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Computer Is at Ion of Land Records Karnataka S Experience PDF

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79 views88 pages

Computer Is at Ion of Land Records Karnataka S Experience PDF

Uploaded by

Girish Nag
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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WB0183

Computerisation of Land Records:


Building on Karnataka’s Experience

Final Report (Draft)

September 2004
Note:
This report is based on a preliminary draft prepared by Land Equity International Pty
Ltd in September 2004. The report was circulated to key individuals for internal
review. The report was subsequently revised in the light of comments and
suggestions that were provided by Klaus Deininger from the World Bank and Tim
Hanstad from RDI.
The report has no endorsement from the World Bank or DFID and is not to be
quoted or referred to as a reference document.
Tony Burns
[email protected]
17 January 2005

Draft (17 January 2005) – Not for citation.


WB0183 Computerisation of Land Records – Building on
Karnataka’s Experience

Table of Contents

EXECUTIVE SUMMARY............................................................................................ 1

CHAPTER 1 - INTRODUCTION ................................................................................ 3


1.1 Background.................................................................................................. 3
1.2 Approach...................................................................................................... 3
1.3 Methodology ................................................................................................ 3

CHAPTER 2 - KARNATAKA ...................................................................................... 5


2.1 Brief Review of Context in Karnataka .......................................................... 5
2.2 Brief Review of Systems and Processes ..................................................... 5
2.2.1 Systems ................................................................................................ 6
2.2.2 Data Flows.......................................................................................... 11
2.2.3 Fees and Finance ............................................................................... 12
2.3 Overview of Major Developments .............................................................. 14
2.3.1 Bhoomi................................................................................................ 14
2.3.2 KAVERI............................................................................................... 15
2.3.3 Survey and Settlement Records ......................................................... 15
2.3.4 Urban Mapping ................................................................................... 19
2.3.5 Private Surveyors ............................................................................... 24
2.4 Major Short-Comings of Existing Situation................................................. 25
2.4.1 SSLRD Maps ...................................................................................... 25
2.4.2 Urban and non-agricultural land.......................................................... 28
2.4.3 Land Valuation.................................................................................... 28
2.4.4 Original survey records ....................................................................... 29
2.4.5 Registration system ............................................................................ 29
2.4.6 Record of Rights ................................................................................. 30
2.4.7 Bhoomi................................................................................................ 31
2.4.8 Fragmented Land Records Systems and Multiple Agencies............... 31
2.5 Options for Improvement ........................................................................... 33
2.5.1 Spatial Framework .............................................................................. 33
2.5.2 Extension of Bhoomi ........................................................................... 37
2.5.3 Certainty in Rights in Land.................................................................. 38
2.5.4 Institutional Arrangements .................................................................. 41
2.6 Long Term Vision for Karnataka ................................................................ 42
2.7 Five Year Plan for Karnataka ..................................................................... 46
2.7.1 Objective 1: Strong spatial framework for land records in
both rural and urban areas.................................................................. 46
2.7.2 Objective 2: A comprehensive spatial information system. ................. 49
2.7.3 Objective 3: Certainty in Rights in Land. ............................................. 51
2.7.4 Objective 4: Single land administration agency. ................................. 54

Draft (17 January 2005) – Not for citation.


CHAPTER 3 - LESSONS FOR OTHER STATES .................................................... 60

References............................................................................................................... 62

Annex 1 – Terms of Reference ................................................................................ 64

Annex 2 – Copy of Aide Memoire/Minutes of Workshop .......................................... 69

Annex 3 – Persons Consulted.................................................................................. 78

Annex 4 – Legal Status of Urban Bhoomi ................................................................ 80

Figures

Figure 1 - Land Administration Data Flows .............................................................. 12


Figure 2 - Cadastral Concept ................................................................................... 26
Figure 3 - Spatial Data Infrastructure (from Williamson)........................................... 27
Figure 4 - Existing Organisation Chart of Land Administration Agencies. ................ 41
Figure 5 – Illustration of Long-Term Vision in Karnataka.......................................... 42
Figure 6 - Key Objectives. ........................................................................................ 43
Figure 7 – Overview of Key Short-Term Strategies. ................................................. 46
Figure 8 – Activity to Establish a Spatial Framework for Land Records. .................. 46
Figure 9 – Activity to Establish a Comprehensive Spatial Information System
for Land Records..................................................................................... 49
Figure 10 – Activity to Establish Certainty in Rights. ................................................ 51
Figure 11 – Activity to Establish a Single Land Administration Agency. ................... 54
Figure 12 - Time-Based Action Plan for Karnataka. ................................................. 55

Tables

Table 1 - Revenue and Expenditure for Land Administration Agencies. .................. 12


Table 2 - Strategic Options to Strengthen the Spatial Framework for Bhoomi. ........ 33
Table 3 - Strategic Options to Generate a Cadastral Framework in Bangalore........ 35
Table 4 - Strategic Options to Generate a Cadastral Framework for the
Municipalities........................................................................................... 35
Table 5 - Strategic Options to Generate a Cadastral Framework for the Gram
Panchayat. .............................................................................................. 36
Table 6 - Strategic Options to Develop a Title Registration System. ........................ 39
Table 7 – Long-Term Strategy in Karnataka. ........................................................... 44

Draft (17 January 2005) – Not for citation.


Table 8 - 'Ball-Park' Estimate of the Cost of the First Five Years of the
Strategy in Karnataka.............................................................................. 57

Units, Glossary and Acronyms


1. Units
Lahk 100,000 (one hundred thousand)
Crore 10,000,000 (ten million), or 100 lahk
Gunta 2,500 square links or about 101.17 square metres
Acre 40 gunta, or about 4,046.856 square metres
Hectare 10,000 square metres, or about 2.471 acres
45.0 Rupee US$1 (September 2004)
Financial year April to March

2. Glossary
Akarband Record of the revenue assessment for each parcel on the village map
Bhagidi Sharecropping
Bhoomi Land
Carta Card
Chak Single compact block produced in land consolidation
Crore 10,000,000
Grama Village
Hissa survey Survey undertaken to pick up subdivision since the original village settlement surveys.
Hubli Group or ‘circle’ of villages
Jamabandi Yearly closing
Khata Ledger extract that sets out land details
Khatedars Group of cultivators
Lakh 100,000
Mutation Change in the land records
Pakka book Survey computation book
Panchayat Local self-government
Prapthi Assessment book prepared during settlement surveys
Patta Documentary evidence of rights in land issued by the proscribed officer.
Phodi Subdivision of a parcel
Quickbird Private American satellite earth observation satellite with a ground resolution of 0.6
metres
Revenue Inspector Chief revenue officer at the circle (hobli) level.
Tahsildar Chief revenue officer at the Taluk level
Taluk Block, an administrative unit, less than a District (Zilla) and greater than a village
(Grama)
Tippan Field book
Zilla District

Draft (17 January 2005) – Not for citation.


3. Acronyms and Abbreviations
ADB Asian Development Bank
ADR Alternate dispute resolution
ADLR Assistant Director of Land Records
BDA Bangalore Development Authority (covering about 630 km2)
BMA Bangalore Metropolitan Area (covering about 1,537 km2)
BMP Bangalore Mahanagara Palike (Bangalore City Corporation, covering about 206 km2)
BMR Bangalore Metropolitan Region (covering about 8,600 km2)
BMRDA Bangalore Metropolitan Region Development Authority
CAD Computer-Aided Design (Mapping)
CDP Comprehensive Development Plan
COLR Computerisation of Land Records, a central sector scheme with full funding by GOI
DFID Department for International Development (UK)
DMA Department of Municipal Administration
DGPS Differential GPS (satellite positioning system based on simultaneous satellite observations of
a point of known position and a point of unknown position)
EDM Electronic distance measuring, a survey instrument that accurately measures distances
GDP Gross Domestic Product
GIS Geographic Information System
GOI Government of India
GP Gram Panchayat
GPS Global positioning system, a US satellite positioning system
IGSR Inspectorate-General of Stamps and Registration
ISEC Institute for Social and Economic Change
ISRO Indian Space Research Organisation
JDLR Joint Director of Land Records
KAVERI Karnataka Valuation and e-Registration
KIDB Karnataka Industrial Development Board
KSRSAC Karnataka State Remote Sensing Application Centre (an autonomous agency with ISRO
affiliations)
LDA Local Development Authority
LIS Land information system
LISS III Linear Self-Scanning Sensors III, a satellite imaging system developed by ISRO which scans
four bands at a resolution of 23.5 metres with a swath of 141 kilometres.
MDA Municipal Development Authority
MSDIP Metropolitan Spatial Data Infrastructure Project
NIC National Informatics Centre
NRSA National Remote Sensing Agency (part of ISRO)
NSS National Sampling Surveys
NOC No Objection Certificate
RI Revenue inspector
ODP Outline Development Plan
ROR Record-of-rights
RTC Record-of-Rights, Tenancy and Crop Inspection
SI Survey of India
SPOT 5 French space imaging satellite system with coverage of 60 km by 60 km and a resolution of
2.5 metres to 20 metres.
SSLRD Survey Settlement and Land Records Department
TPD Town Planning Department

Draft (17 January 2005) – Not for citation.


TPS Town Planning Scheme
UDA Urban Development Authority
UNDP United Nations Development Program
WAN Wide-area-network

Draft (17 January 2005) – Not for citation.


EXECUTIVE SUMMARY
Over the past few decades land records for agricultural land in India have become
increasingly dilapidated. For urban and non-agricultural land in rural areas no system
clearly sets out rights over land. This uncertainty in rights in land undermines the
objectives of good governance and poses a serious threat to social stability and
economic development. Governments have invested in the computerisation of land
records, but institutional and regulatory constraints have greatly reduced the benefits
to be obtained from computerisation.
Karnataka has successfully computerised its land records and is now seeking to
build on this success and expand the capabilities and coverage of the system. This
report reviews the system in Karnataka and recommends a five-year plan. The report
also captures a broader set of lessons that may benefit other Indian states.
The following major issues have been identified in Karnataka in this study and serve
as the framework for the options for improvement:
• there is a weak spatial framework for the RTC system. The original data has
low accuracy, village maps have been prepared with non-standard methods,
the maps are not up-to-date, there are long delays in Phodi, mutations are
recorded without survey and the data is not geo-referenced;
• there is a lack of both map and textual information in urban areas. The
SSLRD City Survey Plans and associated Property Cards only cover parts of
48 urban centres. This information is not up-to-date and does not reflect the
reality on the ground. The municipal property tax registers (Khata) do not
have a spatial component and are incomplete;
• many of the field records for settlement surveys are very old and in fragile
form and the records have not been backed-up;
• the registration system does not include the adjudication of rights and the
resolution of disputes and does not ensure the validity of a transaction. The
system is not map based and there are poor descriptions of property;
• while Bhoomi has been successful, it is essentially a computerisation of a very
old land revenue system. A number of issues arise, including inconclusive
records and cumbersome procedures (e.g. the mutation process).
• Several departments maintain land records systems and none are
comprehensive or conclusive.
Based on the perceived problems in the existing system, the future needs of the
state and on recent international trends, the following long-term vision for Karnataka
is suggested:
A single, unified, comprehensive, cost-effective and up-to-date
system to record rights in land that ensures security of title to
landowners and provides land parcel information to Government and
private users.
The report investigates a number of alternative strategies for Karnataka to address
these problems, and the following four objectives and short-term actions to achieve
these objectives are recommended.

Draft (17 January 2005) – not for citation. 1


Objective 1: Strong spatial framework for land records in both rural and urban
areas.
1.1 Archive the tippan records.
1.2 Reach agreement with TPD, BMP and DMA on access to base mapping and tax
maps/attributes.
1.3 Prepare functional specifications and design to modify Bhoomi to accept spatial
data (vector village maps and BMP/DMA tax maps)
1.4 Transfer/validate/input village maps, BMP and DMA tax mapping in a form
suitable for the re-engineered Bhoomi.
1.5 Ensure phodi before registration, streamline the phodi process, ensure
successful involvement by a strong private survey sector and develop and implement
a hissa program to address phodi backlog.
Objective 2: A comprehensive spatial information system on rights in land,
based on Bhoomi, extended to cover urban and non-agriculture land.
2.1 Study into the current and future user needs of the RTC and where agriculture
data is best captured and maintained.
2.2 Re-engineer Bhoomi (categorising data types) and incorporate spatial data.
2.3 Input appropriate attribute fields from BMP/DMA data.
2.4 Validate data (with KAVERI, publicity campaigns, put information on the web,
provide verification extract to each property holder)
2.5 Deploy Bhoomi in kiosks in Sub-Registries and on the internet, and use Bhoomi
in the Sub-Registries as an aid to registration.
2.6 Maintain Bhoomi with link to KAVERI.
Objective 3: Certainty in Rights in Land.
3.1 Develop policy and principles for a registration of title system.
3.2 Prepare functional specifications and design to formulate a registration of title
system (including private and public land).
3.3 Draft and obtain enactment of appropriate legislation.
3.4 Establish the title registration system using Bhoomi property data.
3.5 Functional reorganisation and staff training.
3.6 Piloting of an incremental program to issue titles with public notice and replace
existing systems.
Objective 4: Single land administration agency.
4.1 Review of functions in land administration agencies (Revenue, SSLRD, and
IGSR)
4.2 Prepare a detailed integration strategy, including the funding and finance
requirements.
4.3 Prepare rules and regulations to support new institution.
4.4 Progressive implementation of strategy.

Draft (17 January 2005) – not for citation. 2


CHAPTER 1 - INTRODUCTION

1.1 Background
Over the past few decades land records for agricultural land in India have become
increasingly dilapidated. For urban and non-agricultural land in rural areas no system
clearly sets out rights over land. This uncertainty in rights in land undermines the
objectives of good governance and poses a serious threat to social stability and
economic development. For these reasons the computerisation of land records has
long constituted a key element in the Government of India’s (GOI’s) strategy for the
land sector. However, despite considerable efforts, and with the notable exception of
a few states, progress has been slow and erratic. Institutional and regulatory
constraints have greatly reduced the benefits to be obtained from computerisation.
The Government of Karnataka has asked the World Bank to arrange a study to
identify ways in which the accomplishments of the successful computerisation of
land records in Karnataka can be built upon and expanded. This study was to set out
concrete mechanism for doing so.
The study also has the objective of capturing a broader set of lessons that may
benefit other Indian states.
The terms of reference for the study are set out in Annex 1.1 The study was
supervised by Klaus Deininger of the World Bank.

1.2 Approach
There have already been assessments of the benefits from the program to
computerise land records in Karnataka, focusing on improved transparency and
accountability at the local level. The study therefore focuses on challenges ahead
rather than on demonstrating what has been accomplished in the past.
The main emphasis of the study was to arrive, through interaction with policy makers
and technical staff and by reference to international experience and best practice, at
very specific and concrete suggestions on how shortcomings in the legal, technical,
and administrative area can be addressed. This has been translated into a long-term
strategy and concrete five-year action plan which was discussed with the relevant
authorities in a workshop on 6 September.

