An exercise to provide comprehensive solutions to the land problems of agency areas - Utnoor experiment, Dr. P.V. Ramesh, Sub-Collector, Utnoor
LAND - ITS ROLE IN TRIBAL DEVELOPMENT
" Tear in ever Eye,
Darkness in every Home,
Whom does the land belong to...?"
Thus sang Athram Jangu sitting under the benign gaze of the moon, looking beyond the horizon into the void...
"Athram Somu, a Gond Patel owned large extent of fertile land in a village entirely inhabited by tribals, not far from what is known today as the Nirmal Town . It was sometime around the turn of this Century, when the Nizam Government realised the economic potential which existed beyond the lush green forests of Adilabad District and started the construction of 'great road' through the western part of the District. The road (today known as National High way No.7) brought the wealthy and avaricious money lenders and traders from the neighbouring districts of Telangana and Maharashtra . Somu, with his innate sense of honesty, trustworthiness, affection, warmth and profuse hospitality, welcomed the cunning and wicked non-tribal guests with open arms. This honeymoon was short and bitter and the colonisation of the land of Somu and his tribal brethren by the uninvited guests was completed in a few years. On a bright sunny morning (around the time when Mahatma Gandhi was marching to Dandi) the 'Girdawar' arrived to evict Somu, from the land of his ancestors, as he was said to be in occupation of the land over which the trader had been conferred a 'patta' by the revenue authorities. Displaced from the habitat of his ancient Gods, Somu trekked the mountains in search of new home and finally settled down at a place in the midst of dense jungle not far from what was then a tiny tribal hamlet called 'UTNOOR'. The ageing Somu alongwith his kinsmen had cleared the forest and started cultivation afresh. Soon after, arrived a Muslim gentleman on a horse back with a 'Sanad' from the Nizam, granting him absolute rights over nearly 4000 acres of land, which included the lands under the cultivation of Somu and his flock. Thus on 'Izara' village was established and Somu and his fellow tribals had become the 'Tenants of the Izaradar'. Thus, from the status of land owners, the tribals had been reduced to the status of serfs and freedom and independence had given way to subjugation and serfdom. By the benign grace of the then 2 nd taluqdar, Somu`s name was recorded in the Register of 'protected Tenants' (in the year 1951). Fate was again unfair to Somu ("Karma") in action!) the Izaradar has sold away the land under the cultivation of Somu to a Maratha landlord, who had arrived from Nanded in search of greener pastures! Broken hearted, Somu died, the unceasing burden passed on to his son, Jangu. Thus Jangu got caught in a pathological but inevitable existential web, a la Sisyphus! Rendered landless and homeless, Jangu cleared a piece of jungle and started cultivation along with a group of Mahars who had come from Chandrapur in search of livelihood. Not long before, the forest guard arrived to collect his 'patti'. Year after year for 20 years the story remained the same, till one day he was forcibly evicted for cultivating the ' Reserve Forest Land '. However, his non-tribal neighbours continued to cultivate, and he was told that the Reserve Forest line was drawn that way! (Such are the ways of the Reserve Forest lines !!). In this saga of unending gloom and doom, a ray of hope appeared on the horizon, in the form of a patta under Tenancy Act. Patta was delivered but the land was not! The legal battle progressed from the Revenue Courts to the High Court and then on to the Supreme Court but the land remained elusive to the tribal. Condemned to perpetual doom, Jangu had abandoned all hope. At this time of the history, a smart Tahsildar gave a piece of paper, which he was told was a 'Laoni Patta' (Yet another crash programme of assignment!), but the promised land was nowhere in sight... Jangu's alienation from the land, the Government and the 'mainstream' was absolute!!....he is a fugitive in his own homeland!"
The saga of Jangu is in short, the history of tribal alienation in the district of Adilabad. This alienation has provided nourishment, either directly or indirectly, to the leftwing extremism, though it would be too naive to claim this factor alone was responsible for its germination.
The alienation of tribal land is the result of certain historical factors which continued to thrive and flourish, to the detriment of tribals, even in the post independence era.
• At the turn of the Century, it was the policy of the Government to open up the district and to encourage the influx of new settlers and grant them pattas with a view to augment the revenue of the state. The concept of having permanent rights over the plot of land under their cultivation was alien to the tribal and the 'patta' was no more than a scrap of paper to him and by the time it's value was recognised, significant extents of land had gone into the hands of the non- tribals.
• Large extents of Government land was never surveyed and subdivided and this land was allotted by the avaricious revenue officials on sivaijamabandi tenure and the revenue officials 'naturally' favoured the wealthy and knowledgeable non-tribals at the expense of innocent and illiterate tribals.
