Govt. of Telangana2014

IKP – SERPLand Access for the Poor

Possession of Land is not just economicsIt is a symbol of dignityIt is self-respect, it is politics, it is powerIt makes you or unmakes youYou are worth the land you possess

Land: Critical for Poverty Reduction

• Secured land title and secured possession become very important for the rural poor to tap different sources of investment to increase the productivity and thereby incomes

• Since poor find it difficult to resolve the issues by themselves, they needed easily accessible professional support

• SERP put in place sensitive land support mechanism in 2006-07 by positioning Paralegals and Community Surveyors in 152 mandals

• Policy advocacy also happened in parallel• G.O.Ms.No.1148 and 69 issued by Govt. for

convergence between SERP and Revenue Department• Govt. also appointed Koneru Rangarao Land

Committee to look into all land issues of the poor

Issue-Free Land: prerequisite for development

1. Strong legacy of pro-poor land legislations

2. Focus on 3 Key areas:

abolition of intermediaries, tenancy reforms and land ceilings

Land Reforms -A Snap Shot

Strong Legacy of Pro-poor Land Legislations

AP (Telangana Area) Abolition Of Inams Act, 1955 AP (Telangana Area) Tenancy and Agricultural Lands Act,

1950 AP Land Reforms (Ceiling on Agricultural Holdings) Act,

1973 AP Scheduled Areas Land Transfer Regulation, 1959 as

amended in 1970, 71 and 78

AP Rights In Land and Pattadar Pass Books Act, 1971

AP Occupants Of Homesteads (Conferment Of Ownership) Act, 1976

AP Assigned Lands (Prohibition Of Transfer) Act, l977

AP Land Grabbing Act, AP Land Encroachment Act etc.

AP Land Licensed Cultivators Act, 2011

Last Mile ChallengesFor poor, legislations are not an end by themselves

Assigned lands

• Pattas are given, but possession not shown• Succession not implemented• Alienated lands not resumed and restored even

though prohibition of transfer is in place

Govt. Lands

• Pattas are not given even though poor are in occupation of unobjectionable lands

Patta Lands

• Lands bought by the poor on plain paper (sadabainama) yet to be regularized

• Mutations not effected

Ceiling Surplus

• Provisional Pattas are given which need to be converted into D-Form Pattas

• Lands in occupation of Pattadar in some places

Land Problems faced by Poor

BhoodanLands

• No records• Bogged down with many issues

Inam Lands

• Still waiting to be settled in Telangana region

Endowment Lands

• Under occupation of non-poor in many places

Other Issues

• Lands wanting Survey• Lands of the poor locked in courts for ages• Rastha/ burial ground issues• House site issues

Land Problems faced by Poor

Land Problems faced by PoorTribal Lands

Land Deprivation- Critical Poverty Dimension

LandlessnessLandlessness

PattalessnessPattalessness

PossessionlessnessPossessionlessness

Land in litigationLand in litigation

• Total Disempowerment

• Insecurity• Inaccessibility to credit• Ineligibility for entitlements

All the above drain the poor both economically and psychologically

• Insecurity• Nil impact on livelihoods

• No peace of mind• Unbearable legal expenses

SERP - STRATEGY

• Realizing the importance of land as a critical resource for the poor, Land programme was taken up as an important component to help poor families gain access to land and increase their income in two important and innovative ways:

• (1). Through negotiated purchase of agricultural land from willing private sellers, and

• (2). Through providing land access services to families that seek to exercise existing legal claims to lands that they have. This is done in convergence mainly with the Revenue Department.

• To facilitate landless poor to become owners of productive lands wherever Govt lands are not available, SERP has purchased 1772 acres of cultivable agricultural land from willing private sellers and provided to 2142 families with an amount of Rs.1117 lakhs during 2004-2009.

• It is proposed to purchase land for 5775 SC families and 1092 ST families in 2014-15 under new land purchase scheme, subject to the allocation of funds to SERP under SCSP/STP.