1.3 Methodology
This study was funded by DFID and was undertaken by Land Equity International Pty
Ltd of Australia. The consultants conducting the study were Tony Burns and Kevin
Nettle. The key counter-part in Karnataka was Sri Rajeev Chawla, the Secretary e-
Governance and Special Secretary (Bhoomi) Revenue Department. The consultant
team arrived in Karnataka on 21 August and left on 11 September. Whilst in
Karnataka the consultants, working with counterparts assigned from the Bhoomi
Monitoring Cell, met a wide range of stakeholders involved in maintaining and using
the land records systems (see list of contacts in Annex 3). The Sub-Registry in

1
The terms of reference make mention of a review of initiatives in the state of Maharashtra. This was
not possible during the assignment in India and additional time was spent in Karnataka.

Draft (17 January 2005) – not for citation. 3


Cauvery Bhavan was visited to review the operations of the computerised
registration system (KAVERI). A field trip was undertaken to Mandya District to
consult with local staff and to review the field operations of Bhoomi and KAVERI and
to review the pilot re-survey activity in Maddur Taluk. A workshop of key
stakeholders, chaired by the Revenue Minister was held on Monday 6 September
(see Annex 2 for a copy of the Aide-Memoire and Workshop Minutes). The
objectives of the workshop were to present the initial key findings of the study, with
an emphasis on the concrete action plan, to key stakeholders and seek stakeholder
feedback. Klaus Deininger was in Karnataka from 4 to 8 September and was a key
participant in the Workshop.
There is a significant amount of background material on land administration in India
and Karnataka and recommendations for improvements. An essential part of this
study was a review of key references (listed in the references on page 62). The
reports by Professor Wadhwa were particularly germane.
Land administration in India and Karnataka operates within the complex environment
of land policy. A key review of this wider environment is the recent report by
Hanstad, Neilson and Brown (2004). Hanstad et al specifically review key topics that
impact on land administration, including land reform, land allocation, access to land
by vulnerable groups, the conversion of agricultural land to non-agricultural use, the
management of forest land and land consolidation. This study does not attempt to
cover these important topics.

Draft (17 January 2005) – not for citation. 4


CHAPTER 2 - KARNATAKA

2.1 Brief Review of Context in Karnataka


Karnataka is the eighth largest state in India, with a population of about 53 million.
The state covers about 5.8% of the country’s land mass and about 5.3% of the
population. Karnataka is one of the fastest growing states, with the state annual GDP
growing from 5.3% in the 1980s to 7.3% in the 1990s. Over the past decade
agricultural input has increased based on diversification and increases in
productivity, rapid manufacturing expansion has contributed to growth in industrial
output and there has been significant growth in services, led by software exports.
However despite rapid growth Karnataka is still a very poor state, poorer than the
Indian average. Agriculture and associated activity accounts for about 37 percent of
state income and about 69 percent of state employment. Factors that impact on the
rural sector are low average land holdings and a high reliance on rain-fed agriculture.
Karnataka has realised significant achievements in the computerisation of land
records. Efforts to computerise land records began in 1991, but the program was not
completed until March 2002. The Department of Revenue has now computerised 20
million records of land ownership for agricultural land held by 6.7 million farmers. The
new system, Bhoomi, has made the system of Record of Rights, Tenancy and Crop
Inspection (RTC) more transparent and much less subject to illegal alteration.
Farmers can readily get certified copies of their RTC records at a low fee. Although
the records have been centralised at Taluk level, there are plans to decentralise
access to the records through a network of village kiosks.
There is consensus that while great progress has been made in Karnataka in the
computerization of land records through Bhoomi, the full potential is not realised for a
number of reasons, including:
• First, the system has been designed to deal with a legacy of past records,
rather than a new process that was designed comprehensively from the
ground up. As a result only a small part of the potential efficiency gains from
computerisation is being realized. Inefficiencies and duplications in the system
and in the data in the system remain;
• Second, land records do not provide conclusive proof of ownership;
• Third, the spatial extent of land holdings is often unclear; and
• Finally, while it may have made sense to focus on agricultural areas in order
to establish the system and demonstrate its feasibility, there is little doubt that
at this point extension of the system into urban areas and non-agricultural
areas can significantly increase economic benefits.

2.2 Brief Review of Systems and Processes


The following section sets out a brief overview of the current land administration
systems and processes in Karnataka. More details on the system are available in
Burns and Despande (2001) and Saxena (2004).

Draft (17 January 2005) – not for citation. 5


2.2.1 Systems
Land Revenue Act System. The original settlement surveys2 of Karnataka were
undertaken under the British administration over a period of about 30 years from
1863. The primary aim of the settlement surveys was the generation of records to
support the raising of revenue. Hence the British implemented very simple
techniques. Unlike other States in India, the re-settlement surveys in Karnataka have
not been repeated at regular intervals, although re-surveys have been undertaken in
parts of Karnataka.3 A partial re-survey was undertaken from about 1930 to 1950 to
pick-up subdivisions (the Hissa survey). The Hissa survey was not a full resurvey,
and information was only collected for parcels that had been subdivided. The
settlement surveys have a prescribed periodicity of 30 years but further settlement
surveys have not been undertaken.
The surveys were and continue to be conducted as local village surveys, without
connection to the national geodetic framework. All parcel boundaries are
monumented, and the boundaries are fixed as the straight lines joining the boundary
monuments. In each village a baseline is established. Boundary monuments and
major topographical features such as roads, paths, streams and tanks are picked up
as square offsets from the baseline. Individual parcels are detailed in field books as
isolated surveys with their own baseline or baselines. Areas for each parcel are
calculated by breaking the parcels down into constituent triangles. The village
boundary is also picked up as an individual parcel and is used as the outer boundary
for the compilation of the village map. The information recorded in the field books is
used to compile the village map, which is usually prepared at a scale of 1/7,920.
Every village has a map, with some bigger villages having more than one map.
There is a total of about 30,500 village maps in Karnataka.
The maps are prepared on paper and some of the older maps are in frail condition.
One copy of every village map is held in the head office in Bangalore, and multiple
copies of each map in the Taluk offices for public records and sale to the public. In
the head office the village maps are manually mosaiced to form Taluk maps, usually
available at a scale of 1/62,360. The Taluk maps are in turn manually mosaiced to
form District Maps at a scale of 1/253,440, which in turn is mosaiced to form a State
map at a scale of 1/1,000,000.
All the legal parcels surveyed during settlement surveys were assigned a number
that is unique to the village.4 This number is called the survey number and is the
basic reference for information concerned with the land parcel. Where a parcel is
subsequently subdivided, the original survey number is a reference for the new
parcel numbers. For example, if parcel number 243 in a village is subdivided into two

2
Settlement surveys are surveys undertaken to clearly map and define public and private rights in
land and to set an equitable basis for land revenue. Systematic settlement surveys in India were
implemented from the 1860s, as part of a strategy to improve State Revenue. Very simple survey
techniques were adopted.
3
The land records in Tumkur Taluk in Tumkur District indicate that a re-survey was undertaken.
4
Although there is anecdotal evidence that there is some duplication in numbers, and this would be a
serious issue for the registration system which in rural areas relies on the survey number as the prime
reference to land parcels. Problems associated with the non-uniqueness of survey numbers is
reported in the Circular from the Additional Secretary to Government, Revenue Department,
concerned with the Update of Land Records, dated 14 August 2000.

Draft (17 January 2005) – not for citation. 6


parcels, the two new numbers will be 243/1 and 243/2, with the original landholder, if
he retains one of the parcels, being assigned the number 243/1. If the parcel is
further subdivided, the next available number is used – for example if 243/1 is
subdivided into two parcels, the two new numbers will be 243/1 and 243/3.5
The Land Revenue Act sets down that for every urban area with a population of
more than 5,000, city survey maps may be prepared.6 However, city survey plans
have only been prepared for 48 cities. The City Survey maps are not evenly
distributed in Karnataka. In the former Belgaum Division, where the land records
were established under the Bombay system, there are City Survey maps in the two
major urban areas, Belgaum and Hubli-Dharwad, and in 40 other urban centres
ranging in population down to small villages (hubli). In the former Gulbarga Division
City Survey maps are only available in Gulbarga. In the former Bangalore Division
City Survey plans are available in Bangalore, Davanagere and Kolar Gold Fields. In
the former Mysore Division only Mysore has City Survey plans. Even so, these City
Survey plans only cover part of the urban areas. In Bangalore 98 Local Area maps
have been prepared covering about 118 km2 of the city, leaving about 206 km2 to
complete the villages declared to be part of Bangalore city7 and Bangalore city is
only a part of the Bangalore Metropolitan Area (BMA) which covers 1,357 km2. City
survey plans are compiled graphically without connection to the national geodetic
framework. Plane table surveys are undertaken picking up roads, parcel boundaries
and building outlines. These plane table sheets are prepared at a scale of 1/500. The
plane table sheets are used to compile the city survey plans, which are prepared at a
scale of 1/2,500 and show only roads, parcel boundaries and parcel numbers (city
survey numbers). These numbers are unique to the Local Area Map. These maps
have been produced over the past few decades and any updating of these maps is
slow at best.
Surveyors from the Survey, Settlement and Land Records Department (SSLRD)
have traditionally undertaken all cadastral surveys. These surveys are undertaken to
re-establish boundary marks and to carry out subdivisions (phodi). Surveys are also
undertaken to grant public lands and to support the compulsory acquisition of private
land by the State. Surveys are not undertaken to consolidate land holding, despite
some demand for this, as there is no legal provision to consolidate land holdings.
Maintenance of land records is the joint responsibility of the Revenue Department
and SSLRD. The Revenue Administration of the State is divided into 27 Revenue
Districts, 49 Sub-divisions, and 177 Taluks. The administrative set-up of the SSLR
department is such that for each Revenue Division has an Assistant Director of Land
Records (ADLR) for each Revenue Sub-Division. At Taluk level there is no senior
SSLRD officer. There are Surveyors equivalent in rank to Senior Clerks, with no
unified command at Taluk level, although this will change with the recent decision to
merge the SSLRD survey staff with the Revenue Department, with the surveyors
reporting to the Tahsildars.

5
As noted in the Circular from the Additional Secretary to Government, Revenue Department of 14
August 2000, not all parcels are labelled as required by regulation and some parcel numbers on RTCs
have a alpha character – examples quoted in the Circular included 23a, 56/b1, and 100a.
6
Section 148.
7
The city areas are declared in units of village and are published in the Government Gazette.

Draft (17 January 2005) – not for citation. 7


The basic document for land is the RTC (Record of Rights, Tenancy and Crop
Inspection), the original of which was maintained with the Village Accountants and a
duplicate at the Taluk office. The RTC gives particulars such as survey number,
area, name of the owner(s), rate of assessment, type of ownership, soil type,
sources of irrigation, particulars of trees, rights and liabilities, particulars of tenancy,
if any, and particulars of the crops raised during each season and their coverage.8
This document constitutes prima facie proof of ownership. In Karnataka there are 20
million records in the RTC, covering 27,000 villages and belonging to 6.7 million
farmers. These records were originally maintained by 9,000 Village Accountants.
In those urban areas where City Survey plans have been prepared the RTC is not
used, but details of ownership are maintained in a simplified document known as a
“Property Card”. It has been held that the provisions of the Land Revenue Act also
apply to building sites in town.9
The second important land record is the village map that delineates different survey
numbers. It is a very important tool in resolving boundary disputes. This document is
maintained by SSLRD.
The third important land record is the Khata, a ledger showing land revenue, cess,
water rates, and other government dues to be paid by a cultivator and the amount
paid in a given year. For this purpose, each cultivator or a group of cultivators known
as Khatedars is given a unique Khata number and the annual assessment for all the
plot numbers held by him or them is totalled and payment particulars entered. The
Khata register is prepared once a year during the jamabandi or reconciliation of the
annual accounts. Khatas are maintained by the Village Accountants.
There is another important document known as akarband which records the land
revenue assessment for each survey number in the village along with its extent and
type. The original document is maintained by SSLRD and the Village Accountant
maintained a copy in order to be in a position to crosscheck the correctness of the
assessment shown in the RTC form. Other records include the Mutation Register
and the Disputed Cases Register.
Whenever there is any change in ownership or other status of land through sale,
inheritance, gift, exchange, partition, mortgage, and the like, the interested party may
approach the Taluk office10 for a mutation or details of a transaction may be
forwarded by the Sub-Registrar after registration under the Registration Act, 1908.
The particulars are recorded in the Mutation Register and put on public notice by the
Village Accountant and also served to interested parties asking for objections, if any,
within 30 days. If no objection is received and the Revenue Inspector is satisfied that
the change is genuine, he 'certifies' the mutation. A consequent change is then made

8
The Karnataka Land Reform Act prohibits tenancy and sets out tough sanctions. There is limited
political will to enforce these sanctions and Village Accountants reportedly routinely record the land
owner or the family of the land owner as the ‘cultivator’. As a result, information on tenancy in the RTC
is very unreliable. There is also anecdotal evidence that Village Accountants do not conduct the field
observations necessary to maintain the crop information and as a result this information is also
unreliable (source: Hanstad, private communication).
9
Asanth Narayanya Tikare v Joint Director of Land Records, Belgaum and others 1995(3) Kar. L. J.
481.
10
At the Bhoomi kiosk. Formerly this application was made to the Village Accountant.

