Guidelines for verification of title and possession of land inWest Godavari Agency area - Sri C.R. Biswal
GUIDELINES FOR VERIFICATION OF TITLE AND POSSESSION OF LAND IN WEST GODAVARI AGENCY AREA
(vide D.O.Lr.No.9514/LTR.1/99, dated 13-08-2001
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Part of West Godavari District is an agency area notified under the Constitution. Administration in that area is regulated Regulation 1959. In recent times a large number of disputes have arisen between tribals and non-tribals leading to a very disturbing law and order situation. The matter engaged the attention of the High Court in W.P.No.7916/97 in which harassment of tribals was alleged. A learned single Judge of the High Court initially granted some interim orders. During the pendency of the writ petition the problem was examined. Government felt that the problem, which has several facets, requires a multi-pronged approach. The following objectives were sought to be achieved through issuance of appropriate instructions to the concerned authorities.
A) Enlisting the cooperation of political parties and others in setting the problems amicably;
B) By educating through appropriate information the agitating tribals about the scope of their legal rights;
C) By a comprehensive analysis of the existing judicial adjudications; and
D) The ascertainment through inquiry and study of title deeds and documents of the respective rights of tribals and non-tribals.
Since the ordinary machinery of judicial adjudication was also not able to cope with the problem, Government after consideration of various matters as mentioned above, issued certain guidelines to the Collector to facilitate the amicable resolution of thee disputes with the assistance and aid of local leaders etc. The Writ Petition was finally disposed of by the learned single judge with certain elaborate directions. A writ was filed by interested parties in W.A.No.244/2000 against the order. The single judge's judgement was initially stayed. The work in accordance with the guidelines proceeded for some months. Later the survey and title verification work was stopped due to withdrawal of clarification issued by the Government in this case in response to contempt notice to the Secretary (TW) to Government and Collector West Godavari. The writ appeal was finally allowed on 27-04-2001. The judgement of the single judge was completely set aside.
After examination of the entire judicial proceedings Government has been advised that by reason of the appellate judgement the directions of the single Judge ceased to exist and there is no impediment to the State Government proceeding to amicably resolve the disputes between the tribals and non-tribals in accordance with the guidelines formulated by it. Accordingly these orders are being issued for the aforesaid purpose. The proceedings undertaken pursuant to the guidelines earlier formulated will continue and be completed. Where legal procedures have to be initiated under the relevant laws on the basis of the enquiries made and information gathered already those proceedings may be instituted.
The Collector shall conduct a district level meeting with all the parties and organisations and explain to them the modalities of the verification work and take their written consent for total cooperation and willingness to abide by the outcome of the verification work.
Following are the guidelines to be followed by the officials, non-officials and non-governmental organisations working in the agency area for the conduct of the verification of titles and possession of lands in the agency area:
1. The organisation concerned shall hold intensive discussions with the tribals and explain to them the kind of verification work that shall be carried out and its strategy and the possibility of the lands coming into their possession and the time frame within which these lands can come into their possession. They shall take specific care to ensure that the tribals are mentally prepared to accept the fact that no or very little lands might actually come from non-tribals into their possession in certain villages.
2. Meanwhile, representatives of the organistion, representatives of the tribals, 2 or 3 Deputy Tahsildars from among the Survey Staff, sufficient number of Surveyors and, if required, Sub Collector himself shall either in the MRO's office or in the Project Officer's office shall obtain all possible information and prepare the following lists relating to verification work.
• I. They shall obtain a map of the village and shade in different colours the lands belonging to tribals and non-tribals as per 1933 RSR and keep blank the lands which are assessed waste or Poramboke.
• II. The Project Officer, ITDA has already computerised the list of all the beneficiaries who have been assigned Government lands since 1933. This can also be shaded in a third colour.