LAND PURCHASE SCHEME

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Land Access : VisionEvery poor person owning or enjoying a piece of land should have

Title document in hand

Land safely in possession

Entry as owner and enjoyer in every key revenue record

developed and yielding incomes

Land Access Model of SERP

Capacity Building of Paralegals

• Paralegals recruited by way of notification, written test and interview

• Initial training of one month in the districts including village stay

• Training at AP Academy of Rural Development, Hyderabad for 5 days

• NALSAR University of Law conducted Paralegal Certification Course for 10 days

• Continuous capacity building at district land centers every fortnight

Trainings covered basics of lands like types of lands and land records, land enactments, procedures, identification and resolution process of land issues

Capacity Building of Community Surveyors

• Youth having technical qualifications were recruited as Community Surveyors by way of notification, written test and interview

• Trained for 2 months in cadastral survey in AP Survey Training Academy, Hyderabad

• 12 months apprenticeship with departmental mandal surveyors in districts

• Department of Survey issued licenses free of cost

Training Material Developed

Land Issue Identification & Resolution Process

SC/ST Land Inventory

• Land Access Phase I work revealed that 2/3rds of the poor suffering from land issues belonged to SCs/STs

• KRR Land Committee, whose report and recommendations were accepted by GoAP, focused on how land ownership is eluding SCs and STs and the corrective measures to be taken

• SCs and STs are the ones suffering most due to lack of access to knowledge and information about their land rights

• Revenue records do not give land information pertaining to SCs/STs as they have no caste field

• Land Database of SCs and STs is required also to fulfill the entitlement of land development under MGNREGA. Hence taken up this task.

Inventory Process

Inventory Coverage

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• For the first time land ownership and enjoyment data of SCs and STs is collected and physically verified

• Inventory data formed the basis for

• Works on 12.6 lakh acres with investment of Rs. 3725.8 crore under MGNREGA

• Providing irrigation facilities to 4.2 lakh acres of SC/ST lands under Indira Jala Prabha, with an investment of Rs.756 crore

• 11.6 lakh land issues of 10.7 lakh Poor families (involving 10. lakh acres) identified and being followed up for resolution

Inventory Outcomes

Inventory Outcomes - No. of poor Identified with land issues

Resolution of Issues identified from Inventory

• Revenue Department conducted Revenue Sadassulu between January to March, 2012 and 2013

• SERP submitted the village wise lists of SC/ST families along with their land issue information to the Tahsildars

• SERP also facilitated filing of individual representations by the SCs, STs and Other Poor.

• Land Issues resolution is being tracked through online web application at www.serp.ap.gov.in/Bhoomi

Total Land Issues identified 1161953

Land Issues updated in web application

1161953

Land Issues resolved out of updated

981327

% of resolution 84%

Resolution of Issues identified from Inventory

• Recently CCLA’s office gave access to land records data: separate SERP Logins are given in “Mee Seva” web application to all the districts enabling them to verify whether the poor people’s lands are correctly recorded in Land Records.

• Commissioner, Survey & Settlements have supplied FMB/Tippons to all Mandal Samakhyas.

• Apart from training IKP land staff and Land sub committee members, SERP has created awareness among 189662 youth in 2013-14 on importance of land, land issues and its resolution

• Along with pending issues from Inventory, SERP is planning to take up critical land issues during next round of Revenue Sadassulu

Progress in Resolution of Land Issues

  Category identified resolved % Resolved

1 Assignment related 12830 5576 43.52 Entries in Rev.records 834147 732252 87.83 RoFR 8783 3994 45.5

4 Record of Rights 215792 175955 81.5

5 LEC 71 69 97.26 Survey Specific 7340 5799 79.07 Tribal Lands 2111 1310 62.18 Sada Bainamas 45203 29307 64.89 Inam Lands 12288 10577 86.1

10 Rastha issues 181 110 60.811 Others 23216 16506 71.1

Total No. of land issues 1161962 981455 84Total (No. of Poor)involved 1093980 921620 84Total (Extent)involved 1074167 881910.6 82

EVOLUTION

Resolution of Land Issues in last 5 years

YEAR Identified Resolved %

2013-14 429096 327713 76.37

2012-13 651108 624150 95.86

2011-12 16221 15706 96.83

2010-11 205141 133683 65.17

2009-10 161682 89886 55.59

• Pahani, the key village record, was written on village public wall and made available for public scrutiny in Warangal district.

• Copies of critical land records are provided to each and every poor person having land issue in Medak District.

• Bhoomi Nyaya Sahaya Kendram (Land Legal Assistance Center) is established in DRDA, Warangal to extend legal assistance to the poor whose cases are locked in courts. Its success prompted to set up BNSK in 4 more Districts i.e., Nalgonda, Khammam, Rangareddy, Adilabad, on the same lines.

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Some Innovations/Good Practices

• Thousands of land cases of the poor are pending in revenue courts & civil courts, many more thousands of cases of the poor are not even brought before the courts as they have limited access to legal services.