• Vast stretches of fertile virgin land allured many a non-tribal to come and settle down, with or without legal rights.
• Unlike the British Agency, the Nizam Government did not have any concrete policy of a statute to protect the landed interests of the tribals.
• The tribal with his innate sense of honesty and morality trusted one and all and the 'wily colonisers' exploited his inherent goodness and cheated him through devious means and usurped his land.
• Communication network, like roads have facilitated the influx of the invading non-tribals, thus resulting in a state of 'internal Colonisation'.
• Comprehensive analysis of the 'land ownership occupancy' pattern in the agency tracts unravel multiple issues of inconceivable complexity. These apparently intractable land problems had been a source of chronic discontentment and frustration among the tribals.
A simplified classification is attempted here.
1. NON - VILLAGES
Though these villages are classified as villages in the revenue records, the forest department stakes claim over each and every inch of the land, though thousands of acres of land is under the cultivation of hundreds of tribal families. The claims are of two types.
• Hypothetical
These villages have never been notified under the provisions of forest Act at anytime, but because they happen to adjoin or are surrounded by tree growth, hypothetical claims are made.
• Theoretical
These are ancient tribal settlements which have been 'surreptiously' notified as Reserve Forest . Even though some of the villages are Gram panchayats, they are legally Reserve Forest Lands.
UNSURVEYED VILLAGES
Survey and settlement Operations have not been undertaken in these villages and as a result none of the cultivators have a title to their lands.
SURVEYED VILLAGES WITH UNCERTAIN BOUNDARIES
These villages have been surveyed but the boundaries have not been delineated and this uncertainity has been a source of constant friction between the forest officials and the tribals.
SURVEYED VILLAGES BUT SETTLEMENT RECORD NOT IMPLEMENTED
Settlement records had not been implemented (resulting in serious damage to the interests of tribals) either because
• Survey errors (In almost all cases, the error was not that of survey, but that of 'Vasul Baqu' i.e. correlation statement).
• Protracted litigation.
Then, there are problems involving the individual cultivators. They usually exist as complex combinations of multiple problems.
I) "GAT" SURVEY NUMBERS
Each and every village has one or more Gat Survey Numbers, each measuring 2000 to 6000 acres. Unlike elsewhere, Reserve Forest Blocks in Adilabad District are carved out of these survey numbers and as a result the village boundaries lie "Somewhere" in the Reserve Forest . These "Gat" Numbers present serious problems, some of which are enumerated here.
• MOBILE RESERVE FOREST BOUNDARY LINE
Though the reserve forest is carved out of the poramboke lands, the Reserve Forest line is not defined with relation to the village boundary (though, it should be) and in the absence of scientific data, it was left to the whims and fancies of the local forest officials to move the line in any direction.
• ASSIGNMENT - A MAJOR MESS
• In the absence of Survey and sub - Division of individual holdings, the exact location and the area of cultivation of each ryot remains nebulous.
• The revenue authorities had earlier conferred several pattas on the same individual for the same piece of land (One with each assignment drive!) and hence a large number of paper pattas were created and thus a marginal farmer was made a big farmer, on the paper!!
• In several cases, a person who was in possession of a patta for 15.00 acres of land was actually found to be cultivating only 1.00 acre of land and the tribal ryot was not only forced to pay revenue for the 'fictitious land' but was denied all benefits to which a marginal farmer is entitled to.
• Thousands of tribals were without ownership rights over the Government lands which had been under their occupation for several decades.
• In certain cases, several persons were given pattas for the same plot of land, thus generating protracted litigation.
• Paradoxically, non-tribal holdings were always shown in the pahani as 5.00 acres per family in order to get protection Under G.O.Ms.No. 41, even though they might be in occupation of large extent of Government land.
• Several non- tribal sivaujamadars were not registered in the pahani, in order to escape the provisions of Land Encroachment Act, 1905.
• Non -tribal had been assigned lands in gross violation of land Regulations.
• Alienation and encroachment of Government lands went undetected, as it was impossible to demarcate any holding.
