It's Time To Think Urban

Ever wondered why we do not have an equivalent of 'Bhoomi'

for urban properties. The answer is: non-existence of a system that maintains

records of rights or ownership of such properties. Most of the cities in our

country do not have a system of maintenance of records of rights in respect of

urban properties and land, even though a robust system exists in respect of

rural agricultural land.

After development authorities such as Delhi Development

Authority (DDA) were set up in cities, large chunk of agricultural land was

acquired for development of residential, commercial, and industrial areas, which

were leased out to people. The details of lease and change of lessee were

maintained by the development authorities. However, the introduction of the

system of conversion of such land from lease hold to free hold has absolved the

development authorities from the updating of records relating to ownership of

such properties. At the same time no mechanism has been put in place to take

care of maintenance of record of right for freehold properties on account of

sale or inheritance. Today, for such properties it is only the sale deed

registered in a sub-registrar office, which is used for claiming ownership where

all past transactions are recorded. Legally this record or payment of property

tax cannot be taken as the record of right. Existence of unauthorized colonies

complicates the matter further.

It needs no emphasis that a system for creation and

maintenance of records of right in respect of urban properties is required

urgently for smooth transfer of ownership on account of sale and inheritance and

to enable owners to use such property as collateral. It will also reduce number

of court cases and civil suits filed to claim ownership in large number of cases

on account of absence of system for issuing record of right.

Preparation of land records involves survey of land or

property for preparation of map and settlement to fix the ownership of such

properties clearly demarcated and located on a map. This process becomes more

complex in case of cities and towns if one intends to use conventional system of

cadastral survey. Can technology enable us to do this work more efficiently,

quickly without any error? The answer is yes. Use of GIS map and database on

property tax or utilities could be the starting point. Unfortunately the

settlement part will have to be done manually using data of multiple agencies

such as property tax department, sub-registrar office, and electricity utility.

In Western countries this process was easier as only

conversion of paper based data and map from existing registers was involved. In

case of Indian cities and towns, except those of Maharashtra, the settlement

part will also be involved. The simplicity of process of settlement will be the

key to success, as many residents of unauthorized colonies may not have any

record to prove ownership of land or the building.

Preparation of digital records can start first in those areas

where properties were developed by development authorities like DDA or by

colonizers like DLF with whom details like the area map and records of original

ownership, community land, and government land will be available. The difficulty

will arise in case of properties developed on agricultural land, which has not

been regularized or on land acquired for development authorities, but illegally

occupied by people.

Putting in place a legal framework is required first.

Maharashtra Land Revenue Code and the system of the maintenance of land records

of urban areas of Mumbai and other cities of Maharashtra, can be used as a model

by other states with incorporation of technology for speedy creation of urban

land records and their maintenance. Like in Maharasthra, the maintenance of land

records, whether urban or rural, should be looked after by one agency to ensure

that no piece of land is left unattended after conversion of land from

agricultural to non-agricultural purposes.

Technology has to be used for preparation of error-free

records, which are also tamper-proof. Also use of technology will enable us to

get the map and database created faster. Availability of high resolution GIS map

whether prepared from aerial map or cadastral map will make the process faster.

For example, in case of Delhi, GIS Map on the scale of 1:1000 is available,

which has been prepared from aerial photographs.

What is required next is to confirm the boundaries in the map

with those existing on the ground and then do the settlement process to create

the database using existing database on property tax from municipal authorities

and sale deed data from sub-registrar. Application program will also be required

to run mutation linked with registration of sale deed. In other words this

database will be used by all related agencies. This will also enable people to

have proper record of right leading to reduction in size of sale deed document

and court cases.

Ministry of Rural Development is funding the complete

digitization of rural land records. The exercise, which has passed through the

pilot stage, is now being replicated in large number of States. Similar effort

is required to be made, in respect of urban land by making it another mission

mode project under NeGP. The more delay we make messier the situation is going

to be.

Prakash Kumar, The author is secretary

IT & administrative reforms department, Government of NCT of Delhi. The

views expressed are his own and does not reflect that of the Government or any

government policy