BIHAR LAND POLICY ON ANVIL

LAND POLICY OF BIHAR

The Government of Bihar is coming out with a comprehensive policy namely, Bihar Land Policy, 2008. The draft in this regard has already been prepared by the Revenue and Land Reforms department and is likely to get the Cabinet’s nod within a couple of months. The proposed policy is aimed at streamlining the Land and Revenue Administration, which is already in shambles.

>‘Singur’ and ‘Nandigram’ incidents in the Communist State of W.B. have compelled both Union as well as State Governments to reconsider the existing age old land laws in general and land acquisition law in particular.

This Policy is reportedly divided in four chapters related to land acquisition, re-settlement & re-habilitation, ceiling and land management respectively.

Lands are acquired under the provisions of Land Acquisition Act, 1894 (Act 1 of 1894), which is a Central Act. As this Act has been enacted by the erstwhile Britishers, many provisions are not farmers or land owners friendly and are not congruent with the changing socio-economic and political milieu. Many people from legal luminaries say that this law is biased against the land owners and farmers. In fact, this biasness is the crux of all such problems which are being experienced in many areas including Singur and Nandigram.

This Policy seeks to provide solution to all such problems by framing ‘Ground Rules’ for acquisition. Instead of awarding monetary compensation, the land losers would be rehabilitated by re-settling lands in ‘freely surrendered urban/ semi-urban areas.’ The amount of compensation and ‘solacium’ money have already been enhanced in ‘The Bihar Land Acquisition, Rehabilitation and Re-settlement Policy, 2007, this Policy seeks to ‘institutionalise’ it and make it further investment and rehabilitation friendly. Section 11 of the Land Acquisition Act, 1894 is sought to be amended to give the Collectors more discretionary powers in matters of awarding compensations. Idea is to give ‘human face’ to whole gamut of land acquisition and land management process.

Secondly, the ‘Ground Rules’ are to be framed for re-settlement and re-habilitation to the affected persons. The Policy also seeks to provide livelihood to the land losers and agricultural labours by way of creating jobs in the vicinity of the projects. The policy seeks to constitute a ‘Grievance Redressal Mechanism’ so that the grievances are disposed off more quickly and amicably. It also seeks to make ‘Social Impact Assessment’ of the entire acquisition process and take suitable steps accordingly. The uprooted people will continue to enjoy some of the ‘rights’ like fishing, grazing etc, hitherto not permitted, once the land is finally acquired. 

This policy also seeks to make some exemptions in land ceiling laws in districts like Kisanganj, which is becoming an attractive destination for Tea Cultivators. But surprisingly, it does not say anything about the other districts. The Land Ceiling Act, 1961 has hopelessly failed in this State and there are numerous instances where people are fighting legal battles for the land given to them under this Act in 1970s itself. Moreover, the cultivation itself is fast becoming unattractive and unprofitable, therefore the very continuity of ceiling laws themselves are being questioned today. Urban Ceiling laws have been repealed in most of the States including Bihar and time has come when the entire ceiling laws should reviewed.

Lastly, the Policy seeks to introduce modern technology in Land Management. The land records in this State are hopelessly in shambles. Most of the districts do not have updated land records. The ‘Khatiyan’ or the ‘records of rights’ have had been prepared by the British Government in 1890-1914. Barring few exceptions, the State Government has not been able to complete the second survey operation known as ‘Revisional Survey’ as yet, which had started in 1960s itself. The Policy throws some light on the pathetic conditions of the land records and seeks to update it by way of application of ICT. 

But, according to the information available, the progress in the digitalisation and computerisation of land records is dismally poor. 

The Policy has comprehensively dealt this issue also and seeks to remove all such bottlenecks and make entire records digitalised within stipulated period of time.

But the experiences suggest that here bureaucracy talks more and does less. Few months ago, the Nitish Kr Government constituted one ‘Land Reform Commission’ under the chairmanship of Debvrato Bandhopadhaya, one retired IAS from W.B. cadre to look into the entire gamut of issues and suggest measures to streamline and strengthen the Land Revenue Administration. The Commission has already submitted its report few months ago, but nothing in this regard has been done so far. The bureaucracy treats this issue as ‘low priority areas’ perhaps, because offices like ‘Board of Revenue’ and ‘Land Record Directorate’ are considered as punishment postings for IAS officers. Even when the Government wants to punish some officers, they are posted in these offices. Therefore; attitudinal change has to take place before getting the policy move.