The Centre has recently issued a warning to state governments due to their failure to provide feedback on the Model Bill on Conclusive Land Titling, which was prepared by the NITI Aayog. This lack of response leads to an assumption of agreement on the state’s part. Land titling, a term that essentially refers to governmental programs enabling individuals and the government itself to efficiently trade land and property rights, has found new relevance as the Supreme Court recently declared a citizen’s right to private property as a human right.
Understanding The Current System of Land Titling in India
India presently employs the system of presumptive land titling, where land records are maintained, indicating possession through details of past transactions. Under this system, ownership is determined based on current possession. However, registration does not confirm the government or the legal framework’s guarantee of land ownership title. Instead, it merely reflects a record of transaction events like sale deeds, inheritance records, mortgages, and leases.
The Concept of Conclusive Land Titling
A conclusive land titling system accords actual ownership as indicated by land records. Herein, the government grants the title and assumes responsibility for its accuracy. Any ensuing disputes must be resolved with the government and not the titleholder, keeping the latter safe from losing ownership. In possible dispute situations, the government might compensate claimants, further securing the title holder’s rights.
Why Conclusive Land Titling is Necessary: The Benefits
The conclusive titling system would significantly reduce litigation associated with land issues. A World Bank study in 2007 revealed that two-thirds of pending court cases in India were land-related. Moreover, a study by the NITI Aayog highlighted the average duration of land dispute resolution as an alarming 20 years.
Through this system, prospective investors would no longer have to fear losing their investments due to disputed ownership. Furthermore, the ambiguity of ownership often leads to a black market for land transactions, causing tax loss for the government. Conclusive titling would help curb this.
Unclear land titling also obstructs infrastructure development and housing construction. However, with clear ownership data, urban local bodies can levy appropriate property taxes, facilitating these processes.
In rural areas, farmers require conclusive land titling to use their land as collateral to access agricultural credit. Absence of ownership proof pushes them towards unethical money lenders, often resulting in overwhelming debts.
About the Model Bill on Conclusive Land Titling
The bill enables state governments to order the establishment, administration, and management of the system of title registration for immovable properties. It suggests the appointment of a Title Registration Officer (TRO) by state-established Land Authorities to prepare and publish a draft list of land titles.
Disputes would be resolved by a Land Dispute Resolution Officer (LDRO). However, cases already pending in court do not fall under this provision. Eventually, the Land Authority would publish a Record of Titles.
Land Titling Appellate Tribunals and The High Court
The decisions of the TRO and the LDRO, as well as the titles, can be challenged before the Land Titling Appellate Tribunals over a three-year period. After this time, the Record of Titles entries will be recognized as conclusive proof of ownership. A special bench of the High Court will be designated to handle appeals against the orders issued by the Land Titling Appellate Tribunal.
Addressing Challenges and The Way Forward
The primary challenge is the inaccurate and outdated state of land records, particularly in rural and semi-urban regions. There is an urgent need for comprehensive surveys at the village level with community engagement to update these records. The data obtained from such surveys would be far more accurate than those obtained through satellite imagery or existing records.
Finally, it’s crucial for the country to have an integrated land record system, covering agricultural, infrastructure, residential, and industrial lands in both urban and rural areas. This comprehensive system would pave the way for a more efficient and equitable land titling system in India.