Draft (17 January 2005) – not for citation. 8


in the RTC. If mutation involves splitting an existing plot, then the details are given to
SSLRD so that necessary changes can be made in the map.
Although the Land Revenue Act specifies a similar system for non-agricultural rural
land, in practice there has been confusion about the role of the Gram Panchayat.
However it has now been resolved that records pertaining to non-agricultural land
will be maintained by Revenue Department in a form similar to property records in
urban City Survey areas but mutations will require the approval of the Gram
Panchayat.
The Land Revenue Act records are intended to include details on public land as well
as private agricultural land. However, it is clear that these records have not been well
maintained. A study (ISEC undated) on land tenure and land-use/land-cover of
public lands in Dakshina Kannada district (Karnataka) found that the Jamabandi
(annual accounts based on the RTC) is not properly maintained. The total of different
columns often does not add up to the total geographical area of the village: out of
589 villages for which Jamabandi records were obtained, in 21 villages, the extent of
this discrepancy was more than 500 acres, whereas in 54 other villages the
discrepancy was between 20 to 500 acres. The Taluk Land Records offices also do
not have the maps for all the villages in their domain, and virtually all the cadastral
maps are out of date. For instance, in Belthangady Taluk, village revenue (cadastral)
maps for only 29 villages out of the total of 81 villages were available with the office
of the Assistant Director of Land Records. Lastly, the village-wise Jamabandi records
are only available in the Taluk offices. Thus, no clear estimate of extent of public
land in each land tenure category is available at the district level, whether village-
wise or aggregated (Saxena, 2004).
Registration Act System. The Department of Stamps and Registration, which was
formed as an independent Department in 1989, is headed by the Inspector General
of Registration and Commissioner of Stamps. At the District level there are 27
District Registrars, one for each district. Below the district level there are 199 Sub-
Registries, where land registration takes place, at the Taluk and city levels, each
headed by a Sub-Registrar. In addition, there are Superintendents, other clerical and
assistant level staff members.
The registration of changes in rights of land occurs at the Sub-Registry level in the
Taluk in rural areas and cities in urban areas. The sub-registries operate under the
direction of the Inspector-General of Registration and Commissioner of Stamps. The
registration of dealings in rights in immovable property is governed by the Indian
Land Registration Act of 1908 and the Karnataka Registration Rules of 1961 which
provide for the registration of documents. Registration of documents is compulsory in
some cases and voluntary in others. While registration may be necessary to give
effect to the transaction, it does not ensure the validity of the transaction and, in
principle the registrar will register all deeds submitted in the appropriate form.
The deed must be presented to the Sub-Registrar on the appropriate form with
attached stamps and the appropriate fee paid. Both parties to the deed and a
witness must attend. The parties can also submit a No Objection Certificate (NOC)
from the Income Tax Department if the property is valued more than Rs 500,000,
and in the case of land alienation, a NOC from the Tahsildar. Submitting these forms
on application saves delays. The Sub-Registrar stamps the deed recording the date

Draft (17 January 2005) – not for citation. 9


of presentation. The registrar enters the details of the application for registration in
the Daily Register. The registry also maintains a Thumbprint register. The two parties
certify their agreement with signatures and thumbprints on the deed and this is
witnessed.
The registrar will then, if the land is declared to be more than 500,000 Rs, seek a
NOC from the Income Tax Department and, for land alienation, a NOC from the
Tahsildar, if these documents have not been submitted with the deed. It is
understood that these processes take about a month.
The registrar will then enter the details in the register book. The Sub-Registry
maintains four sets of registers:11
• Book 1, recording all dealings in immovable property.
• Book 2, recording all dealings that have been refused registration
• Book 3, recording all wills, codicils and bequests.
• Book 4, recording powers of attorney and other miscellaneous documents.
Once the details have been entered into the book, the registrar stamps the deed with
an entry, recording a chronological number/year and the date of entry. This entry will
be certified.
Following registration the registrar prepares a report (J-Slip), which is submitted to
the Tahsildar in rural areas or the Assistant Director Survey, Settlement and Land
Records in urban areas. These two officers will check the validity of the deed, and
check records of public land. The J-Slip will be distributed to the local office, where
the details will be verified with the original records. There is then a public notice of
the dealing. If no objections are lodged in the specified time, the Tahsildar/Assistant
Director will certify and make the appropriate entries in the records. In rural areas the
Tahsildar will issue an RTC, and in urban areas the Assistant Director will issue a
Property Card. This process will take at least 30 days, the period set down for public
display.
In urban areas where the city survey is not in operation, an application has to be
made along with a copy of the deed to the relevant Corporation/Municipal/Panchayat
office to effect transfer of the Khata maintained by that organisation.
If the dealing is a phodi (sub-division) it will be passed to SSLRD for survey. There is
a considerable backlog in the surveys for phodis but once the survey is completed,
the information is passed back to the Tahsildar/Assistant Director for preparation of
the RTC/Property card.
The sub-registries also supply encumbrance certificates. An application is made for
the detailed history of a nominated parcel, usually identified by survey number in a
village or street address or Corporation/Municipality/Panchayat Khata number in an
urban area. The registry then provides a certificate on the registered dealings for this
parcel over the stipulated period, usually 15 years. There is strong demand for this
service. The registry is able to produce this information using two sets of cross-
indices. These cross-indices are a village index, recording references to all dealings
in a village and a name index.

11
A fifth book, recording the details of sealed wills, is maintained in the District Registration office.

Draft (17 January 2005) – not for citation. 10


The linking of registration with the payment of stamp duty has the result that not all
transactions relating to land are registered, as various means are taken to avoid
stamp duty. In the case of mortgages it is the practice of many financial institutions to
enter into an equitable mortgage by way of deposit of title deeds rather than a formal
mortgage.
Local Authority Property Tax Assessment Records. Although the Revenue
Department has the authority to map and record ownership in cities and towns it has
only carried out limited work in this regard. For much of the urban properties the only
documentary evidence of ownership recognised by the law is that contained in the
records kept under the Registration Act. However, in practice, recognition is also
given to the property tax receipts and the Khata records kept by the local authorities.
Such records are not true records of ownership, but only evidence of taxpayers. For
example, the Municipality Act, 1964 provides that the record is only presumptive.
Nevertheless they are commonly used as supporting evidence of ownership.
Under these records each individual parcel is allocated a unique assessment
number. The recording of changes in landholding is dependent upon new
landholders notifying the local authority. Although it is recognised that these records
are not complete, there are a large number of records in these systems. For
example, there are 35 lakh urban properties within the Municipal records and
Bangalore Mahanagara Palike has a database of 5.5 lakh properties. All these
agencies are currently taking steps to improve their records

2.2.2 Data Flows


The major data flows between the four main land administration systems (Land
Revenue RTC, SSLRD, the IGRS registration system and the various Khata
maintained by the Corporations/Municipalities/Panchayat) and those seeking
information on rights in land is illustrated in Figure 1. The main flows are:
• Requests from agricultural land owners for certified extracts from the RTC (for
a range of purposes including trading in rights, borrowing against the land,
arranging crop insurance and proving eligibility for certain government
schemes and subsidies), as well as other requests such as requests for crop
certificates and income certificates;
• Advice to the RTC system from land owners that a mutation has occurred and
a request for adjustment to the records;
• Requests from land owners in City Survey areas for certified extracts from the
Property Card;
• Advice to the City property card system from land owners that a mutation has
occurred and a request for adjustment to the records;
• Requests from interested parties to the Sub-Registry for an encumbrance
certificate on a particular property;
• Applications by interested parties to register deeds in the Sub Registry;
• Advice from land owners to the Corporation/Municipality/Panchayat that a
mutation has occurred and a request to amend the Khata;
• Notice to property owners from the Corporation/Municipality/Panchayat of
property tax owing and advice on information in the Khata;

Draft (17 January 2005) – not for citation. 11


• Advice, in the form of the J-Slip, from the Sub-Registry to the Revenue
Department or SSLRD that a dealing in land rights has been registered.
As noted below, the three systems operate with very limited linkages and sharing of
data.
Figure 1 - Land Administration Data Flows
Owners
& interested
parties
Copies of plans,
Property tax Property Card
receipts, Khata extracts
Certified extract, Crop
certificate, income
certificate, etc. Advice for
Advice for mutations
mutations
SSLRD
Land Records
Revenue Dept.
Document for Encumbrance Record of
registration certificate Rights
Advice of
mutation
J-Slip J-Slip

IGSR
Corporations Registration
Municipalities System
Panchayat

2.2.3 Fees and Finance


In reviewing the current financial status of the land recording agencies it is necessary
to look at the financial performance of the three main agencies, the Revenue
Department, the Directorate of the Inspector General of Registration and
Commissioner of Stamps and the Directorate of Survey, Settlement and Land
Records. The overall revenue and expenditure for the agencies is summarised in
Table 1.

Table 1 - Revenue and Expenditure for Land Administration Agencies.


Rs crore
Agency Comments
Income Expend. Surplus/
(Deficit)
Revenue 108 159 (51) Revenue is only Land Revenue, based on June 2004
Department figures. Figures for income and expenditure include
Bhoomi.
Bhoomi 13.0 101.43 (88.43) Last 12 months. Expenditure based on estimate of
Revenue Department staff working on Bhoomi, plus
actual Bhoomi expenditure.
SSLRD 1.65 43.44 (41.79) 2003/4 figures
Stamps and 1,425.87 30.0 1,395.87 2003/4 figures. Includes stamp duty (a tax), plus
Registration registration fees (Rs 176.16 crore).

The Revenue Department had an estimated land revenue of Rs 108 crore and
expenditure of Rs 159 crore for the 2003-04 financial year. Included in this figure

Draft (17 January 2005) – not for citation. 12


would be revenue and expenditure associated with land records. However the
Revenue Department is responsible for the collection of land revenue and a large
number of other government dues. In addition, it performs many other administrative
functions and it is therefore necessary to apportion the salary cost of expenditure on
land records. The land records component of Revenue Department is essentially
Bhoomi and, as the operational costs and revenue of Bhoomi are known, the
following figures can be deduced based on current salary levels and operating costs:
• Bhoomi revenue Rs 13 crore and expenditure Rs 101.43 crore.
Similarly in the case of Stamps and Registration Department many functions are
performed other than registration of documents relating to land. However, stamp
duty and registration fees are the largest revenue items and were responsible for
income of Rs 1,249.71 crore and Rs 176.16 crore respectively in 2003-04, while total
expenditure was Rs 30 crore.
For Survey, Settlement and Land Records Department revenue in 2003-4 was Rs
165.00 lakhs, while expenditure was Rs 4343.84 lakhs.
The basic fees for Bhoomi are 15 Rs for a copy of the RTC, 35 Rs for mutation
request based on a pledge or mortgage and 20 Rs per parcel for a mutation request
based on inheritance.
In the case of Stamps and Registration Department, while stamp duty and
registration fees vary according to the type of transaction, for the most common
transaction of a conveyance of property the stamp duty is 8% while the registration
fee is 1%. The rates for stamp duty and the registration fee are significantly reduced
rates that were introduced with effect from 1 April 2003.12 In the year ending March
31 2004 there was an increase of 22.3% in the number of the documents registered
and an increase of 24.4% in the total revenue from stamp duty and fees, even with
the reduced rates for stamp duty and registration fees.13 The costs associated with
registering a transaction are still high and many transactions, particularly mortgages
are still not registered, (the costs of a mortgage are 0.5% stamp duty and 0.5%
registration fee). It is proposed to further reduce the stamp duty on conveyances to
5-6% by 2007.
Fees for Survey, Settlement and Land Records Department services are very low.
The fee of Rs 35 for a subdivision survey would not cover the cost of providing the
service. The fee for a copy or extract of records is Rs 10, recently increased from Rs
2.

12
Previously the stamp duty was 10% for urban land, 9% for semi-urban land and 8% for agricultural
land, and the registration fee was 2%.
13
In 2002/2003 808,267 documents were registered and Rs 950.99 crore stamp duty and Rs 195.21
crore registration fees (total revenue of Rs 1146.20 crore) were collected. In 2003/2004 988,235
documents were registered and Rs 1249.71 crore stamp duty and Rs 176.16 crore registration fees
(total revenue of Rs 1425.87 crore) were collected. Source IGRS figures provided by Deputy
Inspector-General Thippannagouda.

Draft (17 January 2005) – not for citation. 13


2.3 Overview of Major Developments
2.3.1 Bhoomi
Bhoomi is an automation of the land records maintained under the Land Revenue
Act. All 20 million records and 1 billion data fields have been computerised and
handwritten records declared illegal.
Comprehensive data entry software was designed after extensive discussion. The
data was captured in a phased manner. A print-out of the computerized record was
then signed off by Revenue Department staff after comparison with the manual
records and the manual records withdrawn. This process was completed and Land
Records Kiosks became operational in all 177 Taluks in 2002. In every Taluk one
Village Accountant has been designated as the Kiosk Village Accountant. Farmers
may get a copy of their record on payment of user charges of Rs 15. Records are
generated using the Bhoomi software running on kiosk computers and a back-end
server holding the database. The records are signed by the Village Accountant at the
kiosk. In case of any errors in the computerised records the farmers can lodge a
request with the Taluk office to correct the records. Correction is made in the Bhoomi
database if the error is found to be genuine and the corrected copy is then provided
to the farmer free of cost.
When a change of ownership takes place through sale or inheritance, farmers can
file an application for a mutation of the land record at the Bhoomi centre. Data from
the application is entered and a check list is generated for manual verification of data
and documents. Each request is assigned a number. The number can be used by
the applicant to check the status of the application on a touch screen in the kiosk.
Once the manual verification is complete an entry is made which automatically
generates notices that are to be served to affected parties. In theory, after a period of
30 days from the notice date, if everything is in order, the Revenue Inspector passes
the mutation order which is scanned into the system and after verification the system
automatically updates the land record. There is anecdotal evidence that there are
often significant delays in the mutation process.14
Crop records are supposed to be updated three times per year through the provision
of the data to a private data entry agency, but there is anecdotal evidence that the
field inspections necessary for the update of crop information are not being
undertaken.15 Check lists are generated after the update and validated by the Village
Accountants before the data is entered into the Bhoomi database.
The maintenance of the system is the responsibility of trained Village Accountants
who have been placed in each district to serve as resource persons for primary
diagnostic and repair, while facility managers with service level agreements have
been assigned to each kiosk.
The Bhoomi database from all 177 kiosks has been uploaded onto a central
database. Also there are plans to decentralise Bhoomi to the village level and 20
pilot centres have been established in Mandya district. These private kiosks can
connect to the Mandya database and view, print and distribute land records.

14
Private communication, Tim Hanstad.
15
Ibid.

Draft (17 January 2005) – not for citation. 14


In another pilot 200 Village Accountants have been given hand held computers to
carry out crop updates for 600 villages.

2.3.2 KAVERI
KAVERI is an automation of the registration process under the Registration Act,
1908, implemented under a private sector/public sector partnership. It has been in
operation in all sub-registries since the first of December 2003. Features of the
system at present include:
• Issue of an electronic token sheet with an allocation of time for presentation of
documents.
• Following entry of data into the computer:
a) Calculation of any delay and fine;
b) Assessment of value and calculation of stamp duty and fees;
c) Selection of required support documents;
d) Generation of a check slip indicating whether document can be
registered;
e) Allocation of registration number;
f) Generation of receipt.
• Use of a web camera and finger print scanning device for printing of
identification details on document.
• Scanning of the document after registration.
• Automatic update of Books and Indexes.
• Preparation of reports.
An automated encumbrance search is currently being developed and is intended to
be in operation by the end of 2004. In addition an electronic interface with Bhoomi is
being developed for the sending of J-slips.

