Skip to main content

Proposed Telangana record rights Bill 'could undermine' land rights in scheduled areas

By Dr Palla Trinadha Rao* 
The proposed Telangana Record of Rights Bill, 2024, seeks to replace the existing Telangana Rights in Land and Pattadar Pass Books Act, 2020. However, it is in clear violation of the Telangana Scheduled Area Land Transfer Regulation 1 of 1959 (amended in 1971 and 1978) and the Panchayats Extension to Scheduled Areas (PESA) Act of 1996. Tribal groups, including the Adivasi Advocates Association of Telangana, have raised serious concerns about the proposed Bill, which could undermine the land rights of tribal communities.

Violation of scheduled area land transfer regulations and tribal protections

The Telangana State Government has introduced changes in the Record of Rights and initiated the digitization of land records, which threatens the protections afforded to tribals under existing laws. Previously, the Governor promulgated the Andhra Pradesh Scheduled Areas Land Transfer Regulation of 1959 (Regulation I of 1959), amended by Regulation I of 1970, which prohibits the transfer of land to non-tribals in Scheduled Areas. After the bifurcation of Andhra Pradesh, these regulations were adopted by the State of Telangana.
The Koneru Ranga Rao Land Committee, constituted in 2004, highlighted the illegitimacy of landholdings by non-tribals in Scheduled Areas, including government lands and other tenures. The committee found that approximately 15,000 acres of land in the Bhadrachalam agency area were held by non-tribals under an invalid Government Order (No. 41) with a valuation of ₹75 crores as of 2004.
The committee also raised concerns about Utnoor Mandal in the erstwhile Adilabad District, where around 21,062 acres of land were recorded under old pattas held by non-tribals prior to 1950. The authorities were directed to verify whether the non-tribals had obtained the Collector's permission to hold such lands; if not, the lands were to be canceled and assigned to tribals.
Additionally, the committee instructed a review of settlement orders favoring non-tribals, recommending that appeals be filed against any settlement patta issued in contravention of the Land Transfer Regulations (LTR). The Government of Andhra Pradesh issued G.O. Ms. No. 68, affirming that LTR 1 of 1959, as amended by 1 of 1970, takes precedence over Settlement Regulations, rendering any settlement patta granted to non-tribals null and void. However, the Telangana authorities have failed to take action to file appeals against fraudulent settlement pattas obtained by non-tribals in Scheduled Areas.

Non-Tribal eviction and redistribution of land

The committee recommended the eviction of non-tribals from cultivable land in uninhabited or deserted villages, with the land being reallocated to tribals. It also emphasized the need to survey the Billa Number (un surveyed) lands in Kothaguda, erstwhile Warangal District, where approximately 21,000 acres are held by both tribals and non-tribals. Revenue authorities were directed to evict non-tribals from these illegal occupations. Furthermore, the committee called for the takeover of Farari Patta lands from non-tribal occupation under LTR provisions.

Regularization of illlegal land holdings through Sada Bainama

Since 2016, Telangana has been regularizing land transfers based on 'Sada Bainama' (transfers executed on unregistered plain papers). This process has increased the regularization of illegal landholdings by non-tribals, who produce backdated documents to evade the Land Transfer Regulations.
Although Section 5(2) of the Bill, 2024, stipulates that the regularization of unregistered land transactions must comply with the Land Transfer Regulations (LTR) of 1959, the Bill also validates decisions made by revenue officials under the Telangana Rights in Land Pattadar Pass Books Act, 2000. 
In 2004, the Koneru Rangarao Land Committee recommended that unregistered deeds predating the LTR should be inadmissible as evidence for establishing a non-tribal’s right to land in Scheduled Areas. Accordingly, in 2008, the government issued a memo stating that Sada Bainamas produced by non-tribals should not be considered valid.
In Vemula Bhaskara Rao v. State of Andhra Pradesh (2008), the Andhra Pradesh High Court ruled that unregistered sale papers cannot be considered valid when examining tribal rights under the LTR.

Contradictions within the Bill 2024

The Bill, 2024, exempts lands assigned, allotted, or alienated by the State from provisions concerning the record of rights and the registration of land transactions, raising significant concerns. Furthermore, the Bill validates pattadar pass books issued under the 2020 Act, introduced by the previous Bharat Rashtra Samithi(BRS) Government. The Andhra Pradesh High Court has ruled that the LTR takes precedence over the Record of Rights Acts, clarifying that non-tribals are not protected under these Acts in the context of LTR inquiries.

Ignoring PESA regulations and tribal gram sabhas

According to the Panchayats Extension to Scheduled Areas (PESA) Rules of 2011, all land transfers must be reviewed by the PESA-notified Gram Sabha to ensure accurate land entries in the record of rights. The Bill, 2024, undermines the role of the Gram Sabha in this process.
The Bill's presumptive value assigned to land entries is inconsistent with the LTR 1 of 1970, which stipulates that lands occupied by non-tribals in Scheduled Areas are presumed to have been acquired through illegal transfers from tribals unless proven otherwise.
Additionally, the Bill introduces provisions from the Civil Procedure Code (CPC) of 1908 for inquiries by appellate and revision authorities, although the CPC does not apply to Scheduled Areas, where Agency Rules, 1924, for civil dispute adjudication are in force.

Empowering tahsildars and undermining LTR

The Bill empowers Tahsildars to act as Registrars for land transactions and to implement mutations of land records. This contradicts the provisions of the Land Transfer Rules 1980, which prescribes a separate procedure for registering documents involving land transfers in Scheduled Areas and imposes restrictions on Registering Officers under the Registration Act, 1908. Under the LTR, permission from the Agent to the Government or District Collector is essential for registering land transactions in Scheduled Areas.

Immunity for revenue officials

The Bill 2024 provides immunity to revenue authorities from civil and criminal liability for errors in recording rights and registering land transactions. This is in stark contrast to the Telangana Rights in Land and Pattadar Pass Books Act 2020 ,which included penal measures, such as dismissal from service and criminal proceedings against erring officials.
Despite existing government orders, the enforcement authorities have failed to implement them. Successive governments continue to introduce Record of Rights legislation that disregards tribal protection laws, facilitating the legalization of illegal landholdings by non-tribals in Scheduled Areas.
Call for Review and Amendment of the Bill
It is imperative that the Telangana State Government reviews the provisions of the Telangana Record of Rights Bill, 2024, and aligns it with the Land Transfer Regulations 1 of 1970, the PESA Act, 1996, and the Telangana PESA Rules, 2011. The government should also ensure that its decisions follow the recommendations of the Koneru Ranga Rao Land Committee and previously issued government orders to protect tribal land rights.

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”