• SERP recognized the need of providing lawyers, court fees and other legal support to the poor and established BNSKs in 5 Districts.

• BNSKs have registered 346 cases pertaining to 1053 poor covering an extent of 2035 acres. Out of 163 cases filed, 11 were disposed so far in which 10 orders are in favor of BNSK beneficiaries.

BHOOMI NYAYA SAHAYA KENDRAM (BNSK)

Constrains/Gaps

• At present no facility for VO/SHG Member to file her application for entitlement and its monitoring till entitlement is delivered, at village/VO level. A KIOSK at Village/VO level on the lines of “Mee Seva” if established is more useful for this purpose.

• To equip the SHGs and their federations with the knowledge and ability to get resolved land issues themselves, it should be ensured that the ZS/MS land sub committee members attend, atleast one day, PL/CS experience sharing session at Dist. HQ. Atleast one MS sub committee member should also be requested to attend Monday Grievance Day in Tahsildar office along with PL/CS. For this necessary budget provision towards TA & DA shall be made.

Constrains/Gaps• More convergence is needed. For effective convergence,

apart from regular convergence meetings, the Tahsildars & RDOs may be requested to attend PL/CS monthly experience sharing session at Dist. HQ. Tahsildars may be requested to invite PL/CS for monthly VROs review meetings. Revenue Department may be requested to conduct exclusive Revenue Sadassulu for resolving Land Issues identified by IKP, apart from regular Revenue Sadassulu. Similarly monthly Convergence meetings with NREGS (DWMA) staff to know/review the status of land development under NREGS, IJP needs to be conducted.

• PL/CS should be technologically equipped with laptop, data card, GPS Survey Instrument, Digital camera cum video in the interest of expeditious resolution of land issues.

Constrains/Gaps

• Land Inventory became 4 years old. New issues might have emerged due to death of land holder, transfer of property, loss of documents etc., Besides, some mistakes took place earlier while feeding the data into Web. So, its updation/purification is desired.

• Paralegal model sensitive support system is now existing in 737 mandals only. It should be extended to remaining rural mandals for the benefit of the poor therein.

• Some poor SC/STs are unable to pay ‘Mee Seva’ charges and hence their issues are remaining unsolved. It would be better if Govt. waives these charges in respect of SC/ST applications filed through IKP.

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Lessons from Our Experience• Apart from the pro-poor land legislations, the poor,

especially SCs and STs, require exclusive facilitation support to get their land issues resolved

• Paralegals/Community Surveyors from the community of the poor, if trained well, can competently support both the poor and the Revenue Dept.

1. in settling land disputes 2. in bringing in community participation and 3. in making the system more transparent and

accountable

What Others Say….

• Committee on State Agrarian Relations and Unfinished Task of Land Reforms, Ministry of Rural Development, GOI in their report reports,

“The Sub-Group appreciates the Access to the Land Movement of A.P and recommends its adoption by other States with such modifications as may be deemed proper to suit the local environment..”

Few Success Stories

Kanpa Mediguda Village of Jainad Mandal in Adilabad Dist. is a notified (Schedule) village. As per provisions of Act 1 of 70 sale transactions between Non Tribals to Non Tribals are prohibited. But in contravention of the above, sale transactions of Patta Lands between ( 6 ) Non Tribals to Non Tribals took place. It has been booked under LTR and the lands have been taken into Govt. custody.

Subsequently the Govt. have issued orders for assignment of such LTR lands in favour of tribals. Accordingly (80.33) acres of LTR lands have been assigned in favour of (46) tribals during the 4th phase Assignment programme. The beneficiaries have been issued final patta certificates and Pattedar pass books. But physical possession has not been handed over due to High Court stay orders. Subsequently the Honble High Court has dismissed the petitions of non tribals. The Revenue authorities could not hand over possession to tribals due to Law and Order situation. The beneficiaries have approached the District Land Center for handing over possession of the land. The District Land Team and Paralegal have visited Tahsil Office, Police Station and also met R.D.O, Adilabad several times to resolve the issue. Finally the Revenue authorities handed over possession to tribals with the help of Police force.

46 Tribals are put in possession of LTR Lands assigned to them long ago.

JOGINIS EMPOWERED

In Mavandi vg of Bodhan Mandal in Nizamabad Dist. an extent of 15.33 acres was purchased by the SC corporation, Nizamabad in the year 2003. But Pattadar Pass Books & Titledeeds were not issued despite their many efforts. The IKP has taken the initiation in this regard, and after constant persuasion, the Pattadar Passbooks were issued to all the (16) Jogins who expressed their deep gratitude for the efforts of the IKP. Now they are able to approach the Bank for loan etc., on their Pattadar Pass Books.