II. LAND RECORDS: THE CAUSE OF ALL MESS!?
Land records of the agency villages were archaic and antediluvian museum pieces. There was little or on congruity between the village map, the record of right i.e., Pahani and field occupation. Less than 20% of the tribal cultivators only had title to their lands and the remaining had no title at all or a tenuous title. Persons who had expired of a centuary ago, persons who had abandoned the land and disappeared to nowhere decades ago, pattedars who had sold their lands years ago and persons who had never ever stepped into the lands over which they held title (much against their wishes, as they not only had to pay the Land Revenue but also were denied areas benefits to which small and marginal farmers were entitled to) were registered as pattadars in the pahani and 80% of the actual possessor cultivators who were in possession of the land for several decades held no title at all. In several cases, the names of pattadars had been distorted beyond recognition, either by deliberate mischief or by default and in familiarity with the names of tribals. It was a curious situation, where tribals who had lands had no title and those who had title had no land. Strangely, in some villages, the settlement record of 1927 and that of 1960 were together recorded in the pahani, creating profound confusion and endless litigation. Fundamental land records like village map, Sethwar, Khasra Pahani and Vasul Baqi were not available, leaving the field open to the mighty exploiters.
III. IATROGENIC
The doctors of the land i.e., the Revenue authorities had administered fatal medicines down the ages and had created chronic and intractable pathologies pertaining to land. Manipulation and tampering had been the order of the day. Lands had been assigned, illegal transactions had been sanctified, titles had been transferred and regularised in favour of rich non-tribals in blatant violation of Agency Regulation.
Several admirable and progressive legislations that were enacted to protect and promote the interests of tenants, marginal farmers, landless agricultural labourers in general and tribals in particular had not yielded the desired results because of certain gross distortions created by the instruments of Status Quo. This fact had eroded the confidence of a tribal in the fairness of administration and seriously undermined the credibility of the government institutions as instruments of progressive transformation.
Form the following paragraphs it would be apparent...
ANDHRA PRADESH (T.A) TENANCY AND AGRICULTURE LAND ACT:
Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act is one of the most enlightened and progressive legislations the state have ever enacted. But, paradox and subversion was the order of the day in the Agency tracts of Adilabad.
Certain distortions...
• The names of Non-tribals were entered in the protected Tenant's Register of 1951/58, though they never cultivated the lands at any time and conversely the names of tribal Tenants were not recorded.
• The non-tribals had been conferred pattas U/s 38-E of the Act over the patta lands of tribals.
• The names of tribals had been replaced by that of non-tribals through manipulation of records.
• The lands of the tribal tenants were sold to non-tribals by the landlords without written permission of the Tahsildar, in gross violation of the Tenancy Act and Land Transfer Regulation 1959.
• The Tribals had been conferred pattas U/s 38-E of Tenancy Act over Government land or the lands surrendered by the surplus holder or over the lands which they had never cultivated and over which other tribals were in occupation.
• The names of the tribals, who obtained ownership right U/s 38-E of the Act was not entered in Col.No.12 of the pahani and they were not given possession of these lands and as a result the landlords continued to enjoy the fruits of the soil in blatant violation of the statute.
• The occupancy of non-tribals over huge extents of lands was legalised Under Section 50-B of the Act in the year 1976-1977, in blatant mockery of land Transfer Regulations.
• Several tribal tenants were not conferred ownership rights Under Section 38-E of the Act, though eligible.
• LANDS REFORMS (CEILING OF AGRICULTURAL HOLDINGS) ACT:
Yet another admirable legislation had been reduced to cipher, again the 'well known evil trio' together had defeated the fundamental objective of the Act.
The distortions had been so grave, that they have reinforced the hatred against the Government, instead of enhancing their faith and belief in the administration.
It is incomprehensible as to how a tribal having less than one Standard holding was decreed to surrender his entire holding, whereas several non-tribal landlords owning several villages (as Makthadars and lzaradars) did not forfeit even an inch of land. Such instances together with instances wherein wealthy landlords had successfully surrendered Government land, lands held by tribal tenants or even the patta lands of others had certainly added fuel to the fire of discontentment.
It is no exaggeration to mention that every conceivable attempt was made by the implementing machinery to subvert the spirit and letter of the Act in order to sub serve the interests of the landed gentry. It is pertinent to mention that a landlord owing several villages had not only 'managed' to surrender 'only Government lands and the lands of the tenants' but continued to collect rent/ cess from the cultivators of these lands in the capacity as the 'pattaedar' (!?) such instances had certainly undermined the credibility of the administration.
ANDHRA PRADESH SCHEDULED AREAS LAND TRANSFER REGULATION
Though, the Scheduled Areas Land Transfer Regulation 1959, came into operation w.e.f. 1.12.1963, it's effective implementation was delayed upto 1981. Though, implementation of L.T.R. reversed the downhill slide, several other land problems (which did not come within the purview of Land Transfer Regulation) remained unresolved. It is significant that only about 20% of total lands in a village are patta lands and the remaining 80% government lands remained unaffected by land Transfer Regulation.
