SERVICES PRETAINING TO OWNERSHIP OF LAND
Maintenance of land ownership Records
The
agricultural land in NCT of Delhi is governed by a number of statutes
like the Delhi Land Reforms Act 1954, Delhi Land Revenue Act and the Punjab
Land Revenue Act 1887. One can ascertain from the concerned area Tehsildar
as to which Act is applicable to his/her land. Most of the agricultural
land in Delhi is governed by Delhi Land Reforms Act 1954.
There are a large number of Revenue functionaries who discharge their
duties under the statute on the matter related with ownership of land
and collection of land revenue.
1.
Halqua Patwari
Each
Village is assigned to a particular halqwa patwari who maintains the record
of ownership of land(khatauni/Jamabardi), record of cultivation on the
land (Kharsa Girdawari), map of the village called 'Aks Sizra' mutation
register and other records of the village. In every cropping season, ie.
Kharif, Rabi & Zaid, the halqua patwari inspects every field and records
the cultivation data. He also initiates mutation(ie. change in ownership)
and gives certified copies of land records.
2.
Field Kanungo
The
work of Halqa patwari is supervised by a field Kanungo, whose main duties
are :
a. General Supervision over Patwari
b. Supervision over Village Maps
c. Checking of patwari's records and statistics
3.
Niab Tehsildar & Tehsildar
The
work of Halqa patwari and Kanungo is further supervised by both the Naib
Tehsildar and Tehsildar. It is the duty of Naib Tehsildar and Tehsildar
that the land records are maintained correctly and all subordinate staff
discharge their duties efficiently and properly. It is also the duty of
Tehsildar and Naib Tehsildar that 'Jamabandi' and 'Khatauni' are prepared
as per the schedule given in the Act.
4.
Revenue Assisstant & Collector
Above
the Tehsildar in the Hierarchy are the Revenue Assisstant(ie.-SDM) and
the Collector(ie. Deputy Commissioner).
Maintenance
of Land Ownership Records
The
record of ownership of land under the DLR Act 1954 is known as 'Khatauni'
and is prepared in form no. P-VI. In case of Punjab Land Revenue Act,
the records of ownership of land is known as 'Jamabandi'.
KHATAUNI
Khatauni is the register of all persons cultivating or otherwise occupying
land in a village as prescribed according to Delhi Land Revenue Rules.
It is prepared in Form P-VI. It is a document prepared as part of record-of-right
in every estate. It contains entries regarding ownership, cultivation
and various rights in land. It is revised every 4 years when it is prepared
by patwari and attested by Revenue officer.
JAMABANDI
It
is a document prepared as part of record-of-right of all persons owning
land in a village according to Punjab Land Record Manual. It contains
entries regarding ownership, cultivation and various rights in land. It
is revised every 4 years when it is prepared by patwari and attested by
Revenue officer. The changes of rights in land coming to the notice are
reflected in the Jamabandi according to a set procedure after verification
by Revenue Officer.
Khatauni/Jamabandi are kept in the custody of halqua patwari. They are
re-written after every four years incorporating all the mutations (ie.
charge of ownership) that has taken place during the four year period.
Khatauni/Jamabardi is the most important document as far as ownership
of agricultural land is concerned and one must ensure when he buys a piece
of land that his / her name is incorporated in Khatauni/Jamabandi by way
of mutation. There is a seperate khatauni/jamabandi for each village.
KHASRA
GIRDHAWARI : ( Record of Cultivation)
It
is a register of harvest inspections. The patwari conducts the field harvest
inspections in the month of October, February & April, wherein he
records facts regarding crop grown, soil classification, cultivable capacity
of the cultivators. The first six monthly inspection starting from Ist
October is called as Khariff girdhawari while the second commencing from
Ist February is called Rabi girdhawari. In the month of april the "Zaid"
girdhawari is done.
The entries made by the halqa patwari are verified by the field Kanungo
Kharsa Girdawari entries are made in form P-1V in case of Delhi Land Revenue
Act 1954 and in form no.11 in case of Punjab Land Revenue Act 1887.
MUTATION
Mutation
indicates the changes that have to be brought about in ownership and title
of the land. Mutations are done on the basis of Sale deed, Inheritance,
Gift deed, Relinquish deed, Will etc.
