Indira Kranthi PathamIndira Kranthi Patham

Land PilotLand Pilot

Outline of the PresentationOutline of the Presentation

Rationale for Land Pilot

An overview of Land Purchase and Impact Study findings

An overview of Non-Land Purchase activities and findings

from Impact Studies

Need for scaling up the Pilot

Enabling atmosphere for scaling up

Scaling up Strategy

Expected outcomes

Budget

Rationale for Land PilotRationale for Land Pilot

Access to Land and Poverty Reduction

Land still an emotive issue in rural areas

Possession of “Bhoomi” 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 earth you possess..

A budget outlay of 52.6 crore for

Land Purchase Non- Land Purchase (Land access)

activities

Objectives Purchase best quality lands for the poor Secure land rights to the poor through a multi pronged approach by putting in

place support mechanisms.

Land Purchase- Strategy Land Purchase- Strategy followedfollowed

Purchase of Lands

falling in the command area of the Major and Medium Irrigation Projects.under those Minor Irrigation sources, which have assured water supply.in Categories III and IV Mandals of Ground Water potentiality.Fruit bearing orchards.

FeaturesFeatures

Only productive lands under assured sources of irrigation.

Beneficiaries all poor landless often working as laborers on the same lands. first time owners of the land.

Purchasers derive immediate incomes.

Purchase process totally community driven.

VOs play leading role in identifying the lands, negotiating rates etc.

Lands registered in the names of the women only.

Stamp & Registration fee & Transfer duty exempted by Govt.

Lands Purchased so farLands Purchased so far 3178 acres of land purchased by 3436 landless poor women investing Rs.1993 Lakh.

Land Purchase StudyLand Purchase Study

Study by Indian Institute of Dalit Studies,

New Delhi

ObjectiveObjectiveTo Study economic benefit in terms of income accrued from the land. Impact on vulnerability and human

development aspects. Social empowerment.

SampleSample 223 households from 4 villages of

Mahaboobnagar, Nalgonda, Guntur and Prakasam districts

63 IKP land purchase beneficiaries

36 IKP non-land beneficiaries

69 Non-IKP land beneficiaries

55 Landless poor

MethodologyMethodology Personal interviews with selected sample

stakeholders and FGDs Physical and financial performance of IKP

Land Purchase programme and data from NSSO.

Study Sample and MethodologyStudy Sample and Methodology

Impact on IncomeImpact on Income

Average net income for aggregate of all groups is Rs.7501 per cropping season. Varies from Rs.7,700 in Mahaboobnagar to Rs.14,270 in Prakasam.

Average net income earned by SCs in one cropping season is higher i.e. Rs.8388.

Income increased in all the sample households by 30% to 75% after the intervention.

Shift in source of income from wages to farm produce.

Decline in the wage income in majority households. Overall income from cultivation accounts for 65 to 80 % of total household income.

Prior to intervention, IKP land beneficiaries were totally landless dependent on agri. labor, facing uncertainties in access to food, employment, credit etc. Short term seasonal migrations also.

After the intervention, 76% of them are food secure. It is lesser in other categories.

VulnerabilityVulnerability

Seasonal Migration has come down and is least among IKP land beneficiaries.

IKP Land beneficiaries

4.76%

IKP Non-Land beneficiaries

22.22%

Non- IKP Land beneficiaries

30.43%

Landless Poor 45.45%

Human DevelopmentHuman Development

IKP Land beneficiaries

50.79%

Landless Poor 38.18%

IKP Land beneficiaries

66.67%

Landless Poor 50.91%

Improvement in access to health and education.

A positive shift from child labor to school education

Can manage expenditure on health.

Social EmpowermentSocial Empowerment

21% of beneficiary households are elected to Panchayat.

Significant percentage hold some posts in CBOs.

