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BHOOMI

Land Access for Poor


Land: Critical for poverty reduction

Possession of Land is not just economics


It is a symbol of dignity
It is self-respect, it is politics, it is power
It makes you or unmakes you
You are worth the land you possess
Issue-free land: prerequisite for development
• 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 215 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 implementing Koneru Rangarao Land
Committee Recommendtions.
Land reforms -A snap shot

1. Strong legacy of pro-poor land


legislations

2. Focus on 3 Key areas:


 abolition of intermediaries,
 tenancy reforms and
 land ceilings
Strong legacy of pro-poor land legislations

 AP (Andhra Area) Inam Abolition Act, 1956


 AP (Andhra Area) Tenancy Act, 1956
 AP Land Reforms (Ceiling on Agricultural Holdings) Act,
1973
 AP Scheduled Areas Land Transfer Regulation, 1959 as
amended in 1970, 1971 and 1978
 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 challenges
For poor, legislations are not an end by themselves
Land problems faced by poor
• Pattas are given, but possession not shown
Assigned • Succession not implemented
lands • Alienated lands not resumed and restored even
though prohibition of transfer is in place

Govt. • Pattas are not given even though poor are in


Lands occupation of unobjectionable lands

• Lands bought by the poor on plain paper


Patta (sadabainama) yet to be regularized
Lands • Mutations not effected

• Provisional Pattas are given which need to be


Ceiling converted into D-Form Pattas
Surplus • Lands in occupation of Pattadar in some places
Land problems faced by poor
Bhoodan • No records
• Bogged down with many issues
Lands

Inam • Good number of cases are still waiting to be


settled
Lands

Endowment • Under occupation of non-poor in many places


Lands

• Lands wanting Survey


Other • Lands of the poor locked in courts for ages
Issues • Rastha/ burial ground issues
• House site issues
Land problems faced by poor
Tribal Lands
Land deprivation- Critical poverty dimension
Landlessness
Landlessness • Total Disempowerment

• Insecurity
Pattalessness
Pattalessness • Inaccessibility to credit
• Ineligibility for entitlements

• Insecurity
Possessionlessness
Possessionlessness • Nil impact on livelihoods

• No peace of mind
Land
Landin
inlitigation
litigation • Unbearable legal expenses

All the above drain the poor both economically and


psychologically
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.
Land purchase scheme
• To facilitate landless poor to become owners of productive
lands wherever Govt lands are not available, SERP has
purchased 2767 acres of cultivable agricultural land from
willing private sellers and provided to 3161 families with an
amount of 1821 lakhs during 2004-2009.
• It is proposed to purchase land for 7975 SC families and 1508
ST families in 2014-15 under new land purchase scheme,
subject to the allocation of funds to SERP under SCSP/STP.
Land access : Vision
Every poor person owning or enjoying a piece of land should
have

Title document in hand

Entry as owner and enjoyer in every


key revenue record

Land safely in developed and


possession yielding
incomes
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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
Inventory outcomes

• 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 17.5 lakh acres with investment of Rs.
5145 crore under MGNREGA
• Providing irrigation facilities to 5.8 lakh acres of
SC/ST lands under Indira Jala Prabha, with an
investment of Rs.1044 crore
• 10 lakh land issues of 908101 lakh SC/ST families
(involving 10.3 lakh acres) identified and being
followed up for resolution

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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/BHOOMIAP.
Total Land Issues identified 1001863
Land Issues updated in web 1001863
application
Land Issues resolved out of 846949
updated
% 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 338280 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 30436 15665 51
2 Entries in Rev.records 669178 603950 90
3 RoFR 6648 3654 54
4 Record of Rights 231415 183911 79
5 LEC 1464 1354 92
6 Survey Specific 20337 12277 60
7 Tribal Lands 1599 1009 63
8 Sada Bainamas 8250 3181 38
9 Inam Lands 117 46 39
10 Rastha issues 766 611 79
11 Others 31607 21529 68
Total No. Of land issues 1001817 847187 84.6
Total (No. of Poor)involved 925056 781306 84.4
Total (Extent)involved 1055057 894040.7 84.7
EVOLUTION
Resolution of land issues in last 5 years

Year Identified Resolved Percentage

2009-10 376367 264505 70

2010-11 399979 288379 72

2011-12 56074 55857 100

2012-13 473413 467654 99

2013-14 447170 310409 69


Some innovations/good practices
• 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) to
extend legal assistance to the poor
whose cases are locked in Courts is
established in DRDA in 6 Districts
(Anantapur, Kurnool,
Nellore,Guntur,Visakapatnam, East
Godavari)
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BHOOMI NYAYA SAHAYA KENDRAM (BNSK)

• 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 6 Districts.

