Introduction to the Telangana Record of Rights Bill, 2024

The primary purpose of the new draft Telangana Record of Rights Bill, 2024 is to consolidate and amend the law relating to land records in the state, addressing the shortcomings of the previous Telangana Rights in Land and Pattadar Pass Books Act, 2020.

One of the key objectives is to eliminate the need for stakeholders to approach civil courts to correct land records. The new bill includes provisions for preventing fraudulent mutations of land records, which was a major concern under the previous legislation.

The draft bill aims to provide a comprehensive framework for land rights by covering various aspects not addressed in the 2020 Act, such as:

• Record of rights for abadi (residential) lands
• Provisions for resolving part B cases (related to court cases)
• Inquiry requirements before mutations
• Mutations related to sales certificates
• Ownership rights for protected tenants (Section 38E)
• Occupancy Rights Certificate (ORC) and assignment patta
• Survey and subdivision processes prior to registration and mutation
• Creation of unique land parcel identification numbers (Bhudhaar)
• Mechanisms for appeal and revision
• Regularization of Sada Bainama (unregistered transactions) 
• Linkage to village accounts (Pahani)

By addressing these gaps, the new bill seeks to enhance transparency, efficiency, and ease of access to land records for farmers, landowners, and other stakeholders. It also proposes to replace the existing Dharani portal with a new system called Bhumata, which will cover the entire state of Telangana.

The draft bill is currently open for public feedback, allowing citizens to contribute their suggestions and recommendations before its introduction in the state assembly. The government’s efforts to consolidate and improve land rights legislation demonstrate its commitment to addressing long-standing issues in the land administration system.

Key Differences Between the 2020 Act and the 2024 Draft Bill

Elimination of Civil Court Involvement : 

One of the most significant differences between the Telangana Rights in Land and Pattadar Pass Books Act, 2020 and the new draft Telangana Record of Rights Bill, 2024 is the elimination of the need for stakeholders to approach civil courts for correcting land records. 

The 2020 Act required landowners to file petitions in civil courts for rectifying errors or making changes to their land records, which was a time-consuming and costly process. The new draft Bill aims to streamline this procedure by empowering the revenue authorities to make necessary corrections without the intervention of the judiciary. 

This change is expected to significantly reduce the burden on the courts and provide faster resolution of land-related disputes.

Fraud Prevention Measures:

Another key difference is the inclusion of provisions in the 2024 draft Bill to prevent fraudulent mutations of land records. The previous 2020 Act lacked specific safeguards against fraudulent activities, such as unauthorized changes to ownership details or encroachment of land. 

The new draft Bill introduces measures to ensure the integrity of land records by requiring mandatory inquiries before approving any mutations. It also proposes the creation of a unique land parcel identification number called “Bhudhaar” to track and monitor land transactions more effectively. 

These fraud prevention mechanisms are crucial in maintaining the accuracy and reliability of the land records system in Telangana. 

Comprehensive Coverage of Land Rights : 

The 2024 draft Bill aims to provide a more comprehensive framework for land rights compared to the 2020 Act. It addresses several issues that were left unaddressed or inadequately covered in the previous legislation, such as:

• Record of rights for abadi (residential) lands
• Provisions for resolving part B cases (related to court cases)
• Inquiry requirements before mutations
• Mutations related to sales certificates
• Ownership rights for protected tenants (Section 38E)
• Occupancy Rights Certificate (ORC) and assignment patta
• Survey and subdivision processes prior to registration and mutation

By addressing these gaps, the new draft Bill seeks to provide a more comprehensive and inclusive approach to land rights, ensuring that all stakeholders, including farmers, landowners, and residents, are covered under the legal framework.

Unique Land Parcel Identification

The 2024 draft Bill introduces the concept of a unique land parcel identification number called “Bhudhaar” to uniquely identify each land parcel in the state. The Bhudhaar will consist of a temporary number assigned during the initial stages of geo-referencing and a permanent number once the process is completed.

This unique identification system will help in tracking land transactions, preventing encroachments, and maintaining accurate land records. The 2020 Act did not have a provision for such a unique identification system, making it difficult to monitor and manage land-related activities effectively.

Appeal and Revision Mechanisms

The 2024 draft Bill includes detailed provisions for appeal and revision mechanisms, allowing stakeholders to challenge decisions made by the revenue authorities. The 2020 Act had limited provisions for appeals, which often led to disputes being dragged into the civil courts.

The new draft Bill aims to provide a more robust and transparent system for grievance redressal, with clear timelines and procedures for filing appeals and revisions. This will empower landowners and ensure that their rights are protected through a fair and efficient dispute resolution process.