2.3.3 Survey and Settlement Records


Digitisation of Village Maps. In 1999 a pilot project was commenced to digitise the
survey and settlement parcel data in two Taluks, Malavalli Taluk in Mandya District
and Bail Hongal Taluk in Belgaum District. The approach adopted was to hire a
private company at a cost of Rs 72 lakh to capture the field survey information in the
settlement survey tippan (field book). The survey information was used to produce
individual parcel maps in CAD format with the ultimate objective of mosaicing the
parcels to form CAD village maps derived from the field records. The pilot faced a
number of difficulties. Firstly, the private contractor had a computer science
background and had limited domain knowledge in survey/mapping. Secondly,
SSLRD did not closely supervise the work of the contractor and significant effort was
required by both the Department and the contractor to validate and correct data entry
– the department had up to 60 staff assigned to data validation for about 3 years.
Lastly, the CAD parcel maps were never compiled into village maps. With the survey
methodology adopted in the original settlement surveys there will never be an exact
match between the coordinates determined from the individual parcel surveys and

Draft (17 January 2005) – not for citation. 15


between the individual parcels and the surveyed village boundaries. There will
always be small discrepancies (usually of the order of a metre). A satisfactory
methodology to resolve these discrepancies was never developed and
implemented.16 The pilot took 2-3 years, longer than anticipated, took more effort in
data validation than was anticipated and did not result in digital village maps.
More recently, a private company from Andhra Pradesh, Spatial Technologies (India)
Ltd, has developed software to enter and save individual parcel field data from the
tippan (field book) and then to mosaic (“rubber-sheet”) the parcel data into digital
village and Taluk maps with a semi-automatic process that requires significant
manual input. Although there is an option to geo-reference these maps, usable maps
can be produced without geo-referencing although this limits the usefulness of the
data as a framework for the integration of other digital data.17 Some pilot work has
been undertaken in Karnataka and a proposal made to scale up the activity to cover
the whole state in a limited time frame (less than a year) using contract staff working
on a three shift/day basis. The estimated cost of this work is about Rs 30 crore for
the whole state without geo-referencing (based on an estimate of about Rs 30 per
tippan sketch).
Bhoomi has vectorised scanned village maps on a pilot basis and estimates that this
work could be completed for the whole State at a cost of Rs 2-3 crore without geo-
referencing and could be completed in 1-2 years.
Remote Sensing. The Karnataka State Remote Sensing Applications Centre
(KSRSAC) is currently scanning all village maps in a raster form that can be used to
produce vector map data. This map product is not based on the tippan record, but
based on the existing village maps, which have been prepared predominantly at a
scale of 1/7,920 from the tippan records using non-standard manual drafting
techniques. The village maps are often decades old and lack the information on
subsequent parcel sub-divisions and consolidations. About 3,000 village maps have
been scanned and it is anticipated that the remaining maps (about 27,300 villages)
be scanned over the next 8 months. There have been discussions between SSLRD
and KSRSAC about arrangements and funding for the work after the initial scanning,
but no agreement has been reached. The costs being sought by KSRSAC are about
Rs 8 crore.
KSRSAC has prepared a number of proposals to vectorise and geo-reference the
scanned village map data. They have submitted a proposal to the Secretary of E-

16
One methodology that could have been adopted was: (i) input the chainage and offset data from the
tippan – the ‘fish-bone structure’ – (ii) adopt a labelling system for points on each tippan; (iii) input the
topology of the joining points in the network of individual ‘fish-bones’; and (iv) adopt a semi-automatic
process of mosaicing the ‘fish-bones’ together, modelling the random and systematic errors in the
chainage and offset measurements. Points that do not meet pre-set tolerances could be flagged for
further investigation. This was not possible in this case as the contractor used the tippan data to
directly form parcel polygons into a CAD system and did not preserve the chainage and offset
structure of the tippan record. Had the tippan structure been preserved then not only could the parcels
be mosaiced, but new parcel measurements from phodi could readily be added to the mosaic and,
with additional control points, the mosaiced data could readily and reliably be adjusted to the national
geodetic network. The preservation of the survey data in the tippan would also have been a numerical
back-up of the tippan.
17
This possess at least preserves the ‘fish-bone’ structure of the field observations but the mosaicing
could be improved by developing a process to use the topology of the field measurements, as set out
in footnote 16.

Draft (17 January 2005) – not for citation. 16


Governance to undertake a pilot in Mysore district using Quickbird satellite imagery
(resolution 0.6 metre) that has been geo-referenced with DGPS control. This
proposal was costed at about Rs 4 crore (about 25% for imagery and 12.5% for
capital equipment). They have prepared a proposal to the Indian Space Research
Organisation (ISRO) to geo-reference the whole state of Karnataka with new
Quickbird imagery. This proposal has been costed at about Rs 100 crore (including
about Rs 30 crore for satellite imagery, which may be reduced in negotiations for a
bulk order). They have also prepared a proposal to the ISRO to geo-reference the
whole state of Karnataka using existing LISS III panchromatic-sharpened imagery
(resolution 5.8 metres). This proposal has been costed at about Rs 11.8 crore.
KSRSAC has been very active in recent years and has developed a number of
fundamental datasets which have been geo-referenced, including a dataset of village
boundaries for the whole state.
Settlement Surveys with New Technology (33 Villages). Between about 1974 and
1995 SSLRD undertook a re-survey of 270 of the 298 villages in Taluk Somvarpat in
Coorg District. This work was undertaken with theodolites and plane tables in very
difficult terrain. The major difficulties experienced on this activity lead to the current
pilot in Maddur using new technology.18 About 2 years ago SSLRD started a pilot
settlement survey project in Maddur Taluk in Mandya District involving detailed
investigations of rights on the ground, the placement of boundary stones and the
measurement of village boundaries and corner stones with total stations. It is
planned that these surveys be connected to the national grid (geo-referenced) using
control provided by the training institute for the Survey of India, which is based in
Hyderabad. This pilot covers 33 villages (there are about 180 villages in Maddur
Taluk) comprising about 10,000 existing survey numbers (parcels). SSLRD has 18
total-stations deployed and with support from a private supplier of ERDAS software
in Hyderabad has developed specialised software to record the ground observations,
parcel definitions and produce the parcel and map records. The survey work for 5
villages has been completed and publicly displayed. Survey work is complete in
another 11 villages. It is planned that the remaining 17 villages be completed in the
next 6 to 8 months (by about March 2005). The re-survey has involved significant
interaction with the community and has resulted in a consolidation of holdings. In the
work to date, about 2,040 survey numbers (parcels) have been consolidated into
1,041 parcels, about 400 disputes arose and were resolved during the process, and
a significant number of court cases have been withdrawn.19 These are clear benefits
of undertaking a comprehensive adjudication process in a village, but these benefits
need to be weighted against the costs involved. There is however some question
about the legal status of the re-survey. The re-survey will become effective only
when ratified by the government. There is some doubt that this will happen. The

18
Burns and Despande (2001) reported that ‘However, after 21 years effort and 150-160 million Rs,
this pilot [in Coorg] was stopped in 1995. The fact that Coorg district is heavily forested, and
mountainous contributed to the difficulties of the pilot. There are plans to commence a re-survey pilot
in one Taluk in Mandya district this year using total stations and new techniques. A budget of 10
million Rs has been allocated, 50% provided by each of GOI and the Government Karnataka. The
new pilot area is easier terrain – a flat, dry plain – and well suited to the use of total stations.’
19
This reported level of consolidation is difficult to accept at face value given the fact that in 1991
Karnataka repealed the Consolidation of Land Holdings Act of 1966 (see discussion in Hanstad et al
(2004), page 166).

Draft (17 January 2005) – not for citation. 17


process of updating the RTC records in Bhoomi if the re-survey is ratified is also yet
to be specified and agreed.
The work in Maddur, which has been implemented over the past 2 years, is a pilot,
with significant effort having been devoted to staff training and the development of
new methodology. It is therefore difficult to use the effort to date as a guide in
estimating the level of effort required to scale up the effort to complete new
settlement surveys over the whole state. A “back-of-the envelope” estimate for the
level of effort to complete the approximate 30,300 remaining villages in Karnataka,
based on the anticipated 8 months required to complete the remaining 17 villages in
Maddur with 18 total-stations, is 257,000 total-station months. Based on the current
skill levels in SSLRD and historical funding support for SSLRD, it is reasonable to
assume that any new purchase of total-stations for the SSLRD by the state might be
limited to about 100 units (at a total initial cost of about Rs 10 crore, with a
conservative useful life of about 5-10 years). If all 100 total stations were deployed
12 months a year, it would take 214 years to complete 257,000 total-station months
of work. The work will also be costly. The cost of the first registration (settlement
survey) varies throughout the world, depending on factors such as relative costs,
legal and technology approach and extent of community consultation. A recent
study20 of countries that had recent experience with first registration programs found
that the cost/parcel ranged from about US$10/parcel in Moldova to about US$20-
30/parcel in Indonesia and Thailand and US$60/parcel in Perú.21 India has low
labour costs but the methodology proposed by SSLRD with full total-station surveys
and emplacement of village and parcel boundary stones, is a “Rolls-Royce”
approach. If a low unit cost of US$10/parcel is adopted, the total cost to complete the
estimated 20 million rural parcels with new settlement surveys is conservatively
estimated at about US$200 million (about Rs 900 crore) and is likely to be
significantly higher. Clearly it will be difficult gain political commitment for this
timeframe and budget. Alternative approaches will have to be explored. These
approaches include the partial completion of new settlement surveys, perhaps
restricting re-survey activity to areas where records have been lost or where there is
a high level of disputes, together with the use of a mix of lower accuracy and lower
cost methodology22 and the involvement of the private sector.
One area of concern is that, despite extensive pilot re-survey activity in both Coorg
and Mandya and significant investment in new technology in Mandya, SSLRD would
seem not to have been able to demonstrate a production re-survey process23 that
can be scaled up. This difficulty is partially explained by the service rather than
production orientation of SSLRD staff. This orientation is reinforced by the apparent

20
Comparative Study of Land Administration Systems, prepared for the World Bank and available on
www.landequity.com.au/recentpubs.htm
21
The first registration activity in all these countries was undertaken in a mass, systematic process. In
countries such as Trinidad & Tobago and Latvia, where a sporadic approach was adopted, the cost
per parcel was in excess of US$1,000/parcel.
22
Options for lower cost methodologies include the graphical techniques of optical square surveys
from minor control traverses and the use of differentially rectified photomaps as a survey/map base,
and digital options include the use of hand-held DGPS receivers.
23
A production process is a process that has well-known and defined input and output specifications.

Draft (17 January 2005) – not for citation. 18


lack of reward systems for staff working on the production activity.24 Two immediate
steps could be taken to address this issue:
• An investigation should be made into providing field allowances to staff (with
these allowances preferably based on an output and not a daily basis); and
• SSLRD should be instructed to treat the remaining 17 villages as a chance to
prove a production capability. At the completion of the 17 villages SSLRD
should be able to define both the type and cost of inputs required for re-
survey (recognising that some costs will be per village and some per parcel)
and the standard output (in terms of parcels/month/field team and
parcels/month/total number of staff).
Microfilming of Records. In 1994 SSLRD commenced the microfilming of the field
records for the settlement surveys in Karnataka using two microfilm cameras in the
SSLRD office in Bangalore. This activity involves the scanning of the original tippan,
pakka (computation) book and the prapthi (assessment book). The hissa and phodi
records and the akarband are not being imaged. This task is not a simple imaging
exercise. Given the age and condition of many books, significant effort is often
required to prepare the material for imaging. SSLRD has completed the microfilming
of the field records for about 3,000 villages, or about 2 million of the estimated 200
million images estimated necessary. At this rate the task will never be completed. In
any case, a review is necessary as the microfilm cameras are no longer supported
by the manufacturer. Given the age and fragile nature of many of the field records
and the fundamental role that these records have in defining the extent of rural land
holdings, the delay in archiving the settlement field records is a major risk to the
veracity of the RTC system.
SSLRD submitted a proposal to Government of India (GOI) to scan and micro-film
the remaining tippan records (about 268 Taluks). This proposal was costed at Rs
16.5 crore. Last year GOI approved Rs 1 crore for this activity over 2 years. An initial
allocation of Rs 50 lakh has been provided this year to complete the work in 8
Taluks. SSLRD is planning to have this activity outsourced to the private sector and
completed by March 2005.

2.3.4 Urban Mapping


City Survey Maps. As previously stated, city survey maps have only been prepared
for 48 cities. Even then, these city survey plans only cover part of the cities. The city
survey maps have been prepared from about 1965 based on plane table plans

24
This problem is common on many large first registration (“settlement survey”) programs. First
registration is very much a production activity, which contrasts with standard land administration
activity which is a service process where staff wait and respond to requests for service from the
public. First registration is a difficult process, usually involving hard work and intense interaction with
the community for long periods of time (in Thailand some staff have spent 9 months a year in the field
for well over 10 years). There can also be increased responsibility and personal liability as a result of
first registration activity. Standard land administration work on the other hand is usually much less
demanding. It can thus be very difficult to foster a production orientation in project staff if there is no
financial recognition of the extra demands of the activity. At the very least there should be a field
allowance, but often this alone is inadequate. What needs to be rewarded is not time in the field but
output. In some of the more successful projects, allowances have been restructured on a production
basis (Indonesia) or there is a sliding scale of allowances, with the allowance increasing as output
increases (Cambodia).