IKP Land beneficiaries 65%

IKP Non-Land beneficiaries

22.22%

Non- IKP Land beneficiaries

1.45%

Landless Poor 5.45%

Non-land purchase Non-land purchase activitiesactivities

Strategy followedStrategy followed

Institutional mechanism for convergence between IKP and

Revenue Department- G.O.Ms.No.1148

Positioning a sensitive cadre of officers who are insiders to

the Department working on the side of the poor

Convergence with Survey and Tribal Welfare Departments

Partnership with Civil Society Organizations

Partnership with Law Colleges

Creation of awareness about land rights in community

Work done so farWork done so far

IKP has secured land rights over 76,050 acres to 50,700 poor.

Land data banks compiled for 268 Mandals. Preparation and follow up on Sub Divisional Land Action Plans- fed into the Govt. Land Distribution Programme.

Trainings to the Revenue officers by APARD in partnership with the CCLA.

Training of community in 7 districts.

Work done so farWork done so far

Legal Assistance Pilots in Kadapa and tribal areas of Utnoor, Eturunagaram, Bhadrachalam and West Godavari.

Physical Inventory of lands and Scrutiny of LTR cases in Tribal Areas.

Paralegals and Community surveyors.

Assistance to the Land Committee appointed by Government.

Strategy different as IKP worked both on demand side and at policy level.

StudiesStudies

Studies conducted on

Physical Inventory

Work on Tribal Land Issues

Legal Assistance Programme for Land

Study of physical inventoryStudy of physical inventory

ToR- to test the following hypothesesToR- to test the following hypotheses Preparation of physical inventory secured rights

and titles over the land and helped in getting physical possession.

Long pending issues were identified and settled as a result of the Inventory and other necessary support in the form of providing trained community surveyors.

SampleSample Case studies from two Villages of Rangareddy

and Warangal districts Survey done by community surveyors in

Visakhapatnam

MethodologyMethodology FGDs and Case Studies

Physical inventory in RangareddyPhysical inventory in Rangareddy

About 10,000 acres of Government land assigned to the poor alienated. 6,800 persons acquired it illegally. Government took up 2,500 cases involving 4250 acres. Orders were passed in 451 cases covering 840 acres.

In addition, 3,171 poor cultivating 5057 acres of land but did not have title were given pattas.

Tallapalligudem (v), Manchal (M), Rangareddy-Tallapalligudem (v), Manchal (M), Rangareddy-

Land cleared by the poor 34 years ago and later claimed by the Forest Department.

After a long struggle Collector permitted for distribution in 1996 but no action was taken.

IKP took up the issue and 246 poor could get ownership over 414.02 acres.

FindingsFindings

Kothur (v), Khanapur (M), Warangal-Kothur (v), Khanapur (M), Warangal-

The land issue was pending for more than 40 years.

348 acres of land was cleared by the poor and later was claimed by non poor, who got pattas and sold them.

After the inventory 49 poor got pattas over 40 acres. Remaining land under process.

Other Villages- Other Villages-

Inventory in another 4 villages brought out that 5196 acres of land under cultivation of the poor is claimed by the Forest Department. And the issue pending for more than 35 years now.

Impact of Community Surveyors in Impact of Community Surveyors in Visakhapatnam-Visakhapatnam-

23 rural poor youth were trained in survey.

After the inventory, 11,500 acres of Government land detected for assignment.

Survey done and 11,175 acres were assigned to 8,603 land less poor.

Later 7 community surveyors were engaged by PO, ITDA, Utnoor and another 10,000 acres were surveyed and assigned to the poor.

The inventory, prepared at a time when the land records were in poor shape and the department shifted focus to other issues, has brought into light many issues relating to assigned lands.

Follow up on the inventory along with providing support in the form of community surveyors helped the poor in getting secured title/ possession.

Study of work on Tribal Land IssuesStudy of work on Tribal Land Issues

ToR- testing the following hypothesesToR- testing the following hypotheses The strategy of evolving tribal youth/women as

Paralegals is effective in mapping and addressing land issues of the

tribals Physical inventory enables to identify problems that

limit effective land access and utilization by the poor Establishing and strengthening legal aid clinics in law

colleges aids in providing access to the tribals to justice.