Finally got Occupancy Rights

Village:PinapakaMandal: ThalladaDist: Khammam

• 98 S.Cs finally got O.R.Cs and PPBs for the 102 acres of Inam Land that they are cultivating since long.

34 Tribal Sivoijamadars Got Pattas for 54 acres of Govt. Land

Village: P.N.Puram

Mandal: Julurupadu

Dist: Khammam.

• Mandal Mahila Samakhya and Land Team took the matter to the notice of Tahsildar and assisted in survey of lands and issue of pattas to long awaiting enjoyers.

The R.D.O, Mancherial has issued ORC in favour of (6) Tribal occupants in respect of Survey No.287 to an extent of (12.28) acres situated at Pothanpally village of Jaipur Mandal, Adilabad Dist. in the year 2006. Aggrieved with the above the Non tribal by name Vadla Shankaraiah, filed an appeal before the Joint Collector, Adilabad.

The Collector, Adilabad wide letter No.D4/1294/2006, dated: 30.10.2007 has requested the Project Director to instruct the Legal Coordinator to represent the case on behalf of poor tribals. Accordingly the Legal Coordinator has appeared in the court of Joint Collector on behalf of tribals and argued for to up held the orders of the R.D.O, Mancherial. Finally the Joint Collector has passed orders in favour of tribals as argued by the Legal Coordinator.

IKP-Legal Coordinator argued the ORC appeal case on behalf of 6 STs and won it.

Possession of lands given to 37 SC assignees after 14 years

Banigallapadu Villag e Yerrupalem Mandal, Khammam Dist.

• The Paralegal identified the problem and filed applications of the beneficiaries before the Tahsildar.

• The revenue staff visited the land and got the sub-division record prepared for the vacant land. The land was shown possession to them on 13-6-07 by the Tahsildar.

• The poor SCs were happy to cultivate the lands.

• There after PPB`s & TDs also issued to them.

To provide access and secure rights to productive land for the 33 ST landless SHG women, an extent of ( 17.11 ) acres of double crop wet land in Survey No’s 340 etc., situated at Nelkivenkatapur village of Dandepally Mandal, Adilabad Dist. which is irrigated under Kaddam Project has been purchased under Land Purchase Scheme in 2005-06 with cost of 20.73 lakhs.

IKP-Community Surveyors were deputed to Nelkivenkatapur for survey and sub division as per sale deeds and possession shown to all the (33) ST beneficiaries duly planting stones on the filed.

ST SHG Women got Double crop wet land

Got Rights over Inam Lands after 3 Generations

Siripuram Village-Wyra Mandal, Khammam Dist.

• 32 SCs have been enjoying inam lands from their forefathers. But their enjoyment was not regularised and Pattedar Pass Books are not given due to which they are denied of bank loans.

• The Paralegal, Wyra identified their problem and submitted their applications to the Tahsildar on 11-12.06.

• The Tahsildar has enquired the matter and submitted proposals to the RDO, Khammam. The RDO, after due enquiry has issued O.R.Cs and Pass Books on 15-6-07

An extent of ( 153.13 ) acres of Govt. Land in survey No.88 and 89 PP of Kothapally Village of Bheemini Mandal, Adilabad Dist has been assigned to (47) SC/ST beneficiaries in the year 1998. They were also issued final patta certificates. But land has not been shown and PPB/TD’s have not been issued to them. During the V.O meeting, this item has been put in Agenda and brought to the notice of land team.

The Land Team collected the copies of final patta certificates in the meeting it self and subsequently discussed the issue with the Tahsildar, Bheemini. As per request of the Tahsildar, (4) Community Surveyors have been deputed for demarcation and sub division work. After the survey work, possession has been handed over to all the beneficiaries by Revenue Authorities under cover of Panchanama and PPB/TD’s have also been issued to them.

IKP-Community Surveyors surveyed and demarcated 150 acres of land and made easy handing over of land assigned 15 years ago

Justice at last delivered

Linganapalem Village – Wyra Mandal

Khammam Dist.

• The pattas issued to 83 poor during

1988 were not implemented as

neighbor pattedar filed objection

and the matter remained same till

the IKP - Land Centre involved in it

and pursued the matter

withTahsildar The Tahsildar after

enquiry over ruled the objection

and issued pattas and Pass Books

to the 83 beneficiaries in July,2007.

THANK YOU