Draft (17 January 2005) – not for citation. 19


prepared at a scale of 1/500. The city survey maps are at a scale of 1/2,500. No new
maps have been prepared in recent years.
A budget of about Rs 25 lakh has recently been allocated to SSLRD by the
Department of Municipal Administration (DMA) to undertake total-station surveys of
about 42 square kilometres of the urban area of Tumkur Taluk as part of the DMA
project to create fiscal cadastres for the 57 major urban centres outside of
Bangalore. As soon as funds are made available, SSLRD plans to deploy 8 total-
station field teams. It is anticipated that it will take 18 months to survey the estimated
50,000 urban land parcels (equivalent to about 13 parcels/total-station/day, which is
a high average daily rate if the process involves substantial investigation and
adjudication of rights, but a low rate if the process only involves measurement).
Town Planning Maps and Layouts. There are two main acts concerned with town
planning, the Town and Country Planning Act (1961) and the Karnataka Urban
Development Authority Act. A three tier planning process is specified: (i) Outline
Development Plans (ODP); (ii) Comprehensive Development Plans (CDP); and (iii)
Town Planning Schemes (TPS). ODPs and CDPs have been developed in 97 urban
areas. No TPSs have been prepared as yet. There are 28 Urban Development
Authorities with a mandate for both planning and development. The most active is
the Bangalore Development Authority (BDA). In Karnataka there are about 27 Acts
and about 17 departments concerned with land management. There are 23 Planning
Authorities responsible only for planning and 46 Municipal Development Authorities.
There is overlap in responsibility and duplication in activity. Take Bangalore as an
example. There is a Bangalore Metropolitan Region Development Authority that
administers the Bangalore Metropolitan Region (BMR), which covers 12 Taluks and
is about 8,600 km2 in extent. Within this region there is the Bangalore Development
Authority which covers the Bangalore Mahanagara Palike (BMP) and the
surrounding 7 municipalities and 1 town, a total area of about 630 km2. Within the
BDA there is the BMP which covers about 206 km2. Between the BDA and BMR
there is the Bangalore Metropolitan Area, which is administered by the BDA and
covers about 500 villages and about 1,357 km2 (the difference between the BDA and
BMA is largely what is supposed to be the green-belt, but in practice is now part of
the greater Bangalore metropolis).
The Urban Development Authorities and the Municipal Development Authorities
prepare urban layout plans for their own development activity and are responsible for
approving layout plans prepared by the private sector. However compliance with the
planning regulations is not universal. It is estimated that about 40 percent of the
layouts in UDA areas, 45-50 percent of layouts in MDA areas, and 15-25 percent of
layouts in other areas are submitted for approval. BDA has prepared layouts for a
significant area of greater Bangalore and has copies of many layouts prepared by
others. DMA, in its project to prepare tax maps in the 57 major centres outside
Bangalore, has not been able to obtain copies of layout plans.
The lack of large scale, up-to-date topographic mapping in urban areas is a problem
being addressed by the Town Planning Department. Under the ADB-funded
Karnataka Urban Development and Coastal Environmental Management Project,
new large scale maps will be prepared from photography flown over 20 major urban
areas. Aerial photography has been completed for 13 centres, control is being
provided by the Survey of India (SI) and mapping will be undertaken by the National
Remote Sensing Agency (NRSA, part of ISRO), with mapping also being undertaken

Draft (17 January 2005) – not for citation. 20


by KSRSAC if it is successful in obtaining funding for photogrammetric work-stations.
Line maps at scales of 1/500 and 1/2,000 will be produced. Maps for Bangalore and
Mysore have been completed. The Town Planning Department is talking to the
World Bank team preparing the Karnataka Municipal Reform Project about funding
the mapping of the other 202 major urban centres in Karnataka (at an estimated cost
US$2.5 million over 5 years).
Bangalore Development Authority. Traditionally mapping in Karnataka has been
undertaken without coordination. There has been duplication of effort. Late in the
1990s a group of agencies agreed to jointly fund the creation of new large scale
topographic mapping over Bangalore – the Reference Mapping – which was to serve
as the common map base for the agencies. Aerial photography was flown in 1998
and mapping was arranged through NRSA. NRSA sub-contracted a lot of the work,
which was not completed until 2003. The reference mapping was to provide map
coverages at scales of 1/2,000, 1/5,000 and 1/10,000, but only the 1/2,000 scale
coverage has been delivered. This data is being used by a number of agencies,
including BDA, BMP and the Town Planning Department (TPD). A major user has
been the French-funded Metropolitan Spatial Data Infrastructure Project (MSDIP).
The MSDIP has had considerable difficulty in integrating the NRSA data into a GIS
format. MSDIP commissioned Survey of India (SI) to coordinate 900 GPS control
points in the greater Bangalore area. This control was used to ortho-rectify SPOT 5
imagery (5 metre resolution). MSDIP had to filter out about 200 of the 900 GPS
control points provided by SI as the data did not fit the adjustment.25 The NRSA map
data was referenced to this data with considerable difficulty. Non-systematic shifts of
up to 40 metres were evident in the data (where the map accuracy should be 0.1-0.2
metres).26 Other problems included inconsistent layering of data, poor or missing
edge matching, and blocks of buildings shown as single large polygons rather than
individual buildings. A more fundamental difficulty was the fact that the maps were
provided in CAD rather than GIS format. MSDIP spent about 9 months cleaning 3 of
the 120 layers of data (including buildings and streets) into a GIS format, geo-
referenced to the differentially rectified satellite imagery. MSDIP subsequently
obtained 2002 Quickbird imagery (0.6 metre resolution) and ortho-rectified this data
using the SI control. The NRSA mapping was again referenced to this differentially
rectified imagery. The final mapping is estimated to be accurate to about 2-3 metres.
The result of this effort is being built into the MSDIP, which is due to be completed in
June 2005. The only agency using the MSDIP corrected data is BDA. The other
agencies using NRSA mapping are using the data as provided by NRSA. MSDIP has
also digitised and geo-referenced with considerable effort over many months the
settlement survey information for Bangalore.
MSDIP staff also noted their difficulty in hiring mapping engineers and technicians in
Karnataka (digitisers, cartographers and surveyors). The MSDIP experience with
mapping data and their difficulties raises a number of concerns. These include:
• Even key agencies responsible for map and satellite imagery in India would
seem to have difficulty in providing data to international standards;

25
Apparently SI had incorrectly processed the GPS observations for these points.
26
These difficulties were due to a number of factors – poor quality control, lack of clear specifications
and the use of limited control.

Draft (17 January 2005) – not for citation. 21


• The agencies also have difficulty in implementing quality control processes
and in meeting timelines;
• The agencies planning to use uncorrected NRSA data (including BMP and
TPD) will have data that is not properly geo-referenced.
Municipal Tax Mapping. DMA has recently started a major program to create over
a short timeframe tax mapping and updated tax rolls for the estimated 3.5 million
properties in the 57 major urban centres outside of Bangalore (including the 7
municipalities and 1 town that surround the City of Bangalore). Drawing on
international experience, guidelines and a manual for property numbering has been
developed. In each municipality this numbering system has four levels: (i) ward; (ii)
block (area surrounded by roads); (iii) street; and (iv) door number. The fulcrum is
the ‘block’, which is unlikely to change. Maps are being prepared by SI, with input by
contract staff employed by DMA. The tax maps are being compiled from the best
available information, which is usually town plans at a scale of 1/4,000 or 1/5,000.
Paper copies of these maps are being scanned by SI, geo-referenced to SI control
and vectors created of road centrelines in a CAD system. This base information for
the road network is being updated in the office by SI staff using the best available
imagery (for the 8 municipalities/town around Bangalore, recent Quickbird satellite
imagery and for the rest 1/40,000 scale aerial photography captured between 1990
and 1994). Initial base maps are being produced and sent to the field to capture
changes/updates to the road network. These changes and updates are entered by SI
into the CAD system. Base maps at scales of 1/1,000 to 1/2,000 are then produced
for the field teams collecting the individual parcel dimensions and attribute data. This
base mapping exercise is being undertaken within the overriding objective that the
initial data capture for the tax map and attribute information be completed by the end
of 2004. The methodology is not to standard mapping specifications, but the data is
geo-referenced and will provide a framework to plot the cadastral detail and ensure
that all parcels are referenced. The short-comings of the mapping approach are
appreciated. It is proposed that the map detail be updated with new aerial
photography, including the new topographic mapping being undertaken by the Town
Planning Department. This mapping will include more than the road, parcel and
building detail initially being captured for the tax mapping and will be implemented
over the next 5 years. DMA also anticipate that more accurate mapping by ground
survey will be necessary at some time in the future and are arranging initial ground
surveys in 8 major urban centres, including the work in Tumkur to be undertaken by
SSLRD.
A detailed investigation form (forms A, B and C) has been developed to capture
textual information about each property. Form A sets out information about the
property in the existing municipality Khata. Form B sets out property details gathered
in the field (including detailed information on the property, any buildings etc. to
support the calculation and collection of property tax). Form C sets out the taped
measurements and a digital photograph of the property and is signed by the data
collector and the supervising engineer. The boundaries based on the tape
measurements will be charted on the base maps provided by SI. These maps will
then be sent to SI who will incorporate the parcel information in the CAD maps for
each municipality. The attribute information will be input into a software system that
has been developed for DMA by the E-Governance foundation of Infosys. Significant
validation is planned for the completion of form C and data entry. The property

Draft (17 January 2005) – not for citation. 22


owners will be provided with extracts from the database and given the opportunity to
correct/validate the data over a 15-18 months period.
The cost of the Infosys software, estimated at US$2 million, and long-term, on-going
support is being provided to the government at no cost. Hardware for the
municipalities is being funded under an ADB project. Staff for the operation of the
system in the municipalities have been hired and are being trained and deployed.
A significant number of staff (400-500) has been hired for data capture/entry and it is
planned to complete the activity for the 57 municipalities by December 2004. The
objective of DMA is to increase property tax receipts by a factor of 5 (the 57
municipalities currently account for about Rs 110 crore of the Rs 129 crore collected
by all 222 municipalities).
DMA plans to continue the activity in the remaining municipalities using funds from
the proposed World Bank-funded Karnataka Municipality Reform Project.
Bangalore Tax Mapping. The Bangalore Mahanagara Palike (BMP) is responsible
for local administration in Bangalore City. BMP has a total area of about 206 km2 and
currently has about 0.55 million property taxpayers spread over 100 Wards. BMP is
also seeking to update its tax records and undertake tax mapping. BMP has
undertaken pilot work in two Wards, Ward 64 and Ward 72. In Ward 64 (about 1.64
km2) KSRSAC has undertaken pilot activity. The base maps used are the 1/2,000
scale photogrammetric mapping of Bangalore produced by NRSA. KSRSAC used
these base maps to undertake field investigations, collecting tape measurements of
properties, property attribute information, and significant other information (15
features, including trees by type, roads, footpaths, drainage, bus-stops etc). BMP
has about 5,600 taxpayers in Ward 64, but the KSRSAC field work has identified
about 7,200 properties (indicating that in ward 64 about 22% of potential taxpayers
are not on the BMP Khata). KSRSAC had two teams of 5 undertaking the field work
and completed the work in 3 months. The work could have been completed in 2
months if only property information was being collected.
The ‘pilot’ work in Ward 72 was undertaken by Genasys, one of the three private
companies that BMP has contracted to complete the remaining Wards. BMP has
prepared 10 tender packages, with each package covering about 20 km2. In May
2004 Genasys was given 4 packages covering 31 Wards, including Ward 72. The
contract specifies that the work be completed in 4 months. Genasys has delivered
Ward 72 as a pilot and has completed the survey work for another 4 to 5 Wards.
Magnasoft, another private company, has recently been awarded 4 packages
covering 48 Wards. The third private company, ADCC Infotech Ltd, has recently
been awarded 2 packages covering the remaining 20 Wards. Both Magnasoft and
ADCC Infotech Ltd have 4 months to complete their contract, so the work should be
completed by the end of 2004. The NRSA 1/2,000 photogrammetric mapping is
being used as base mapping, so the new data will be geo-referenced. The BDA
layout plans are being used in compiling the GIS. KSRSAC has been contracted to
provide quality control. NRSA is providing specialist advice and developing the
spatial and aspatial databases. The spatial database is being developed with ESRI
products, including ArcIMS.27 The aspatial database is being established within the

27
A major US GIS software vendor, see web page www.esri.com

Draft (17 January 2005) – not for citation. 23


Oracle environment. NRSA will have the databases completed in the next few
months, ready to input the data from the three companies.
The contractors are using a form to gather data from property holders, including
details for property and building areas. A digital photograph is taken of each
property. Only irregular-shaped parcels are measured by the field teams. The field
data form is not signed by the property holder and BMP is not proposing to provide
copies of the data entered into the database to property holders for verification. The
data gathered in the field will be verified internally against the data held by the BMP
Revenue Department. Field inspection will investigate any discrepancies. The data in
the BMP Revenue Department is largely based on data from a self-assessment form
prepared and signed by property holders. Property holders will have the chance to
appeal for corrections to the BMP Khata when given notice of their annual
assessment. The BMP data will also be available on the internet and property
holders will be able to request that the data be corrected to accord with documents
that they hold.
Yadrami Gram Panchayat in Gulbarga District. The Rural Development and
Panchayat Department has sponsored a project in Gulbarga District to prepare large
scale mapping of non-agriculture property. This project includes mapping of the
Gram Tana, the central urban area that was not covered by the settlement survey. A
comprehensive natural resource GIS has been prepared of Gulbarga District, based
on the Survey of India 1/50,000 scale topographic maps. The pilot has been
implemented in Yadrami Gram Panchayat, one of 33 Gram Panchayats in Jewargi
Taluk. Yadrami Gram Panchayat has three villages, Yadrami, Yadrami Tanda and
Akhandahalli. The Village map has been digitised and geo-referenced with GPS
ground control points. Mapping of the three villages has been undertaken by plane-
table at a scale of 1/1,000. The plan table maps have been geo-referenced with
GPS. The mapping detail includes houses, compounds, drainage etc and a
substantial amount of attribute data has been collected. The work was undertaken by
a local official with support from a few students at a polytechnic over a period of 2
months, one month to collect the data, including the detail for about 2,000 buildings,
and one month to enter the data in a GIS. The cost of the pilot has been about Rs 2
lakh.
Survey of 25 Gram Tana in Tumkur District. Thematics, a private GIS company,
has recently mapped using total-stations 25 Gram Tana in 5 Tuluks in Tumkur
District for the UNDP-funded Bio-Mass Energy for Rural India project. This work was
undertaken for Rs 450/acre. With each Gram Tana having about 100-150
households and being about 7-10 acres in extent, the cost per Gram Tana was in the
range of Rs 3,150-4,500. With two survey teams in a Gram Tana, the field work in a
Gram Tana was typically completed in three days. This private company is therefore
significantly cheaper and faster than the Rural Development pilot in Gulbarga.

2.3.5 Private Surveyors


It is currently estimated that there is a backlog of about 300,000 requests for
individual surveys in SSLRD, and perhaps a similar number of potential requests that
are currently being held by the Tahsildars. To address this backlog, SSLRD
implemented in 2001 a program to license private surveyors and regulated that
surveys be undertaken prior to mutation. A call was made for applicants with
certificate qualifications in surveying. About 2,500 applications were received and

Draft (17 January 2005) – not for citation. 24


about 2,000 selected for 3 months training (at a cost to the applicant of Rs 2,000). All
subsequently passed the final exam, although some had to sit the exam a second
time. Having passed the exam the private surveyors were given a license (for an
initial fee of Rs 1,000) which is renewable annually (for a fee of Rs 100). Private
surveyors have access to the records by paying the standard fee. Their fees are
limited to Rs 300 per survey (the fee for a government survey ranges from Rs 35-
50). Private survey plans are lodged in Bangalore and shortly after the introduction of
the system there were about 40 to 50 surveys lodged daily. This activity has been
put on hold due to a High Court stay while it rules on an appeal by document writers
against the system. There is no evidence that private surveyors have had a
significant impact on the survey backlog. Staff in the Mandya Taluk office observed
that the public did not trust private surveyors.

2.4 Major Short-Comings of Existing Situation


There are many issues relating to land records in Karnataka and even more
underlying causes of these issues. These issues and underlying causes overlap. The
following seven major issues have been identified in this study and serve as the
framework for the options for improvement set out in the next section of this report.