Linkage to Village Accounts (Pahani)

One of the notable features of the 2024 draft Bill is the provision for linking revenue records to village-level land accounts known as “Pahani”. The previous BRS government had stopped recording land transactions after the rollout of the Dharani portal, the integrated land records system.

The new draft Bill seeks to reinstate the linkage between revenue records and village accounts, ensuring that land-related information is updated regularly at the grassroots level. This linkage will enhance transparency, improve data accuracy, and facilitate better monitoring of land-related activities.

Regularization of Sada Bainama

The 2024 draft Bill includes provisions for the regularization of “Sada Bainama,” which are unregistered land transactions. The 2020 Act did not have a specific mechanism for dealing with these unregistered transactions, leading to legal ambiguities and disputes.

The new draft Bill aims to address this issue by providing a framework for the regularization of Sada Bainama, subject to certain conditions and procedures. This move is expected to bring clarity and legal sanctity to these transactions, benefiting landowners who have been affected by the lack of formal registration.

In summary, the Telangana Record of Rights Bill, 2024 (Draft) introduces several key differences compared to the 2020 Act, focusing on eliminating civil court involvement, preventing fraud, providing comprehensive coverage of land rights, introducing unique land parcel identification, strengthening appeal and revision mechanisms, linking revenue records to village accounts, and regularizing unregistered transactions. These changes aim to create a more efficient, transparent, and equitable land administration system in Telangana.

Implications for Stakeholders 

This legislation has significant implications for various stakeholders, including farmers, landowners, real estate developers, and land administration authorities.

Impact on Farmers and Landowners

For farmers and landowners, the Bill introduces a more organized and transparent system for maintaining land records. By establishing a digital Record of Rights (RoR), the Bill aims to reduce disputes over land ownership and rights. 

This digitalization will make it easier for farmers to access their land records, thereby enhancing their ability to prove ownership and secure loans against their property. Furthermore, the introduction of unique identification numbers for land parcels, known as “Bhudhaar,” will streamline the process of land transactions and mutations. 

This clarity can empower farmers, ensuring they receive fair compensation in cases of land acquisition. However, there are concerns regarding the potential bureaucratic hurdles that may arise during the implementation of this Bill. 

Farmers may face challenges in navigating the new system, especially if they are not technologically savvy. Adequate training and support will be essential to ensure that all farmers, particularly those from marginalized communities, can benefit from these changes.

Implications for Real Estate and Development

The implications of the Telangana Record of Rights Bill for real estate and development are profound. By creating a clear and accessible record of land ownership, the Bill is expected to attract investment in the real estate sector. 

Developers will have greater confidence in the legitimacy of land titles, which can facilitate smoother transactions and reduce the risk of legal disputes. The clarity provided by the RoR will also aid in the planning and development of infrastructure projects, as developers will have reliable data on land availability and ownership.

Moreover, the Bill’s emphasis on regularizing unregistered transactions can help bring previously informal land dealings into the formal economy. This transition can lead to increased tax revenues for the state and better urban planning. However, it is crucial that the Bill is implemented transparently, with safeguards to prevent corruption and ensure that all stakeholders are treated fairly.

Effects on Land Administration and Governance

The Bill will significantly impact land administration and governance in Telangana. By digitizing land records and establishing a centralized system for managing these records, the Bill aims to improve efficiency and accountability within land administration https://ccla.telangana.gov.in. 

This modernization can reduce the time and resources spent on resolving land disputes and managing records, allowing authorities to focus on more pressing governance issues.  

Additionally, the Bill provides for appeals and revisions regarding land records, which can enhance the fairness of the system. This aspect is particularly important in a state where land disputes are common. However, the success of these provisions will depend on the training and capacity-building of land administration officials to handle the new system effectively.

In a way, the Telangana Record of Rights Bill, 2024, presents a transformative opportunity for farmers, landowners, real estate developers, and land administration authorities. By promoting transparency, efficiency, and accountability, the Bill aims to create a more equitable and organized land management system in Telangana. However, careful implementation and support for all stakeholders will be crucial to realize the full benefits of this legislation.

Inclusive Approach to the Record of Rights Bill

The Telangana Record of Rights Bill, 2024, emphasizes public feedback and engagement, methods for public participation, and the importance of community input in shaping effective legislation.

Public Feedback and Engagement

The Telangana government has actively sought public feedback on the Record of Rights Bill, 2024, by making the draft available for review and comment. Citizens can access the Bill through the official website and are encouraged to submit their suggestions via email or postal mail until August 23, 2024. 

This initiative demonstrates the government’s commitment to transparency and inclusivity in the legislative process. By inviting public opinions, the government aims to identify potential issues and improve the Bill before it becomes law. This engagement not only empowers citizens but also fosters a sense of ownership and accountability among stakeholders, ensuring that the legislation reflects the needs and concerns of the community.