BEGINNING OF A NEW ERA
From the above discussion, it is apparent that the land problems of Utnoor Agency were grave and acute and were to an extent responsible for the tribal's lack of confidence in the 'State'.
Keeping these issues in mind, the Government have created an Agency Revenue Division with headquarters at Utnoor along with a special survey Unit and 4 Units of "Telugu Girijana Magani Samaradhana" in the year, 1987, with a view to provide comprehensive and permanent solutions to the seemingly chronic and intractable land problems of the tribals.
The fact that the problem was so complex, required a comprehensive, rational, intensive and cautious approach, particularly in an atmosphere charged with simmering tensions between different ethnic groups.
An intensive exercise was taken up in the entire Utnoor Agency Division to provide comprehensive and permanent solution to the umpteen land problems that had plagued the tribals for several decades.
MODUS OPERANDI
• DOCUMENTS:
First major task was to build up the fundamental data base i.e., Settlement Records, Village maps, Sethwars and Vasul Baqui's were obtained and all pertinent data relating to Survey, Revenue and Forest Departments were collected and analysed and the fundamental data base was created.
• PERSONNEL:
• Motivating the Revenue Officials was the most important task. Sincere and efficient field functionaries were posted in the agency tract and they were imparted intensive training in the fundamental aspects of agency land administration.
• In addition to the 20 Surveyors of the Special Survey Unit, another 8 Surveyors were posted on deputation and all of them were deployed to conduct the 'Supplemental Survey' of all the 'Gat numbers' and other Government land.
• The Telugu Girijana Magani Samaradhana Staff were divided into two groups, one group, to regularise the rights of tribals over the Government lands and to assign Government lands to all the eligible Scheduled Tribes. Another smaller group, was deployed to monitor the effectiveness of protective legislations and to ensure protection to the possession of the tribal over the land.
• FIELD OPERATION:
The entire holdings in the villages are divided into two groups on the basis of Sethwar.
• Government lands.
• Bundobust patta land.
• GOVERNMENT LANDS:
• Hitherto unsurveyed villages are surveyed as per enjoyment.
• In other villages, the Gat Survey numbers and other Government lands are surveyed and subdivided as per enjoyment i.e., supplemental survey was taken up.
• With the help of sub Division Map, a team of T.G.M.S. headed by a Deputy Tahsildar conducted enjoyment verification of all the holdings, which was further verified by the Sub-Collector.
• All tribals in occupation of Government lands are conferred ownership rights (patta Certificate, a topo sketch and pahani copy are together supplied).
• With regard to Non-tribals, each major member of the family is retained as 'Sivoijamadar' over 5.00 acres of land.
• Persons in illegal occupation of large extents of Government lands are evicted under the provisions of Land Encroachment Act as the lands are assigned to the landless tribals.
• Irregular assignments made earlier are cancelled under Section 166-B of Andhra Pradesh (T.A) Land Revenue Act 1917 F.
• Alienation of assigned lands are dealt with in accordance with Act 9 of 1977.
• 'BUNDOBUST' PATTA LANDS:
The basic ground work is done by a team consisting of village Assistant, Revenue Inspector and Surveyor, who go to the village and camp there for two days and conduct perambulation survey of the actual enjoyment of all the lands. They record Sub-Division to Sub-Division cultivation details. These details are recorded in a 'master register' which indicates the details of the original pattedar, (i.e,. at the time of settlement), the present pattedar, the actual enjoyer of the land and his title to it. Then, the Mandal Revenue Officer conducts a recheck of each and every survey number personally and hands over the record along with the necessary documents in the Sub-Division Office, 15 days in advance of the village Court. The notices under the relevant acts are issued to the parties well in advance.
VILLAGE COURTS - DEMYSTIFICATION OF ADMINISTRATION:
On the announced day the Court is held by the Agency Divisional Magistrate in the village. The entire Village, irrespective of ethnic identity assemble along with the president of Mandal Praja Parishad, Sarpanch and all others who choose to attend. The entire staff of the Mandal Revenue Office along with the entire record and files pertaining to that Village are also present. Each and every survey number is read out to the assembly and the ownership and occupancy history of that piece of land is reconstructed with the help of documentary evidence and with the participation of people themselves. The issues are framed and the legal position is placed before the assembly for consideration. No Lawyers, no wrangling, no adjournments. The issue is decided with the active participation of the entire community strictly in accordance with Law. Complicated issues are clarified, the consensus of the group is considered and their opinion respected, but strictly within the four corners of 'Agency Rules'. Judgement is delivered promptly and in cases where possession of the land has to be delivered, it is done without any delay.