2.4.1 SSLRD Maps


Efficient systems to officially record rights in land comprise two basic sets of
information:
• registers comprised largely of textual or alphanumeric data that record rights
in land; and
• maps or a spatial framework that define the boundaries and extent of land
parcels over which these rights apply.
These two basic sets of information constitute the concept of the cadastre, which is
illustrated in Figure 2. Under the cadastral concept there is a close, explicit linkage
between the textual and spatial data. With this link in place, various search/access
mechanisms can be developed to search information on rights in land. These
searches can be from keys in the alphanumeric data or from queries in the spatial
framework and reports can be produced in either or both domains. The spatial
framework can also be a useful tool in validating the textual data, identifying, for
example, parcels where numerical data is not available. The close linkage between
the spatial and textual data is illustrated in Figure 3, as is the use of search
mechanisms to facilitate access to information on rights in land by a range of users
including lawyers, financiers, local government etc. An essential prerequisite for an
efficient cadastral system is therefore ensuring that the two datasets are maintained
and up-to-date. No set of rights should exist without a spatial parcel to assign them
to, and all spatial parcels should be linked to a set of rights.
Another concept worthy of mention is geo-referencing. If the cadastre is formulated
in the national geodetic reference frame then other data sets can be easily and
reliably overlaid on the cadastre. These other datasets may include topographic
information, census districts, satellite imagery etc. With geo-referencing, the
cadastral data has many other potential uses, such as the spatial framework for a
GPS navigation system for vehicles. Geo-referenced cadastral data is therefore a
fundamental dataset in the creation of the spatial data infrastructure in a jurisdiction.

Draft (17 January 2005) – not for citation. 25


This is illustrated as the spatial component in Figure 3. However, it is important to
note that efficient cadastral systems can be developed without geo-referencing, but
these systems often operate as isolated systems due to the difficulty in referencing
other datasets.

Figure 2 - Cadastral Concept

With this introduction, the status of the land records systems will be reviewed. For
agricultural lands the following major issues arise:
• the British introduced simple and quick methods to measure land holdings.
These methods have been continued by SSLRD. The primary record for the
settlement surveys is the individual parcel survey records (tippan). There is no
mathematically rigorous method to compile a cadastral map from the tippan
record;
• the tippan record is fragile and some records have been lost (this issue is
picked up below);
• non-standard, manual drafting techniques were used to graphically compile
village maps using the information in the tippan books;
• the village maps are updated infrequently (no more frequently than every 10-
30 years) and any subdivisions happening in the interim are not charted;
• there are long delays in surveys for sub-divisions – sometimes decades28 -
and mutations are being recorded in the RTC without survey;
• largely due to inheritance, land holdings are increasingly being fragmented.
Consolidation can be implemented in re-survey, but few re-surveys have been
undertaken. The result is that it is common for a farmer’s landholding is
recorded on several (many) RTC records;
• the settlement surveys and the village maps are not geo-referenced.

28
See Burns and Despande, 2001.

Draft (17 January 2005) – not for citation. 26


These issues create a number of problems. Perhaps the major problem is the
lack of a clear, unambiguous spatial reference for the RTC system. The tippan
record is the primary spatial reference for the RTC system. The tippan records for
less than 10% of the villages in Karnataka have been archived to microfilm. If the
tippan record is lost, there will be increased uncertainty over rights, leading to an
increased number of disputes and higher costs by the state and individuals in
resolving these disputes. The village maps comprise a spatial framework to
validate the RTC records. These maps cannot fulfil this function if they are
inaccurate and not up-to-date and in this form the maps cannot be readily
accessed by other users. The lack of geo-referencing also limits the usefulness of
the maps as a core reference for integration with other datasets such as
topographic maps, demographic information and satellite data. Karnataka, with
computerised RTC records in Bhoomi, and a strengthened spatial framework
based on the tippan/village map records, has the basis for a title registration
system. Without the spatial framework, Karnataka will need to explore other more
costly and time-consuming options, such as re-survey, to be able to establish a
title registration system.

Figure 3 - Spatial Data Infrastructure (from Williamson).

Many of the same issues apply to urban areas, particularly the infrequent updating
of maps and the lack of geo-referencing but the following additional issues apply:
• SSLRD has only been able to produce City Survey maps in 48 urban centres,
and even so, City Survey maps only cover part of these urban centres;
• Reference to survey numbers in the sub-registries in urban areas is not the
norm, even in areas where City Survey plans exist. The prime reference
seems to be street address and municipality Khata;

Draft (17 January 2005) – not for citation. 27


• Few mutations are being recorded in the Property Cards.
It is therefore not surprising that the Administrative Reform Commission has recently
recommended that the City Survey be discontinued and the staff reassigned to other
tasks in SSLRD. This is not the answer, but something needs to be done.

2.4.2 Urban and non-agricultural land


As noted earlier, there is a lack of both map and textual information in urban areas.
The SSLRD City Survey Plans and associated Property Cards only cover parts of 48
urban centres. This information is not up-to-date and does not reflect the reality on
the ground. The municipal property tax registers (Khata) do not have a spatial
component and are incomplete. There are no large-scale, up-to-date maps of urban
areas, both for the major urban centres and for non-agriculture land in rural areas.
There is therefore currently no information base on which to populate a system like
Bhoomi to record rights for urban and non-agriculture land. This is changing quickly
with the current efforts by DMA and BMP to generate tax mapping and update tax
rolls in an accelerated manner.

2.4.3 Land Valuation


The land administration system in India was originally set up to raise revenue from
land. Valuation thus formed an essential element in the settlement surveys
conducted under the British administration, and this continues today. The Karnataka
Stamp (Prevention of Undervaluation of Instruments) Rules of 1977 sets out the
principles for the determination of market value for land, house sites, buildings and
other lands.29 For rural land a factor considered is the revenue assessment
established during the settlement surveys, which is supposed to be updated every
30 years.30
A primary reference has traditionally been the sales histories recorded by the Sub-
Registries, although this information has a number of distortions and there is often
limited sales information in rural areas. The area covered by the Sub-Registry is
grouped into areas of like characteristics and a roll of market values – in Rs/square
foot in non-agricultural areas and Rs/Acre in rural areas – is prepared and published
in the Karnataka Gazette. A period, normally 30 days after publication, is allowed for
the submission of objections. These objections are considered and the valuation roll
is approved by the Government and published in the Gazette. Local publishers print
copies of the valuation roll and this information is available from local bookstores.
A key element in KAVERI is the determination by the software of the assessed value
of each property. The applicant for registration has the option to adopt this assessed
value for the purposes of payment of fees and taxes. As the assessed value is
usually significantly less than the market value most accept the assessed value.
KAVERI thus significantly reduces problems such as collusion between officials and
applicants on low assessed values and the payment informal fees. The recent

29
Section 5.
30
The period of 30 years for the revenue rates was guaranteed under the original settlement
(Jayaram, 2000, page XI). Obviously over the 30-year period the revenue rate would erode in value
and become less relevant in assessing current values.

Draft (17 January 2005) – not for citation. 28


reduction in stamp and registration fees also reduces incentives to under-declare
property values.
Local authorities (panchayat) also undertake a rating of property to support
panchayat tax assessment. This assessment is usually undertaken on a community
basis, with a ranking of all taxable lands in the jurisdiction and is based on an
assessment of annual rentals for all rateable property. This information is revised
every 5 years. In Bangalore the local corporation has recently adopted a policy of
self-assessment of property assessments, knowing that the published market values
are freely available.
As Jayaram (2000) notes, the published market values determined by the various
levels of government do not reflect up-to-date market values, but provide some
measure of the relative value of property. Jayaram notes three characteristics with
the published market values:
• The assessed values tend to remain fixed for some time
• Any change that does occur is likely to be a change downwards, with some
properties being reduced more than others31
• There is a tendency in an area for an excessive concentration about a mean
value.
The system for the valuation of rural land in Karnataka is very rudimentary. The
information collected by Government does provide some measure of relative values,
but will lead to difficulties is establishing value where private property is being
compulsorily acquired by the State under the Land Acquisition Act.

2.4.4 Original survey records


The original field book (tippan) record for the settlement surveys is the prime
reference for defining the boundaries and dimensions of agricultural land. As
previously noted, the survey methodology adopted by the British and carried on by
SSLRD is quick and relatively low in accuracy. No redundant observations were
taken (for example, no measurements were taken of the distances on parcel
boundaries) and many tippans have been recorded in an old script that can be
difficult to read or interpret. Finally, many of the field records are very old and in a
fragile state. The effort in micro-filming the field records over the past decade has
demonstrated that often much work is required to get the field records in a form that
can be imaged or scanned. The SSLRD program to microfilm the field records will
never be completed under the present arrangements. GOI has recently allocated
funding to the scanning of the field records.

2.4.5 Registration system


Under the Indian law, registration is necessary to give effect to a legally valid deed,
which provides the incentive for registration. The Registration system is intended to
place on public record transactions with land in all areas but it is not a complete land

31
Jayaram (2000) notes that the least line of resistance for tax assessors seems to be to reduce the
assessed values of few properties, particularly for property owners who appeal or agitate, and leave
most property values unchanged. Over time, this has the effect of depressing overall assessed values
below general market values.

Draft (17 January 2005) – not for citation. 29


record as it does not apply to certain matters affecting land ownership such as
inheritance, transfers by operation of law, Court decrees, etc., although some of
these matters may be recorded in the record of rights.
By law the registration of a transaction is compulsory (except in the case of the
matters referred to above). Registration does not include the adjudication of rights
and the resolution of disputes and does not ensure the validity of a transaction.
Registration serves only to provide evidentiary value of a document in a court of law
and, in the case of compulsory registration, registered instruments have priority over
unregistered ones. It is the duty of the purchaser to investigate the ownership claims
of the seller. An encumbrance search is necessary to establish whether the seller
has a good title. This is normally a search of all transactions over the previous 15
years. If the search is clear, the Sub-Registrar would issue a non-encumbrance
certificate of property. As the mere act of registration does not create or establish
title to a property, it is possible that not all transactions are registered. There is
anecdotal evidence that many transactions are not registered. Stamps and
Registration is a tax that lends itself to a number of abuses and malpractices not just
in valuation of properties but also in ingenious methods and instruments devised for
conveyance of properties.
The Sub-Registrars are supposed to inform the Tahsildar in the case of agricultural
land and the city survey office in the case of properties under City Survey, of all
registered transactions, so that necessary changes in records may be made. In the
past, this information has been either not sent, or sent late, or not acted upon, with
the result that necessary correction of records often does not take place. Mostly it is
left to the buyer of property to ensure that his name is recorded in the revenue
records. The buyer spends a lot of his time and money in chasing papers to get the
process completed.
The Registration office looks after document registration only. There are no cadastral
maps kept in the sub-registries. Furthermore, the description of the land contained in
a deed may leave a lot to be desired in terms of providing an accurate location of the
property, particularly in urban areas. The model deeds provided by Registration and
Stamps Department require both a metes and bounds description and reference to
survey number, Khata number or street address. However, inspections of registered
deeds in urban areas disclosed that descriptions are vague and imprecise. Thus the
system is one which goes to a lot of trouble to ensure the correct identification of the
parties to a deed, but does little to facilitate the location of the land the subject of a
deed or to ensure the correct identification of the land.

2.4.6 Record of Rights


Section 133 of the Karnataka Land Revenue Act states that “an entry in the Record
of Rights and a certified entry in the Register of Mutations shall be presumed to be
true until the contrary is proved or a new entry is lawfully substituted therefore”. It
has been stated that “As regards Indian law as to title to land, the statute law of India
as in force at present, broadly speaking, does not profess to provide for a state
certification of title to land under the aegis of a public authority. No doubt, regarding
agricultural land, the record-of-rights in land and similar documents, by virtue of
provisions in the land laws of various states, create a structure, at least in theory, of
permanent records of transactions concerning such land. But the entries in such
records are not conclusive even though they may be relevant in a court of law and

Draft (17 January 2005) – not for citation. 30


may be given presumptive status by land laws” (Wadhwa, 1989). The Supreme
Court of India has held that: “It is firmly established that the revenue records are not
documents of title…”.32
Serious consideration needs to be given to the future role and status of this record.
The main questions are dealt with under the following paragraph on Bhoomi.

2.4.7 Bhoomi
Bhoomi has made major improvements in the Land Revenue Act system. It has met
a pressing need for improved service delivery in this area and been widely
acclaimed, although there have been some criticisms. The most common criticisms
relate to the travel necessary to access the system at Taluk level and the quality of
the data in the system. The first matter should be overcome by the planned opening
of kiosks at village level, while the greater openness and transparency, together with
the facility for quick correction of errors should progressively overcome the latter
problem.
Notwithstanding the improvements, Bhoomi is essentially a computerisation of a very
old land revenue system. In an ideal situation it would have been desirable to review
and re-engineer the basic land administration systems prior to computerisation, but
this would have delayed the much needed service delivery improvements. However,
the opportunity should now be taken to undertake this task and ensure that Bhoomi,
or any redevelopment of it meets the future needs of a modern society. The issues
that need to be addressed are similar to those facing the Record of Rights generally
as mentioned in the previous paragraph. They are:
• the appropriateness of existing Land Revenue procedures followed in
Bhoomi. For example, the process of handling mutations is very cumbersome.
• the data that the system should hold. Should it continue to hold all the existing
data, is that data necessary and, if so is Bhoomi the place to hold it? Does the
revenue collected from agricultural land justify continuing the maintenance of
the existing system and the information contained in it?
• the extent of the system. Should Bhoomi be an information system for all land
in the State?
• the status of the information in the system. Should all or some of the
information be regarded as conclusive in the eyes of the law and possibly
have the status of information guaranteed by the State?

2.4.8 Fragmented Land Records Systems and Multiple Agencies


Currently, the Survey, Settlements and Land Records Department prepares and
maintains survey and mapping records and property cards, the Revenue Department
prepares and maintains the record of rights and the Department of Registration and
Stamps registers and maintains records on transactions with land. None of these
systems is complete or comprehensive or definitive. The record of rights is now only
relevant to agricultural land. In the case of urban land the Survey, Settlements and
Land Records Department maintains property cards for urban areas for which city

32
Corporation of the City of Bangalore v M Papaiah and Another, Judgments Today, 1989 (3) SC
294, at 296.

Draft (17 January 2005) – not for citation. 31


survey maps exist, but these maps only cover a limited proportion of urban areas.
Outside of these areas the main property record is the Khata kept by the relevant
Corporation/Municipal/Panchayat office but this is only a record of taxpayers and
does not profess to represent ownership. The Registration system is intended to
place on public record transactions with land in all areas but does not apply to
certain matters affecting land ownership such as inheritance, transfers by operation
of law, Court decrees, etc., although these matters can be recorded in the record of
rights.
The co-existence of the Revenue and Registration record systems results in
duplication of effort and additional and unnecessary costs and complications. A
transaction with land which is required to be registered under the Registration Act,
1908 must also be recorded in the RTC in the case of agricultural land and in the
property cards in the case of land for which a city survey plan exists. But certain
transactions may be entered in the RTC and not in the Registration record. Any
person interested in entering into a transaction with such land must conduct
searches in both locations as well as elsewhere. This combination of systems is
inefficient to operate and maintain and complex to use.
In the case of urban and non-agricultural land, after registration of a transaction
resulting in change of ownership, it is necessary for the owner to make application to
the Corporation/Municipal/Panchayat office, together with a copy of the deed in order
to update the Khata. As a result Khata records are not always complete and up-to-
date. The overall result is that there is considerable uncertainty in rights and
government records have limited effect in clearing up this uncertainty. This is
illustrated in the two cases in the following text box.

