Land Ownership Right

The concept of land ownership in Nagaland is based on the old traditional system. According to which the community (village) and individual ownership rights are recognised by law. Even the British administration had not disturbed that right. This unique system is being protected by the constitutional provision under Article 371 A of the Indian Constitution.

The Government-owned land is confined to the area occupied for establishing the British administrative centres, and the government-acquired lands. And about 47.5 Sq.Km at Dimapur Mouza (cadastral survey area) where the only land revenue is being collected from the patta allottee. This Mouza is the only area where the Assam Land Law Act of 1886 is implemented since the time of British occupation.   

For the upgradation of land records, revised survey work in Dimapur Mouza is being taken at the moment with the association of the Survey General of India, which is contracted to digitise the land record system as per the guidelines under DILRMP.

The present presumptive Land Record keeping system is inaccurate and not tamper-proof, creating a lot of litigation through mismanagement of record keeping.

The latest digitisation of India's land record modernisation program (DILRMP) system is the answer to do away with all this dilemma in Land Record mismanagement in Dimapur Mouza as well.

The DILRMP Act, which is being implemented all over the country, has also been taken up in the state of Nagaland since 2009. However, the process is not completed as expected, and so far, we have been unable to upload to the land record national portal of the Government of India.

Fresh cadastral survey work is currently being taken up in the two remaining districts, namely, Kiphire and Longleng district, with the help of an approved consultant.

The Revenue department is keen to ensure correct cadastral survey mapping in these two districts.

The programme will initially computerise land survey records and digitise the map for the benefit of the citizens (the land owners). It will digitise the record of rights and register the land (plot) ownership. It will enable each land owner to easily identify the plot owned by the individual or community by assigning a unique plot number, making it efficient, transparent, and owner-friendly.

The purpose of DILRMP in short is to:-

(1). Create a transparent proof of land record system.

(2) Reduce disputes and litigation related to land ownership.

(3). Improve the efficiency and accuracy of land record maintenance by constantly updating the records.

(4). Enhance citizens' service and accessibility to land information.

(5). Support in integrated land management and planning

(6). Promoting Economic development, efficient land record keeping will facilitate access to credit; ensure a market for overall economic growth.

It is only when a land ownership patta from the authority indicating the location of the land, size of the land, etc, is provided, that such a document can be used as security to obtain a loan from the Bank and financial institution. 

The SARFAESI Act of 2002: This Act enables any valid Red Patta holders to obtain loan from Banks. It is applicable in Nagaland only from 2022. Now the loan from the Bank or financial institution is restricted except in the Dimapur Mouza (47.5 Sq.Km) areas where Assam Land Law is in operation. Here, the proper patta (Jamabandi or Red Book) is accepted as security for obtaining a loan for any welfare and economic development project. 

But in any other part of the State in Nagaland, since the issuance of land ownership pattas has not been introduced, no loan is eligible from any Banks or financial institutions against the landed property. One of the most important reasons for such deprivation is the constitutional provision under Article 371 A where rights of ‘land and its resource’ fully rest with the Nagas as per their traditions and customs. And the people are objecting to conducting a survey, Nagas should know that land ownership rights, which everybody claims, are not an absolute right of the individual. The individual right is subservient to the common interest in the Naga public interest.

The provision is erroneously misunderstood and misinterpreted to the disadvantage of the tribal Naga people. The provision is meant to use the tribal land to the advantage of developmental purposes as security, but prohibits any form of alienation of the landed property to the non–Nagas. Thus, in the larger interest of the Naga Indigenous people, necessary regulatory legislation can be passed in the Assembly, which will enable promoting overall economic growth. It is up to the Naga indigenous people to decide to remove such an obstacle in the interest of the people.

There are demands from most district Hqs and most townships in the State to conduct proper cadastral survey and to introduce issuance of patta to the land owners to enable the people to obtain financial loans for welfare and developmental activities. 

This requirement is out of genuine necessity for various development purposes; otherwise, the only alternative is private loan business, which is illegal, and exorbitant rates are charged, encouraging the rampant exploitation of the vulnerability of the people. Land pattas as a mortgagable asset accepted by Banks and other financial institutions will be the greatest relief to the people who are capable and desperately searching for a loan to undertake self-employed economic activities.

The Revenue department is contemplating reviewing and conducting a cadastral survey of the township, enabling the government to issue proper pattas to the landowners to enable them to obtain financial loans, provided the local people are willing for such measures.

TN Mannen, IAS (Rtd.)

MLA & Advisor to Chief Minister,

Law & Justice and Land Revenue.

Government of Nagaland.