SampleSample 4 villages in agency areas of Utnoor and K.R. Puram. 60 cases scrutinized in which appeals can be preferred /

already preferred

MethodologyMethodology FGDs with officials , Paralegals, Mandal Samakhya and

Village Organizations and tribals & Data from ITDAs

Sl. No.

Agency % Of Tribal Population

1991 2001

1 Utnoor 43.97 32.62

2 K.R. Puram

43.15 43.89

Sl.No.

Utnoor K.R.Puram

1. Total LTR Cases booked

7493 11162

2. Cases disposed 7010 7601

3. In favor of tribals

3718 2456

4. In favor of non tribals

3292 (47%)

5145 (68%)

Utnoor AgencyUtnoor Agency

1371.28 acres of Govt. land in Vankamaddi and 20 acres in Marlawai are under tribal cultivation and pattas to be issued.

In Shivnoor, Gonds are cultivating a land belonging to a Non-tribal who is a Farari Pattadar for decades.

In Gowri, Non-tribals have occupied Kolam lands forcefully.

After a prolonged legal battle, Smt Manku Bai’s family was restored the lands under occupation of a non-tribal. The Mandal Samakhya proudly quotes this achievement.

Mandal Samakhyas are aware that non-tribals can not own land in scheduled areas and if they own, they should prove it legally. They are sure that the tribals who lost lands should get them back and wanted that the tribals cultivating government lands be given Pattas on priority.

K.R. Puram agencyK.R. Puram agency

Palakunta (V), Buttayagudem (M)

Only 29 persons have PPBs. Some tribals assigned lands in 1988 were not given Pass Books till today. Many families assigned lands in 1998 but lands were not shown to them till now.

One non-tribal ex-Village Officer owns 100 acres which are not reflected in Adangal. It was discreetly informed that such deliberate omissions by Village Officers are very common.

Ammapalem (V), Buttayagudem (M)

Large areas under occupation of non-tribals are not shown in the Adangal and not covered by LTR cases.

Pattas were distributed in special land assignment programme in 2005 but land was not physically handed over to tribals so far .

Legal Aid ClinicsLegal Aid Clinics

The Cases decided in favor of non-tribals and appeal cases were analyzed by students of Law Colleges. Appeals are under preparation in 150 cases in Utnoor and 180 cases in K.R.Puram.

For cases pending in apex courts, no stay orders were issued but still the orders in favor of tribals not implemented on the plea that they are pending in these courts.

Out of 30 cases pending in High Court, 26 are pending for more than a decade.

Analysis of 60 cases shows that the cases are simple in nature and benefit the tribals if officials produce correct records before courts. The benefit is going to non-tribals by default for several years.

FindingsFindings

Paralegals system is effective asParalegals system is effective as They are from the local community and

enjoy confidence of the people. They are able to compare the data

available on record with the actual field situation. Thorough discussions are also held with the community who supported during the physical inventory.

Physical inventory is a great revelationPhysical inventory is a great revelation

Legal Aid Clinics in law colleges help in Legal Aid Clinics in law colleges help in scrutinizing the cases and filing appealsscrutinizing the cases and filing appeals

Study of Legal Assistance ProgrammeStudy of Legal Assistance Programme

ToR- to test the following hypothesesProviding legal aid enabled the poor to fight out their land cases. The system of paralegals is effective in facilitating poor in getting access to justice.Existing land dispute adjudication system adopted poor-friendly methods resulting in speedy disposal of cases.

SampleRajampet Revenue Division of Kadapa district

MethodologyFGDs and Case Studies

Most of the land cases are related to assignment lands or RoR.

In every village about 30% - 40% people require legal support in land cases.

Statutory and constitutional provisions are there, still access to justice remains a dream.

Budget allocated for legal service authorities by the Union Government for 2001-02 was Rs.3 crore only. A state govt. get about Rs.10 Lakh per year.

Even the available legal aid is practically not available in revenue courts.

Lok Adalats mainly cover certain categories of disputes like insurance claims, consumer cases and marital cases etc. Land disputes coming to Lok Adalat is very rare.

