Source:
Imphal, July 17 2013: The State Government’s plan to computerize land records is likely to get tangled in legal hassles.
According to a reliable source, although the State Government has directed land records be transferred to respective DCs to complete computerization of land records by March 31 next year, there are still many localities where the process of re-survey of land is still going on.
Under Section 26 of Manipur Land Revenue and Land Reforms Act 1960, Directorate of Settlement and Land Records (DSLR) issued a Government gazette notification to conduct revenue re-survey in 24 localities of Imphal West and 13 localities of Imphal East on December 24, 2003 and October 23, 1990 respectively.
The localities of Imphal East included the evicted locality of Kabo Leikai and Palace compound where Royal Palace is located.
As such, there is need to properly review whether the State Government has the authority to seek land record or halt revenue re-survey before the process of revenue re-survey is completed, added the source.
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The Government may face legal hassles as the residents of Kabo Leikai have been evicted and taken the decision to take over Royal Palace while the process of revenue re-survey is still going on at these localities, the source further said.
It may be mentioned that a State Cabinet meeting convened on June 25 this year asked DSLR to submit all the land records to respective DCs to complete computerization of land records by March 31 next year.
As the State Cabinet forwarded its decision to the Governor, the office of the Governor wrote to the State Government through the Chief Minister’s Secretary on April 30 this year stating that land records cannot be sought before the revenue re-survey is completed.
The letter also suggested the Government to consult Law Department and Advocate General to avoid legal problems, the source added.
The letter also clearly mentioned the reason why DSLR consumed time in the re-survey works.
Acting on the letter of the Governor, Revenue Commissioner issued a Cabinet Memorandum on June 11 after having deliberations with the Law Department and Advocate General.
The Cabinet Memorandum said that the notification issued under Section 26 of the MLR&LR Act 1960 could be reviewed or revoked or cancelled under General Clauses Act 1897.It added, under Section 52 of MLR&LR Act 1960, the State Government can also transfer or re-transfer land records like DCs can transfer land records to Settlement office in the interest of the public.
As such, the State Cabinet did not need to review its decision.
Saying that the decision did not direct to halt survey or re-survey process, the Cabinet Memorandum also stated that re-survey works could continue even after computerization of land records.
However, the source said that General Clauses Act 1897 is not applicable as it is a Central Government Act.
The source added that the State has never issued a notification for revenue re-survey after the notification of General Survey from 1960 to 1976 and notifications issued on October 23, 1990 and December 24, 2003 .
However, revenue re-survey is conducted on yearly basis in some States, it added.
The source further said that a complete land record must have proper maintainance of Jamabandi and Dag Chitha.
It is questionable whether the State can computerise its land records as numerous partition cases are pending at many different SDC circles, the source added.
via NorthEast Calling - NorthEast India | India's No1 online News Magazine http://necalling.com/plan-to-computerise-land-records-state-govts-move-likely-to-face-legal-hurdle/
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