‘My father had bought a site of about 4.5 cents (28 in front and 27.5 behind). But the
registration was done only for 27.5 in front and 27 behind. The difference of one foot was
not registered by oversight. My father did not treat this as a major issue as both sides of
our property were fenced. This one foot is occupied by us since 1982. Two years ago my
father built a house. Now the neighbour on the left side of our house came to know of the
difference and is trying to claim it as his. Please advise a course of action. Hemalatha A
Firstly, find out the area which your father is entitled to. This you can find out if he has purchased
by taking the sale of your neighbour if he gives or otherwise you can take a certified copy from the
sub-registrar’s office concerned. You should also check the title of your father’s seller to find out
whether he had the area as stated by you being 28 feet in front and 27.5 behind. On ascertaining
the facts you can then file a suit to restrain any interference in your occupation of the area in your
possession since 1982.’
‘My mother owns a house purchased in 1990. It comes under the Corporation limits.
Recently, she signed an agreement with a prospective purchaser and also received an
advance amount. A problem has now arisen. There has been an error in the schedule of the
house mentioned in the sale deed. The purchaser has requested us to get the error rectified
in the sale deed. What is the procedure to get the sale deed rectified? Is the previous owner
i.e. the person who sold the house to my mother required? We have approached him for his
co-operation but he is demanding a huge amount. What is the solution? Surendra Kapadia
First, ascertain the nature of the rectification required. If it is not very critical, e.g. if there is an error
only in one of the boundaries and if the earlier owner is not co-operating with you, you can proceed
with the transaction and correct the error in the present sale deed with the confirmation of the
boundary by your neighbour. If the error is one requiring rectification and the owner is refusing you
would have to take action to get the same rectified in court.’
Source: Legal Eagle Column in the Property Section of Bangalore Times, 10 September 2004.
Columnist Anup Shah, Advocate.

Draft (17 January 2005) – not for citation. 32


2.5 Options for Improvement
2.5.1 Spatial Framework
There are four main sub-components of the spatial framework that supports the
recording of rights in Karnataka. These sub-components are:
• the spatial framework that supports Bhoomi (the settlement survey);
• the spatial framework that supports registering rights in Bangalore;
• the spatial framework that supports registering rights in cities and
municipalities other than Bangalore;
• the spatial framework that supports registering rights over non-agricultural
land administered by the Gram Panchayat.
The strategic options for each of these four sub-components are discussed below.
Spatial Framework for Bhoomi. The spatial framework that supports Bhoomi is the
settlement survey data, supported by records of subsequent phodi. As previously
noted, there is a number of problems with this system and the manner in which it
supports the RTC system. There is also a number of initiatives that that can
strengthen this system, most of which have been investigated. These options range
from the scanning of the existing village maps and modifying Bhoomi and KAVERI to
reference this data as noting charts, to full re-settlement surveys. There are many
options between. The characteristics of the some of the major options are
summarised in the table below.

Table 2 - Strategic Options to Strengthen the Spatial Framework for Bhoomi.


Option Approx. Cost/ Advantages Disadvantages
Timeframe
1.1 Secure archiving of the Rs 10 crore 1. Already funded by GOI 1. Many of the field records have
settlement survey field books. 2 years + 2. Essential if the tippan is to degraded to the extent that they
continue to be the main spatial are difficult to scan.
reference for the RTC
1.2 Scanning of the existing Rs 0.2-1 crore 1. The village maps are 1. Deficiencies in village maps
village maps and modifying < 1 year currently being scanned. (non-standard, infrequently
Bhoomi and KAVERI software to 2. Low cost updated, phodi not charted, etc).
use the raster data as a spatial 3. Village maps are a prime 2. Village maps are not geo-
reference/charting tool. spatial reference in the present referenced.
system. 3. Limited query on raster data.
1.3 Vectorising scanned village Rs 2-5 crore 1. Low cost 1. Deficiencies in village maps
maps, updated for hissa and 2 years 2. Village maps are a prime (non-standard, infrequently
phodi (but not geo-referenced). spatial reference in the present updated, phodi not charted, etc).
system. 2. Not geo-referenced (but can
3. Data in vector form – be with GPS observations).
facilitates queries.
1.4 Vectorising scanned village Rs 12 crore 1. Cadastre geo-referenced 1. Deficiencies in village maps
maps and geo-referencing to LISS 2 years (~10 metres) (non-standard, infrequently
III, pan-sharpened imagery. 2. Relatively low cost updated, phodi not charted, etc).
3. Village maps are a prime 2. Geo-reference only to ~10
spatial reference in the present metres
system.
4. Data in vector form –
facilitates queries.
1.5 Vectorising scanned village Rs 100 crore 1. Cadastre geo-referenced 1. Deficiencies in village maps
maps and geo-referencing to new ~6 years (~1-2 metres) (non-standard, infrequently
Quickbird imagery. 2. Village maps are a prime updated, phodi not charted, etc).
spatial reference in the present 2. Relatively high cost, and long
system. duration.
4. Data in vector form –
facilitates queries.

Draft (17 January 2005) – not for citation. 33


Option Approx. Cost/ Advantages Disadvantages
Timeframe
1.6 Inputting data from tippan, Rs 30 crore 1. Tippan observations archived 1. Tippan does not show all
developing algorithms to generate (without geo- 2. Maps highest accuracy changes in boundaries
topology, option of geo- referencing) possible from settlement 2. Not geo-referenced – but can
referencing. 1 year + surveys be geo-referenced at additional
3. Digital data – facilitates cost.
mosaicing, phodi update, option 3. Pushing the original
for geo-referencing. measurements beyond their
4. Data in vector form – status.
facilitates queries. 4. No redundancy in tippan
measurements and tippan can
be difficult to interpret
5. Status of new area compared
to area determined after
settlement survey unknown.
6. Need to develop algorithms to
generate topology.
7. Need to develop clear
guidelines for map generation
and version control.
1.7 Full re-settlement survey. Rs 900 crore ++ 1. Substantial community 1. Needs to be managed
20 years ++ interaction – resolves disputes. carefully or could create social
2. Consolidates holdings, unrest.
updates mutations/phodi 2. Process has not been
3. Most accurate determination demonstrated in a form that can
of boundaries. be scaled-up.
3. Very high cost and long
timeframe – difficult to get
political support.
4. Needs substantial out-sourcing
to reduce cost/timeframe.

The options listed above are not mutually exclusive. Option 1.1 has to be
implemented, and needs careful management. Option 1.2 could be implemented as
an interim measure, with a strategy to move to another long-term strategy (say,
option 1.3 with an option to geo-reference). A partial re-settlement survey (option
1.7, with lower cost survey technology) may be necessary in areas where records
have been destroyed or where there is a significant level of disputation over land.
The recommended solution is the archiving of the tippan (option 1.1) and the
vectorising and updating of scanned village maps (option 1.3). These village maps
will not be geo-referenced, but given the difficulty experienced by MSDIP with data
that was supposed to be geo-referenced (see page 21) there would be considerable
added complexity in ensuring that any geo-referencing is reliable. The vectorised
and updated village maps will provide an appropriate digital map index to the
attribute information and the base tippan record.
Spatial Framework for Bangalore. With the lack of information in Bangalore and
given the current activity by BMP to generate new tax maps, there are limited options
– perhaps only two. The first is to adopt the best available information, the new BMP
tax maps. The second is to embark on a major program of ground/settlement
surveys. The relative advantages and disadvantages of the two options are set out in
the table below.

Draft (17 January 2005) – not for citation. 34


Table 3 - Strategic Options to Generate a Cadastral Framework in Bangalore.
Option Approx. Cost/ Advantages Disadvantages
Timeframe
1.11 Adopt the new BMP tax maps Minimal 1. Builds on recent spatial/ 1. Parcel boundaries to map
as the cadastral framework. Early to mid 2005 attribute data collection by BMP. accuracy (0.1-0.2 metres)
2. Spatial data is geo-referenced 2. BMP collecting information on
(based on 1/2,000 mapping) ‘taxpayers’ not owners.
3. Spatial data is in GIS form.
4. Direct link to BMP parcel IDs
and attributes.
5. BMP validation of data – both
initially and on-going.
6. All property mapped (including
informal settlements).
7. Low cost and quick.
1.12 Undertake a major program of Rs 50-200 crore 1. High accuracy. 1. Needs to be managed carefully
ground surveys. ~5-10 years 2. Substantial interaction with the or could create social unrest.
community 2. Process has not been
demonstrated in a form that can be
scaled-up.
3. Very high cost and long
timeframe – difficult to get political
support.
4. Needs substantial out-sourcing
to reduce cost/timeframe.

The choice here is pretty clear, although once again the options are not mutually
exclusive. A partial ground/settlement survey, perhaps with lower cost survey
technology, may be necessary in areas where the BMP data is deemed unreliable or
where there is a significant level of disputation over land.
Spatial Framework for Municipalities. With the lack of information in the major
urban centres outside of Bangalore and given the current activity by DMA to
generate new tax maps for the 57 major municipalities, there are again limited
options – perhaps only two. The first is to adopt the best available information, the
new DMA tax maps. The second is to embark on a major program of
ground/settlement surveys. The relative advantages and disadvantages of the two
options are set out in the table below.

Table 4 - Strategic Options to Generate a Cadastral Framework for the Municipalities.


Option Approx. Advantages Disadvantages
Cost/
Timeframe
1.21 Adopt the new DMA tax maps Minimal 1. Builds on recent spatial/ 1. Parcel boundaries not very
as the cadastral framework. Early to mid 2005 attribute data collection by DMA. accurate on maps – but no
2. Spatial data is geo-referenced gaps/overlaps and Form C shows
(but not to mapping standards, taped measurements and could be
although there is a strategy to considered a ‘tippan’
improve accuracy over time) 2. Need to convert CAD to GIS
3. Spatial data is in CAD form. format
4. Direct link to DMA parcel IDs 3. DMA collecting information on
and attributes. ‘taxpayers’ not owners.
5. DMA/municipality validation of 4. Initial DMA tax mapping only
data – both initially and on-going. covering 57 major urban centres
6. All property mapped (including (but DMA planning to extend
informal settlements). program).
7. Low cost and quick.

Draft (17 January 2005) – not for citation. 35


Option Approx. Advantages Disadvantages
Cost/
Timeframe
1.22 Undertake a major program of Rs 100-1,000 1. High accuracy. 1. Needs to be managed carefully
ground surveys. crore 2. Substantial interaction with the or could create social unrest.
20 years+ community 2. Process has not been
demonstrated in a form that can be
scaled-up.
3. Very high cost and long
timeframe – difficult to get political
support.
4. Needs substantial out-sourcing
to reduce cost/timeframe.

Again the choice here is pretty clear, although once again the options are not
mutually exclusive. A partial ground/settlement survey, perhaps with lower cost
survey technology, may be necessary in areas where the DMA data is deemed
unreliable or where there is a significant level of disputation over land. DMA is
planning to update the spatial data with new mapping and ground survey on a
priority basis.
Spatial Framework for Gram Panchayat. There is not a clear strategy to address
the requirements for Gram Panchayat. There are several approaches that could be
adopted. There are indications that some Gram Panchayat are prepared to invest in
better tax maps and tax rolls. Some of the possible approaches, and their relative
advantages and disadvantages are listed below in Table 5. The approach adopted in
a particular Gram Panchayat will depend on the situation and circumstances in that
village. More investigation is required to refine the various approaches and to assess
their relative importance in expanding cadastral maps to the Gram Panchayat. The
experience and approach adopted in Gulbarga District has merit, although the
experience in Tumkur would indicate that the private sector can do the work
significantly cheaper and faster.

Table 5 - Strategic Options to Generate a Cadastral Framework for the Gram Panchayat.
Option Approx. Cost/ Advantages Disadvantages
Timeframe
1.31 Adopt a modified DMA Will involve similar 1. Builds on procedures 1. Needs some basic map
approach (where town planning cost to DMA developed and refined by DMA information. This may not be
maps or equivalent base maps are program available in all Gram Panchayats.
available). Application will
probably involve
piloting
1.32 Build spatial framework based Will require 1. Direct link and basis with 1. Records may not be available
on Settlement Surveys, plus data investigation/piloting settlement records and approved as much development has not
from alienation (conversion) and development been approved
sub-division/layout approvals.
1.33 Implement a program of self- Will require 1. Quick and low cost 1. Will only provide provisional
assessment/declaration by property investigation/piloting 2. Based on reality on the information – some additional
holders, linked to Settlement ground work will be required to verify self-
Survey records 3. Process has precedent in assessment
BMP
4. Base data can be used by
Panchayat for tax purposes
1.34 Scale-up the local data Government 1. Quick, realistic output 1. Regularisation can delay the
capture experience from Gulbarga ~Rs 2.5 lakh/GP 2. Base data can be used by activity.
and Tumkur ~ 2 months/GP Panchayat for tax purposes 2. Some GPs lack resources to
3. Can be used for regularisation assist.
Private of construction.
~0.2 lakh/GP
~2 weeks/GP

Draft (17 January 2005) – not for citation. 36


In addition to the strategic options listed above for the four sub-components, steps
need to be taken to ensure that the spatial framework is maintained. These steps
include streamlining the phodi process, clearing the backlog of phodi requests and
ensuring that in future phodis are undertaken in a timely manner. The private sector
will be important in this task. The registration process should also insist on phodi
prior to registration.