Procedure
for carrying out mutation
| a. | Apply on a plain paper with a Non-judicial stamp of Rs.5 affixed on it. |
| b. | Application should be addressed to the Tehsildar of the area in which the land is situated. |
| c. | Clearly mention the name of the village in which the right has been acquired & give description of the land. |
| d. | The name, parentage, residence of the person from whom the right has been acquired and the manner in which the right has been acquired. |
| e. | The name, parentage and residence of the person who has acquired the right. |
| f. | The date of acquiring the right. |
| g. | The application should be submitted along with copies of documents on the basis of which the mutation is sought. |
| Process | |
| a. | A proclamation is issued inviting objections to the proposed mutation and specifying the date (being not less than 15 days from the date of the proclamation) upto which any objection to the mutation will be entertained. |
| b. | Halqa patwari submits his report in prescribed format no.P-I |
| c. | Statement of parties are recorded |
| d. | Contents of documents are matched with the recorded statements |
| e. | If no objection is received, the mutation is sanctioned. |
| f. | If objection is received against the mutation application, the same is referred to Revenue Assistant (SDM) of the area for taking appropriate decision. This is applicable only in case of land governed by DLR Act 1954. |
| g. | Any party aggreived by an order of mutation may file appeal before Collector (Deputy Commissioner / Additional District Magistrate) within 30 days of such order. |
ISSUE OF CERTIFIED COPIES OF LAND RECORDS
Certified
copies of land records like Khatauni/Jamabandi & Kharsa Gurdhawari
can be obtained by any person of any revenue record available in the office
of Tehsildar. It can be obtained by applying in Form CA-I duly stamped
with non-judicial stamp and the certified copy is issued after locating
the original record. Mostly the copies are issued by In-charge of the
Record Room. The certified copy is normally issued in 7 days time.
DEMARCATION
OF LAND
The
applications for demarcation of land can be made to the Tehsildar concerned
after depositing the prescribed fees. The applications for demarcation
in case of boundary disputes shall be entertained by the Revenue Assistant
(SDM), which should be accompanied by a certified extract from the map
and khasras on the basis of which demarcation is sought. After obtaining
application for demarcation, a notice will be issued to the parties concerned
in the demarcation. The demarcation is done in presence of parties concerned
by the Kanungo. Thereafter demarcation report is submitted to the Tehsildar
&Revenue Assisstant(RA) and shall be consigned to the record room
of Tehsil. Then parties concerned can obtain certified copy of demarcation
report from i/c Record Room.
CONSOLIDAITON ('CHAK BANDI') OF LAND HOLDINGS
Consolidation of land holding means amalgamation and redistribution of
all or any of the land in a revenue estate or sub division of an estate
so as to reduce the number of plots in the holding. Consolidation in Delhi
is done as per the East Punjab Holdings (Consolidation and Prevention
of fragmentation) Act 1954. The Lt.Governor of Delhi issues the notification
for the consolidation proceedings. The consolidation work is done by the
consolidation officers appointed under section 14 of the Act .
GAON
SABHA LAND
The
common land of the village governed by DLR Act 1954 belonging to the gram
sabha for common use by the villagers is known as Gaon Sabha Land. The
custodian of the Gaon sabha land is Block Development Officer of the district.
The details of the gaon sabha land also lies with Halqa patwari of the
concerned village. The encroachment on gaon sabha land is cleared by Block
Development Officer. For each village there is Panchayat Secretary (sub
ordinate of BDO) for looking after the interests of Gaon Sabha lands.
The Panchayat secretary and Halpa patwari work in close coordination.
REVENUE
COURTS
There
are Revenue Courts to adjudicate disputes relating to the agricultural
land.
The Hierarchy of the revenue courts for disposing various matters as per
the DLR Act 1954 & PLR Act 1887 are :
Financial commissioner
Collector (Deputy Commissioner / Addl.District Magistrate)
Revenue Assistant (Sub Divisional Magistrate)
Tehsildar / Naib-Tehsildar
Mutation disputes before the Tehsildar in case of DLR Act 1954 are referred
by Tehsildar to the Revenue Assistant(SDM). Appeals against the mutation
sanctioned / rejected by Tehsildar and Revenue Assistant lies with Collector
(Dy.Comissioner/ADM).
In the matters disposed by the Revenue Assistant (SDM) under various sections
of DLR Act and PLR Act, appeal lies with Collector of the concerned district.
Further the appeal against the orders of Collector lies with the Financial
Commissioner, Delhi.
Measurements
of land
| 1 Acre |
=
|
4 Bigha 16 Biswa (4840 Sq.Yds) |
| 1 Bigha |
=
|
20 Biswas (1008 Sq.Yds) |
| 1 Biswa |
=
|
50 Sq.Yards |
| 1 Ghatta |
=
|
8.25 feet |