Methods for Public Participation

To facilitate public participation, the Telangana government has employed multiple methods, including online platforms, direct communication channels, and physical locations for feedback submission. 

The draft Bill is accessible on the CCNA website, allowing individuals to review its contents conveniently. Additionally, the government has provided an email address for direct feedback and established physical drop-off points for submissions. This multifaceted approach ensures that a diverse range of voices can contribute to the legislative process, including those who may not have internet access. 

By accommodating various methods of participation, the government aims to engage a broader audience, ensuring that the final legislation is well-informed by community insights.

Importance of Community Input in Legislation

Community input is crucial in the legislative process, particularly for laws affecting land rights and administration. The Telangana Record of Rights Bill, 2024, acknowledges this importance by prioritizing stakeholder engagement. 

By incorporating feedback from farmers, landowners, and other affected parties, the Bill can address specific concerns related to land management, ownership disputes, and administrative processes. This collaborative approach not only enhances the quality of the legislation but also builds trust between the government and the community. 

When citizens feel that their voices are heard and their needs are considered, they are more likely to support and comply with the new laws. Ultimately, the success of the Bill will depend on its ability to reflect the collective interests of the community it serves, making public input an invaluable component of the legislative process.

Future Steps and Legislative Timeline:

The Telangana Record of Rights Bill, 2024, outlines a clear legislative timeline, addresses potential challenges, and sets forth future steps for effective implementation.

Future Steps and Legislative Timeline

The legislative timeline for the Telangana Record of Rights Bill, 2024, is structured to ensure thorough public engagement and efficient passage. The government has made the draft Bill available for public review from August 2 to August 23, 2024.

During this period, citizens can submit feedback and suggestions via email ror2024-rev@telangana.gov.in  or through designated physical locations. Following the feedback collection, the government will analyze the input and make necessary revisions to the Bill. The final version will then be presented to the Assembly for discussion and approval.  Once passed, the Bill will come into effect in specified areas as notified by the government. 

This structured approach not only promotes transparency but also ensures that the legislation is well-informed by community insights, ultimately leading to a more effective legal framework for land rights in Telangana.

Anticipated Timeline for Bill Introduction and Passage

The anticipated timeline for the introduction and passage of the Telangana Record of Rights Bill is critical for stakeholders. The government aims to finalize the Bill by the end of August 2024, following the public feedback period. Once the revisions are made, the Bill will be introduced in the Assembly for debate and approval. 

The legislative process may take several weeks, depending on discussions and any amendments proposed by lawmakers. After passing through the Assembly, the Bill will require assent from the Governor before becoming law. The government has indicated that it will prioritize the swift passage of the Bill to address existing challenges in land administration and improve the overall efficiency of land management in the state.

Potential Challenges Ahead

While the Telangana Record of Rights Bill, 2024, aims to streamline land administration, several potential challenges could arise during its implementation. One significant challenge is the need for effective training and capacity building among land administration officials to manage the new digital systems and processes introduced by the Bill. 

Additionally, ensuring that all stakeholders, especially marginalized communities, have access to the new system poses a challenge, as technological disparities may hinder participation. There is also the risk of bureaucratic delays and resistance to change from entrenched interests within the existing land administration framework. 

Furthermore, public awareness campaigns will be necessary to educate citizens about their rights and the new processes under the Bill. 

Addressing these challenges proactively will be essential for the successful implementation of the legislation and for achieving its intended goals of transparency and efficiency in land management.

Conclusion Summary of Key Points

The Telangana Record of Rights Bill, 2024, represents a significant advancement in land administration and rights management within the state. Key provisions include the establishment of a digital Record of Rights, unique identification numbers for land parcels (Bhudhaar), and streamlined processes for land transactions and mutations.

The Bill aims to reduce disputes over land ownership, enhance transparency, and empower farmers and landowners by providing them with easier access to their land records. Additionally, the Bill emphasizes public feedback and community engagement, ensuring that stakeholders have a voice in shaping the legislation. By addressing existing challenges in land management, the Bill seeks to create a more organized and equitable framework for land rights in Telangana.

Future Outlook for Land Rights in Telangana

The future outlook for land rights in Telangana appears promising with the implementation of the Record of Rights Bill, 2024. By modernizing land administration through digitalization and enhancing public participation, the Bill is expected to foster a more transparent and efficient system. 

This transformation will likely attract investment in the real estate sector, as developers will have greater confidence in land titles and ownership. Moreover, the focus on regularizing unregistered transactions can help integrate informal land dealings into the formal economy. 

However, successful implementation will depend on addressing potential challenges, such as training for officials and ensuring equitable access for all stakeholders. If effectively executed, the Bill could serve as a model for land rights legislation in other states, ultimately contributing to the socio-economic.