interest in the programme.
A cadre of community based Paralegals are playing key role in helping the poor in solving their cases.
Village Courts were successful in settling land cases of the poor.
Mere providing of services of a lawyer or court fees will not suffice.
Changes in formal court system (speedy trial, Lok Adalats etc.)
Legal awareness should necessarily lead to legal empowerment.
Information centers to provide easy access to information, records etc.
Possibilities of institutionalizing the role of paralegals. (In tribal areas “Sanad” for paralegals).
Legal aid clinics established can be made permanent institutions with the intervention of State Bar Council.
LearningsLearnings
Need for scaling up Non-land purchase Need for scaling up Non-land purchase activitiesactivities
Most of the lands assigned to the poor are not with the poor.
Thousands of Cases involving the lands of the poor are locked in various Civil and Revenue Courts. A poor man waits nearly 10-15 years for justice.
Tribals are losing lands, more than 50% of lands are in the control of non-tribals.
More than 50% of the cases booked under LTR go in favor of non-tribals and they do not have any legal support.
About 50% of the land issues involve survey and demarcation of land. Due to shortfall of departmental surveyors issues are pending.
Out of 1615 posts of surveyors and deputy surveyors, 655 are vacant. Out of 960 who are working, most of them are attached to the new irrigation projects.
Enabling Conditions for Scaling UpEnabling Conditions for Scaling Up
Strong CBOs proactively engaged in dealing with all issues of poverty.
They are handling HR effectively.
CRP strategy followed by the Project proved successful.
Govt. Support.
Revenue
Judiciary
Pilots have established the processes of resolving the land issues.
Scaling up StrategyScaling up Strategy
Planned in 826 Mandals. ParalegalsLand Rights and Legal Assistance Centers in ZSLegal Coordinator Panel of Lawyers Partnerships with Law Colleges
Community Surveyors
Land Centers in APARD and NALSAR University of Law G.O.Ms.No. 312 and 313 issued by the Government.
Working ModelWorking Model
Identification of land issues of the poor
Working partnership with Revenue Department/LSAs
Speedy disposal of Cases in Courts
Legal aid
Land litigation free villages
Discussion in the CBOs. Functional sub-committees.
Legal awareness leading to legal empowerment.
StatusStatus
Taken up in the first phase in 418 MandalsParalegals positioned in 255 Mandals in 13 districts and are under immersion with CBOs. 3 Phases of Trainings planned22 Legal Coordinators selected and trained by NALSAR University of LawLand Managers positioned in 13 districts 106 Community surveyors trained at APSTA and sent back for apprenticeship. Another 102 under training. Training modules and Handbooks are under preparation
Expected outcomes in the next one yearExpected outcomes in the next one year
Access to Land provided for 12,000 acres (approximately Rs.60 crore worth of lands)
Legal aid in 1000 cases
Land Records will be made available to the CBOs
Physical inventory of all assigned lands
3 villages in every Mandal to be made as land litigation free villages (2478 villages in total)
30 community members in every Mandal will be legally empowered (25,000 members in total)
Possible opportunitiesPossible opportunities
Occupancy rights and title to the occupants of Inam Lands for more than one Lakh acres.
Regularization of white paper sale transactions can result in Lakhs of poor becoming legal owners of the lands.
The Land Committee is submitting its report to the Govt. If the recommendations are accepted, IKP can facilitate Ownership rights to about 5,00,000 Lakh
Protected Tenants in Telangana Securing lakhs of tenants in Andhra Area access
to credit.
Overview of the BudgetOverview of the Budget
Sl.No.
Land Purchase
Non-Land
Purchase
1 Total Budget 5260
CIF 4734
2 Expenditure made 1993 202
3 Budget allocated for 06-07
2000 1229
4 Budget required from Apr, 2007 to Sep, 2008
2000 1200
(In Lakhs)
Thank YouThank You