A Comparative Analysis of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 and the Telangana Record of Rights Bill, 2024

Introduction:

The Telangana Rights in Land and Pattadar Pass Books Act, 2020 (hereinafter referred to as “Act”) and the new Telangana Record of Rights Bill, 2024 (hereinafter referred to as “Bill”) represent two significant pieces of legislation designed to govern land records in the state of Telangana.  While the Act primarily focused on agricultural land, the Bill expands the scope and improves the management of all types of land, from agricultural to non-agricultural.

Scope and Definitions

The Act was primarily concerned with the issuance of Pattadar Pass Books to agricultural landowners. It focused on ensuring the proper documentation of agricultural land ownership. However, the Bill broadens this scope considerably, now including not only agricultural lands but also non-agricultural and abadi lands. The Bill introduces a comprehensive definition of “land,” encompassing a range of land types.

Introduction of Bhudhaar

One of the most notable features of the Bill is the introduction of the Bhudhaar system, which was absent in the Act. The Bhudhaar system assigns unique identification numbers to land parcels, providing a digital identification tool for landowners. This system aims to streamline land transactions and reduce disputes related to ownership. Furthermore, the Bill differentiates between temporary and permanent Bhudhaar, ensuring that landowners have clarity regarding the status of their land parcels.

Mutation Process

Under the Act, the mutation process for land transfers was relatively basic. The Bill introduces a more detailed mutation process, which includes a broader range of transfer modes, such as court orders, awards, and government allocations. The Bill also requires the submission of survey and sub-division maps for mutations, ensuring that any changes in land ownership or boundaries are well-documented. Additionally, the new Bill includes a more structured procedure for amending the Record of Rights, which will enhance the accuracy and reliability of land records.

Regularization of Unregistered Transactions

The Act did not have provisions for regularizing unregistered land transactions, which often led to complications in proving land ownership, particularly in rural areas. The Bill addresses this issue head-on with a dedicated provision for the regularization of unregistered transactions, particularly focusing on small and marginal farmers. The Bill allows for the regularization of land transfers that took place before 02-06-2014, providing a mechanism for validating these transactions through the Revenue Divisional Officer.

Pattadar Pass Book cum Title Deed

The Bill simplifies the process for correcting errors in land records, strengthens the evidentiary value of the Pass Book, and makes it easier for landowners to secure loans using their land titles.

Appeal and Revision Mechanism

The appeal process under the Act was limited, providing minimal avenues for challenging decisions related to land records. The Bill introduces a comprehensive appeal and revision mechanism that establishes clearly defined routes for appeals. Landowners can now appeal decisions to the District Collector, with the possibility of escalating the matter to the Commissioner if necessary. This appeals process includes strict timelines, with a 30-day window for filing appeals, which ensures a more efficient resolution of disputes.

Digital Integration

The Act relied on a basic digital platform, Dharani, the Bill introduces a more advanced RoR Portal for maintaining and accessing land records. This upgrade allows for online accessibility of land records, ensuring that landowners and authorities can access and update records electronically.

Conclusion

The Bill marks a significant improvement over the Act. With a broader scope, the introduction of the Bhudhaar system, enhanced digital integration, and more detailed provisions for land transactions, the Bill aims to address many of the shortcomings of its predecessor. These reforms are expected to make land record management more transparent, efficient, and accessible for all landowners in Telangana, particularly small farmers.