• BNSKs have registered 341 cases


pertaining to 551 poor covering an
extent of 532.4 acres. Out of 103
cases filed, 7 were disposed so far
in which 6 orders are in favor of
BNSK beneficiaries.
Constraints/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 directed to attend Monday Grievance Day in Tahsildar
office along with PL/CS. For this necessary budget provision
towards TA & DA shall be made.
Constraints/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.
Constraints/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.
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

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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
Pathway to lands: Pathway to prosperity
• In 1998 SC Corporation has purchased 83
acres of land under LPS for 166 SC
beneficiaries @ 50 cents each in
J.Annavaram Vg , Yeleswarama Mandal of
East Godavari Dist. But there was no
approach road to the lands except
through Govt. Puntha which was
encroached by some other people.
• The issue which was pending for the last
9 years was rigorously pursued by the
IKP-Land Team , MS and SHG Women and
as a result Tahsildar got the survey
conducted along with IKP Community
Surveyors and demarcated the pathway
through Govt. puntha duly evicting the
encroachers on. The beneficiaries took a
deep sigh of relieif duly appreciating SHG
women for actively participating in
resolving their land issue.
Land in possession-New doors of opportunities opened

• During the year 2005, an extent of 98-28 acres of


land in Nandanapalli village was assigned to 64
landless poor of Gargeyapuram Village of Kurnool
Dist., During a meeting by DRDA-IKP Paralegal on 2nd
April 2007 to explain legal rights over the lands,
some of the above beneficiaries stated that
physical possession of the land was not given due to
which, they were unable to cultivate the land.

• The Paralegal pursued the matter with Tahsildar.


Finally Tahsildar, A.D. Survey and IKP-Community
Surveyors surveyed the land and handed over the
possession. ZS provided funds for planting stones.
Later, land development taken up under NREGA.
PPBs and TDs were also given to them. Now the
beneficiaries, who felt immense happiness to
ultimately get the land into their enjoyment, are
raising crops and earning good incomes.
Right to forests after long occupation
• On 6-2-2008, the ST SHG Members belonging to
Tatrakal village, Vajrakarur Mandal of
Anantapuram Dist., had represented to ‘Devi’
Village Organization that they were all cultivating
land since long and did not possess Pattadar pass
books for getting loans and subsidies.
• Immediately, the Community Surveyor went to
the field and identified that the land under the
cultivation of 232 SHG members is a Forest Land
(Dry) situated in S.No.168/D measuring acres
442-00. Then the Tahsildar recommended for
pattas to 232 members @ 2.00 acres each under
ROFR Act. Forest Rights Committee, Sub-
Divisional Level Committee and finally the
District Level Committee has approved it and
titles were issued.
• The SHG members now are very happy that they
got the rights on the lands they were cultivating
since years together which enables them to access
other govt. entitlements.
Bridging the “GAP”
• In a V.O.meeting attended by IKP-Land team at Gottivada village,
Kotauratla Mandal of Visakhapanam Dist., the SHG members brought a
long pending land issue to their notice that 98 SC and BC families were
cultivating land to an extent of 126-32 acres on a hill since 1986 but they
were not issued D-Form Pattas inspite of several requests made.
• The DPM, land took the matter to the notice of Tahsildar who had replied
that the land was under dispute between Forest and Revenue department
and the issue was pending since long.
• When the RDO was consulted, he had got the joint survey conducted by
Revenue & Forest Depts and found that it was not connected with the
Forest. Then the Tahsildar with the help of IKP-Community Surveyors got
the land demarcated and after taking the approval of assignment
committee issued D-pattas , PPBs & TDs to the assignees during V phase of
land assignment.
 
Convergent action made it possible
• When the land inventory work was taken up during 2010-11 in
the Marripadu mandal of Nellore Dist., it was found in Chabolu,
Pallovolu, Bheemavaram, D.C. Palli, Chilakapadu, Allampadu,
Budavada and Chunchuluru villages that the lands of assignees
are not demarcated, not entered in records, no PPBs given and
some do not know where their land was.
• This was discussed in Mandal Samakhya meeting and was brought to
the notice of the Joint Collector. The Tahsildar of the mandal was
directed to resolve all the above issues. Then, all the Mandal level
officers and 8 DRDA-IKP Community Surveyors were deputed to
Marripadu mandal to conduct survey in the above villages. While
conducting survey, pressure groups created hurdles. Jt.Collector
provided the police assistance. Updating of Revenue Records in
these villages was also taken up and the beneficiaries were also given
crop loans. NREGS works have been taken up for bush clearance and
leveling. The entire extent of 902-11 acres is now in effective
enjoyment of 432 poor SC/ST families with legal rights.
• The officers involved in this issue felt that though it was a team work
of Revenue Department, DRDA-IKP Land Team, MPDO, DWMA and
Police Department, without the involvement of Self Help Group
Women the work would not have got completed in a smooth
manner.

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