Findings

About 75 land cases (about 1,000 acres) were settled in Kadapa district and all these case were settled in village courts.

Legal aid clinics are established in Law Colleges. Increasingly law students are showing interest in the programme.

A cadre of community based Paralegals are playing key role in helping the poor in solving their cases.

Village Courts were successful in settling land cases of the poor.

Mere providing of services of a lawyer or court fees will not suffice.

Changes in formal court system (speedy trial, Lok Adalats etc.)

Legal awareness should necessarily lead to legal empowerment.

Information centers to provide easy access to information, records etc.

Possibilities of institutionalizing the role of paralegals. (In tribal areas “Sanad” for paralegals).

Legal aid clinics established can be made permanent institutions with the intervention of State Bar Council.

LearningsLearnings

Need for scaling up Non-land purchase Need for scaling up Non-land purchase activitiesactivities

Most of the lands assigned to the poor are not with the poor.

Thousands of Cases involving the lands of the poor are locked in various Civil and Revenue Courts. A poor man waits nearly 10-15 years for justice.

Tribals are losing lands, more than 50% of lands are in the control of non-tribals.

More than 50% of the cases booked under LTR go in favor of non-tribals and they do not have any legal support.

About 50% of the land issues involve survey and demarcation of land. Due to shortfall of departmental surveyors issues are pending.

Out of 1615 posts of surveyors and deputy surveyors, 655 are vacant. Out of 960 who are working, most of them are attached to the new irrigation projects.

Enabling Conditions for Scaling UpEnabling Conditions for Scaling Up

Strong CBOs proactively engaged in dealing with all issues of poverty.

They are handling HR effectively.

CRP strategy followed by the Project proved successful.

Govt. Support.

Revenue

Judiciary

Pilots have established the processes of resolving the land issues.

Scaling up StrategyScaling up Strategy

Planned in 826 Mandals. ParalegalsLand Rights and Legal Assistance Centers in ZSLegal Coordinator Panel of Lawyers Partnerships with Law Colleges

Community Surveyors

Land Centers in APARD and NALSAR University of Law G.O.Ms.No. 312 and 313 issued by the Government.

Working ModelWorking Model

Identification of land issues of the poor

Working partnership with Revenue Department/LSAs

Speedy disposal of Cases in Courts

Legal aid

Land litigation free villages

Discussion in the CBOs. Functional sub-committees.

Legal awareness leading to legal empowerment.

StatusStatus

Taken up in the first phase in 418 MandalsParalegals positioned in 255 Mandals in 13 districts and are under immersion with CBOs. 3 Phases of Trainings planned22 Legal Coordinators selected and trained by NALSAR University of LawLand Managers positioned in 13 districts 106 Community surveyors trained at APSTA and sent back for apprenticeship. Another 102 under training. Training modules and Handbooks are under preparation

Expected outcomes in the next one yearExpected outcomes in the next one year

Access to Land provided for 12,000 acres (approximately Rs.60 crore worth of lands)

Legal aid in 1000 cases

Land Records will be made available to the CBOs

Physical inventory of all assigned lands

3 villages in every Mandal to be made as land litigation free villages (2478 villages in total)

30 community members in every Mandal will be legally empowered (25,000 members in total)

Possible opportunitiesPossible opportunities

Occupancy rights and title to the occupants of Inam Lands for more than one Lakh acres.

Regularization of white paper sale transactions can result in Lakhs of poor becoming legal owners of the lands.

The Land Committee is submitting its report to the Govt. If the recommendations are accepted, IKP can facilitate Ownership rights to about 5,00,000 Lakh

Protected Tenants in Telangana Securing lakhs of tenants in Andhra Area access

to credit.

Overview of the BudgetOverview of the Budget

Sl.No.

Land Purchase

Non-Land

Purchase

1 Total Budget 5260

CIF 4734

2 Expenditure made 1993 202

3 Budget allocated for 06-07

2000 1229

4 Budget required from Apr, 2007 to Sep, 2008

2000 1200

(In Lakhs)

Thank YouThank You