Kohima Bar Association urges Nagaland government to stop unauthorised village council land fees and regulate charges for transfer records
DIMAPUR — Village councils in Nagaland cannot create their own system of land pattas or compel landowners to pay transfer and renewal fees without legal authority, the Kohima Bar Association (KBA) has written to the state government, seeking an immediate end to the practice.
In a representation to the chief secretary, the association argued that the Nagaland Village and Tribal Councils Act, 1978, did not empower village councils to issue land pattas, renew ownership documents periodically or impose compulsory charges related to land transfers.
The association asked the government to declare such practices unauthorised and direct village councils to discontinue them. It also sought uniform rules governing any fees that may be considered necessary for maintaining records of land transfers.
The issue, it stated, was no longer merely about the functioning of individual village councils but about the gradual establishment of practices that could acquire the appearance of legal authority through repeated use.
The Kohima Bar cited Section 15(1) (g) of the Act, which requires village councils to consent to transfers of immovable property and maintain written records of such transactions. It argued that these provisions did not confer the wider powers some councils were allegedly exercising.
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“The power to accord consent to a transfer does not carry with it the power to impose compulsory financial liabilities upon citizens,” the association stated.
It maintained that the legislation did not establish a system of village council pattas or authorise councils to create a parallel mechanism for registering land ownership.
The association also questioned the use of the term “patta”, arguing that such a document ordinarily denotes a grant, lease, settlement, allotment or recognition issued by an authority with the requisite legal powers over land.
It stated that the periodic renewal of such documents was difficult to justify where ownership had already vested in accordance with law.
While acknowledging the financial constraints faced by village councils, the association said any additional funding required for their statutory functions should come through government grants or budgetary support, rather than charges imposed on citizens without express legal sanction.
It suggested that the government could frame rules prescribing uniform and reasonable fees, if necessary, for the limited service of recording land transfers.
The association urged the government to issue directions ensuring uniformity and legal certainty in land administration across Nagaland.