• III. The list of 1473 judgements pronounced till today by the Special Deputy Collector (Tribal Welfare) in favour of Government of tribals is already computerised. In some cases, filed verification has been completed by the Mandal Revenue Officer. The NGOs concerned also have specific information relating to the present stage of cases. All these information can be compiled and a lost of the stage of the cases based on office record should be prepared.
• IV. Information relating to land ceiling cases should be obtained from Mandal Revenue Oficer's offie and in some cases from the ARDO (LR), Eluru.
• V. The list of post - 1970 registrations is already obtained from the sub Registrar's Office.
• VI. The list of occupants of poramboke land should be prepared as per the possession recorded in adangal.
3. After informing both the tribals and non-tribals by a beat of tom-tom in the village, the survey team along with representatives of NGOs or the political party concerned shall go to the village along with these lists and he 1933 RSR and the latest adangal. They shall hand over the copies of adangal and 1933 RSR and other lists o the villagers. They shall also question each non-tribal who has come into possession of the lands after 1933 as to his claim over the land. The tribals shall be asked if they have any objections regarding the claim of the non-tribals. Some of the non-tribals may require some time to furnish the documents. Similarly, the tribals may also require time to study the records and to list out their objections. Thus, after the first meeting, a week's time may be given for both the parties and a second meeting can be held. Similarly, the information as to the latest stage of the LTR cases can be obtained from the non-tribals by asking them to produce proof of any stay order or other judgements that they have in their possession. The list of all tribals who have been assigned Government lands can be read out to ascertain whether they are in possession of the lands or not. The Sub Collector, the Mandal Revenue Officer, the Survey DTs, the Special Deputy Collector (Tribal Welfare), and the representatives of the concerned organisations should participate in this meeting.
4. In the second meeting, all the objections raised by the tribals should be taken into consideration as also the proof of titles produced by the non-tribals and the following lists can be prepared:
• I. The list of irregular assignments, which should be cancelled and fresh assignments made by the Sub Collector within 3 weeks.
• II. The list of Government lands, which are either in possession of non-tribals or unassigned, to be assigned to the tribals within one week.
• III. The list of LTR cases to be filed before the Special Deputy Collector to be disposed off by him preferably within 3 months.
• IV. The list of cases which are pending before the Government or High Court which shall be pursued by the Project Officer, ITDA by appointing advocates at Hyderabad .
• V. The list of land ceiling and benami cases regarding which the tribals shall furnish specific informtion and which shall be filed before the concerned authorities within a period of 2 weeks.
• VI. The list of clear patta lands of both tribals and non-tribals which shall be respected by everybody.
5. Wherever it is found that sufficient land does not exist to satisfy the tribals, the organisation concerned and the Project Officer, ITDA shall identify suitable schemes like formation of Vna Samrakshna Samithis and Economic Support Schemes to provide relief to the landless.
6. The District Collector shall provide sufficient number of competent Deputy Tahsildars and Surveyors and other staff as required to facilitate smooth conduct of the verification and survey work.
7. In villages where the tribals have occupied lands belonging to Scheduled castes which are without pattas, the Collector shall make arrangements to rehabilitate hem by providing lands under SC land Purchase Scheme and houses under IAY, outside the agency area.
8. To create confidence amongst the tribals and a cordial atmosphere for survey and as already discussed in the Cabinet Sub Committee meeting, petty cases against the tribals shall be listed and action taken to withdraw those cases.
9. After completion of a village, a joint press statement shall be issued by the Sub Collector and the concerned organisation as to the outcome of the survey. A copy of the final lists prepared shall be furnished to the Project Officer for computerisation and reporting to the Commissioner of Tribal Welfare.
10. In order to avoid any complications, the villages shall be selected alphabetically in the mandal (or as suggested by the NGO/political partie).
11. A copy of the adangal and 1933 RSR/fair adangal shall be furnished to all villages sufficiently in advance.
Sd/- C.R.BISWAL
PRINCIPAL SECRETARY TO GOVERNMENT |