The effectiveness of the earlier orders and decrees issued under various laws is checked up through personal verification of actual cultivation. All tribal title holders who are entitled to the possession are inducted into their lands after following the procedure laid down by law and all those occupants (without a title) who are entitled for a title over the land are conferred a decree in accordance with the Law. All the cases which are within the competence of the Agency Divisional Magistrate are decided in the village itself (unless requires adjournment) and others are referred to the Agent. A Medical Camp, Agricultural extension Camp, Veterinary Camp and joint identification camp for the selection of beneficiaries for assistance under I.R.D.P. is also held in the village on the same day in the form of an "Integrated Development Camp", thus delivering a comprehensive package to those living in interior and inaccessible villages.
THE ACHIEVEMENTS:
• Hitherto un-surveyed villages have been surveyed and all Gat numbers and other Government lands in other village have been surveyed and subdivided.
• All Government lands have been assigned to the landless tribals without affecting the interests of poor non-tribals.
• The 'Dhaboli Block' which was left out of ' Reserve Forest ' for assignment to tribals several decades ago, was surveyed, demarcated and assigned to tribals.
• All laws that have been enacted for the protection of Government lands have been implemented scrupulously.
• Fundamental data base of 'the land' was built up and all unimplemented 'decades old' settlement records were implemented after a diligent exercise.
• "Record of Rights" has been implemented into and a new updated 'Record of Right' has been created in favour of the tribals for every inch of land under their occupation.
• All Revenue Records have been brought upto date in conformity with modern scientific concepts and an absolute congruity has been achieved between the village map, the land records and the field occupation.
• All 'eligible tenants' were conferred ownership rights under section 38-E of the Tenancy Act and all others who were earlier conferred ownership rights were given possession of the lands and their names were recorded in the Col. No. 12 of the 'Pahani'.
• All ceiling surplus lands have been assigned to landless poor along with the delivery of physical possession and the names of assignees recorded in the Record of Right.
(In several villages, the entire land was under the occupation of landlords, who had long forfeited their claims to these lands. To-day, the landless poor are cultivating these lands as proud owners).
• All lands that were transferred from tribals to non-tribals in violation of 'Land Transfer Regulation' have been restored back to the tribal pattadars and their possession is protected through constant vigilance.
• Today, almost every tribal family in this division has land of it's own. This has been achieved through imaginative and effective implementation of the existing enactments.
• Various legislations and Regulations that have been enacted to safeguard the interests of tribals have been implemented vigorously but cautiously, without affecting the interests of poor non-tribals, in an atmosphere of consensus and cordiality and 'within the ambit of law' the injustices that had been done earlier have been reversed.
• Thousands of land issues were amicably settled through the medium of 'Village Courts'.
• A highly motivated and sensitive Revenue administration has been created in the Agency, which strives to prevent the exploitation of tribal, and also actively promotes the interests of tribals and other weaker sections.
CONCLUSION
For a tribal, the land is the mother-goddess, the life giver and sustainer, in short the embodiment of life itself. It was the burning desire to protect the lands and the honour, that impelled the usually quiescent and peace loving tribals of Adilabad to raise in revolt against the 'feudal' Nizam at Babhejhari in 1941 and the supreme sacrifice of Komaram Bheemu and his comrades at Jodeghat convulsed the Hyderabad state. The bruised sentiments of the tribals could be assuaged by the commendable work done by the special social service department under the guidance of Prof. Haimendorff during the fifties.
History, perhaps, has a cruel way of repeating itself the opening up of tribal heart land through 'Gudihathnoor' - Indhanpally' and 'Utnoor - Adilabad' Roads brought enterprising, avaricious, and land hungry non-tribals and Non-aboriginal Scheduled Tribals, with advanced agricultural practice, in hordes during the late 60s and early 70s, resulting in large scale alienation of tribal land. T his inexorable pathology found expression at Indervelly in 1981.
The sincere and consistent efforts made during the past half a decade and the intensive that was taken up during the past few years has made tremendous impact on the psyche of the tribals. It has reinforced the confidence of the tribal in the government and made him move closer to the administration.
He no more questions "To whom does the land belong to?"! For the "Land firmly belongs to him" and is the key to his future and prosperity!
DR. P.V.RAMESH, I.A.S.,
Sub-Collector (Grade-I)
UTNOOR, Adilabad (Dist.) |