2.5.2 Extension of Bhoomi


To facilitate to evolution of Bhoomi into a system that records secure rights in land,
Bhoomi should be re-engineered to group data, with a concentration on data types
that are directly related to rights in property (see the discussion on page 49). Bhoomi
should also be modified to establish a closer link to the spatial framework.
The urban property information being collected by BMP in Bangalore and DMA for
the 57 major urban centres outside of Bangalore is being collected to support
property tax assessment. These datasets include a lot of information that supports
the determination of tax payable (for example building areas and types), but is not
directly related to a record of rights in property. The system to record rights in land
will also have difficulty in keeping this information up-to-date. In any case, the state
is unlikely to guarantee data such as building areas and types at any time in the
future. The BMP and DMA data will provide good data to support the extension of
Bhoomi into urban areas, however only data items that are directly related to rights in
property should be input (with the ability to record apartment area and dimensions as
well, or instead of parcel areas). The system should have a direct link to the
BMP/DMA property identifier.
A number of issues will need to be addressed in integrating the BMP and DMA data
into an ‘urban’ Bhoomi, including:
• the BMP/DMA attribute data will need a spatial framework and the BMP/DMA
spatial data should be transferred with the aspatial data and integrated into an
‘urban’ Bhoomi (as vectors, not raster images);
• although the processes being adopted by BMP and DMA provide
mechanisms for the correction of the BMP/DMA databases by property
holders, once the data is transferred into an ‘urban’ Bhoomi it would seem
prudent that property holders be given a copy of the record and be given the
opportunity to correct the record;
• there will probably need to be a mechanism to ensure that public land is
protected as ‘urban’ Bhoomi is generated from the BMP/DMA data. This
protection is likely to involve a review of existing documents, including the
Revenue Department alienation records, and consultations with various
concerned agencies prior to the input of the data and public consultations.
The BMP/DMA map data will greatly aid in this task;
• the BMP and DMA databases will include information on groups of residents
that may not qualify as ‘owners’ under the current legislation. These groups
will include informal settlers. Policies will need to be developed to address the
status of these groups. However it would be best that this data be included in

Draft (17 January 2005) – not for citation. 37


the ‘urban’ Bhoomi, with clear indication of tenure status, as the information
will be essential in implementing any policy decisions.33
• the status of the information in ‘urban’ Bhoomi. It would be best if the
information could be regarded as the property card or record of rights in
accordance with the Land Revenue Act Rules. However, this will be
dependent on whether the mapping and data collection process by BMP and
DMA can be regarded as a survey for the purposes of the Land Revenue Act
and Rules – (see analysis set out in Annex 4, page 80).
An ‘urban’ Bhoomi could be developed quickly using the BMP and DMA data. The
coverage of the system can then be widened as DMA extends the coverage of the
new municipality tax mapping and tax rolls beyond the initial 57 urban centres and as
data is generated from the activities with the Gram Panchayat.
Given the reliance on the BMP and DMA databases and given the early stage of the
implementation of these two projects, it will be important that close contact be
established between Bhoomi and both BMP and DMA. It will be essential that steps
are taken to ensure that:
• the contractors gathering the data will collect any information on Revenue
Department survey number and or City Survey Number in addition to the BMP
Khata number and street address;
• information on tenure status is gathered by BMP and DMA;
• there are processes to protect public land and to clearly mark public land on
the tax maps;
• the project progress is closely monitored and reported.
It is suggested that the progress of the BMP and DMA tax mapping projects be
monitored monthly by Bhoomi project staff.

2.5.3 Certainty in Rights in Land


The lack of certainty of rights in the present systems has been the subject of much
consideration and discussion. For example, in the first report of the Karnataka Tax
Reform Commission the advantages of title registration were discussed. It was said
that “This eliminates the need for costly, repeated and imperfect retrospective title
investigation, removes the possibility of errors in title and frauds and gives State-
guaranteed security. Title would then depend on the act of registration and not
documents or judicial orders. Such a system requires securely kept, reliable and
updated records. This would enormously reduce charges for lending against the
security of land, increase the supply of capital for development and eliminate
protracted litigation. Given the present chaotic condition of land records in the
country today, however, there is little scope for early changeover to such a
mechanism”.
That report was made in 2001 and since then improvements have been made in land
records through computerisation and the issue is worth further consideration. As title
registration systems are parcel based and dependent on a comprehensive mapping

33
One option may to be issue temporary occupation licenses or leases. The BMP/DMA data should
provide the information necessary to issue these documents.

Draft (17 January 2005) – not for citation. 38


coverage, the issue must be addressed in conjunction with the options for
improvement of the spatial framework. It would also be best implemented as a follow
on from the extension of Bhoomi to the urban areas. It would also have the
advantage of creating a single unified system, rather than the dual Registration Act/
Land Revenue Act systems in place now.
In the approach to developing a title registration system there are two basic options.
The first is to embark on a major revision settlement program in order to obtain the
land ownership information to establish the system. The second is to establish the
system using the best available information from existing records, including the
Bhoomi, KAVERI and the property tax Khata records which are presently being
upgraded, to create provisional titles as an interim step towards fully fledged
registered titles. The relative advantages and disadvantages of the options are set
out in the Table below.

Table 6 - Strategic Options to Develop a Title Registration System.


Approx. Cost/
Option Advantages Disadvantages
Timeframe
3.1 Undertake a major Rs 1,000 crore + 1. High accuracy. 1. Needs to be managed carefully
revision settlement program 20 years+ 2. Substantial interaction with or could create social unrest.
the community. 2. Urban process has not been
3. Consolidates holdings, demonstrated in a form that can
updates mutations/phodi be scaled-up.
3. Very high cost and long
timeframe – difficult to get
political support.
4. Needs substantial out-sourcing
to reduce cost/timeframe.
3.2 Make use of best Low cost (subject to 1. Builds on recent spatial/ 1. Retrospective investigation of
available information agreement with BMP & DMA attribute data collection by title still necessary while title
on use of data). BMP and DMA and attribute provisional.
Timing dependent on: data in Bhoomi. 2. Parcel boundaries not very
• Development of spatial 2. Direct link to BMP and accurate – but no gaps/overlaps
framework; DMA parcel IDs and 3. DMA and BMP collecting
• Extension of Bhoomi to attributes. information on ‘taxpayers’ not
urban areas; 3. BMP and DMA validation owners.
• Introduction of of data – both initially and on- 4. Initial DMA tax mapping only
supporting legislation going. covering 57 major urban centres
4. All property mapped (but DMA planning to extend
(including informal program).
settlements).
5. Low cost and quick.

Irrespective of which option is chosen, it will be necessary to introduce new


legislation to support the system and progressively withdraw the current system.

Draft (17 January 2005) – not for citation. 39


Explanatory Note on Provisional Titles
The system of registration of title is one that has been adopted in various shapes and forms in many
countries around the world. However it is not an easy task to move from a system where title to land is
unclear or requires extensive verification to ensure validity to one where tile is conclusive and carries a
State guarantee. To convert such titles may require such extensive survey and legal investigation that a
large scale program would be beyond the budgetary and human resource capacity of Governments.
One option is to convert a title on the application of an owner who is prepared to pay the costs involved,
but this inevitably means that conversion will take many years and may never be completed. Given the
benefits to the Government and the public of having a single comprehensive land registration system,
many Governments have taken steps to speed up the process.
One alternative that has been adopted by a number of countries in more recent times is to move
progressively towards title registration through a system of establishing provisional or qualified titles.
Under this system land will be brought into the title registration system with limited investigation and a
provisional title will be issued. The title is much the same as a fully fledged title under a title registration
system except that it is not conclusive and would be subject to any interests existing in the land which
may not be disclosed in the title. Thus a search behind the title to preceding transactions is still
necessary. However, the advantage of this approach is that the land can be dealt with using the same
forms and procedures as land in a fully fledged title. Although the land may be subject to any interests
created before the issue of the title and not noted thereon, from the point in time when the title is issued
any future transaction with the land must be recorded on the title to be a valid legal interest.
Furthermore, with the effluxion of time, or with the earlier presentation of further evidence, the title can
mature into a conclusive title. In the meantime any person having an interest in the land which existed
prior to the issue of the title and which is not recorded on the title can come forward and have that
interest noted on the title. Thus, it is desirable that maximum publicity be given to the provisional title
issue process.
The usual period of time necessary for a title to be released from its provisional status is the period
equivalent to the period under the Limitations Act whereby a title based on adverse possession can be
obtained. In India, as in a number of other countries this is 12 years. This period can be shortened
where an owner can provide satisfactory proof of good title.

Accuracy of Parcel Boundaries


One matter which may not necessarily be included in the law but which should be determined as a
matter of policy relates to boundaries. Although boundaries located with high precision may be an
advantage to a title registration system they are not essential. In some cases, particularly in developing
countries, the surveying and mapping has been undertaken with cheap cost effective methods, rather
than expensive high precision methods in order to save time and money. This approach is not confined
to developing countries. In England, which operates on a title registration system, many of the title
boundaries have not been measured but are what is known as “general boundaries”. These boundaries
are defined by the existing buildings, walls, fences and hedges, rather than by fixed measurement. After
all, title registration systems may sometimes (but not always) guarantee title but they do not generally
guarantee boundaries. The maps and plans proposed to be used in the system in Karnataka will all be
based on measured boundaries – the tippan in rural areas and the taped boundaries for the tax maps
for the Municipalities and Bangalore. These measurements have been used to produce the village maps
in rural areas and the tax maps in urban areas. These maps have the status of indices to the field
measurements. The maps do not have legal status but will correctly show the relationship of the land to
adjoining parcels and show other features such as roads and public land. It is considered that the survey
and measurement records are suitable for initial title issue under the title registration system and there
are plans to progressively upgrade many of these maps in the future. Furthermore if any owner wishes
to have their land parcel boundaries located more precisely they may pay the cost of a re-survey.

Draft (17 January 2005) – not for citation. 40


2.5.4 Institutional Arrangements
The current organisational structure of the agencies administering land records is
shown in Figure 4. Addressing the issue of fragmented land record systems and
multiple agencies referred to in paragraph 2.4.8 requires administrative and
organisational reform if major improvements in efficiency and service delivery are to
be made. Such a step would be necessary, in any event, if the existing system were
to be replaced by title registration.

Figure 4 - Existing Organisation Chart of Land Administration Agencies.

Minister of Revenue

Revenue Secretary Revenue Secretary

Deputy Inspector General of Director of Survey, Commissioner of


Commissioners Registration and Settlement and Religious and
(Collectors) Stamps Land Records Charitable
(4) Endowments

Assistant Deputy Assistant Joint Director Principal Survey and


Commissioners Inspector General of Inspector General of Joint Director Land Records Settlement
(Magistrates) Registration Registration Technical (4) Training Institute
(51) (2) (2)

Tahsildars District District Registrar Deputy Director


(Taluk) Registrar of Under-Valuation Land Records
(177) (27) (4) (District)
(27)

Revenue Inspector Sub-Registries Assistant Director


(Hobli) (Taluk and Cities) Land Records
(~3,000) (199) (51)

Supervisor
Village Accountant Land Records
(~9,000) (Taluk)
(177)

These major improvements would best be achieved by a merger of the existing land
recording, registration and survey and mapping functions under the Registration Act,
1908 and Land Revenue Act, 1964 into a single agency focussed on land
administration.
The establishment of such an agency would provide;
• Savings in operating costs.
• More efficient processes.
• Better service delivery.
• Sharper focus on land administration.
The restructure should not require any supporting legislation. The main operating
Acts viz. the Land Revenue Act 1964, the Stamps Act, 1957 and the Registration
Act, 1908 would not appear to require amendment. The change could take place
upon Government approval and possibly some Rule amendments or new Rules.

Draft (17 January 2005) – not for citation. 41


There have already been moves to amalgamate some functions. The KARC in 2001
recommended that “At the field level, the Department of Survey Settlement needs to
be merged with the Revenue Department and work under the overall supervisory
and administrative control of the Deputy Commissioner”. As a result of this
recommendation the Ministry of Revenue has recently taken the decision to bring all
the survey maintenance functions of SSLRD under direct control of the Tahsildar and
the overall control of the Deputy Commissioner within Revenue Department, thereby
abolishing most of the senior positions in SSLRD and leaving only a small unit for
creation of new surveys.

2.6 Long Term Vision for Karnataka


Based on the perceived problems in the existing system, the future needs of the
State and on recent international trends, the following long-term vision for Karnataka
is suggested:
A single, unified, comprehensive, cost-effective and up-to-date
system to record rights in land that ensures security of title to
landowners and provides land parcel information to Government and
private users.
An illustration of this vision is set out in Figure 5, which is contrasted with the current
situation set out in Figure 1. Central to this new data flow is a single title registration
system that includes conclusive information on rights in land and the spatial extent of
these rights. This information is updated directly in response to requests for
registration of dealings in rights. The information is available for the general market,
including owners, prospective purchases, providers of credit, investors etc and is
provided to Corporations, Municipalities and Panchayat as the basis for their tax
Khata.

Figure 5 – Illustration of Long-Term Vision in Karnataka

Owners
Purchasers
Banks
Agencies

Title
Registration
System
(Maps – Titles)

Corporations
Municipalities
Panchayat

Draft (17 January 2005) – not for citation. 42


To achieve this vision, four objectives must be realised. These are:
• Objective 1. A strong spatial framework for land records in both rural and urban
areas.
• Objective 2. A comprehensive spatial information system on rights in land, based
on Bhoomi, extended to cover urban and non-agriculture land.
• Objective 3. Certainty in Rights in Land.
• Objective 4. Single land administration agency.
These objectives are illustrated below in Figure 6.

Figure 6 - Key Objectives.

Current Situation Vision

Main Issues: Main Objectives:

1. Land position is unclear 1. Spatial framework for land


records established and
maintained

2. Computerised land records 2. Comprehensive spatial land


only available for agriculture, information system, based on
and data is non-spatial Bhoomi, covering urban and
non-agriculture land

3. Rights are not conclusive 3. Clear title to land,


guaranteed by the State

4. There are multiple agencies 4. Single land administration


and systems agency

A long-term strategy to achieve this vision and these objectives is summarised in


Table 7.
Moving from a system of registration of deeds to a system of registration of title with
state guarantee was a core element of the long-term aspirations for the land
administration system raised by Sri Rajeev Chawla and his team in discussions
during the study. The move to a state guaranteed title registration was re-affirmed
during the workshop with key stakeholders on 6 September. This objective has been
built into the long-term strategy and forms part of the short-term action plan. There
has been considerable discussion in India on this topic. Professor Wadhwa’s 1989
report makes the clear recommendation that a system of registered title with state
guarantee should be implemented.
Introducing a title registration system will involve significant new legislation. Prior to
drafting this new legislation considerable discussion will be required by key
stakeholders to reach consensus on the policy and principles for title registration. A
key element in this discussion will be the mechanisms and arrangements for
providing state guarantee. The requirement for new legislation introduces an element
of risk in the proposed activity, with the possibility of delays should there be more

Draft (17 January 2005) – not for citation. 43


difficulty than anticipated in getting the new legislation enacted. However it should be
noted that the Vision and objectives can still largely be achieved without introducing
a title registration system. By improving the spatial framework for the land records,
modifying Bhoomi to incorporate spatial data, extending Bhoomi to include urban
and non-agriculture land, introducing Bhoomi into the registration process and
undertaking institutional reform – all actions that can be undertaken without
significant legislative change – Karnataka will have a significantly improved deeds
registration system. To realise the benefits of this, at a minimum, work will be
required to re-engineer processes and integrate Bhoomi and KAVERI.

Table 7 – Long-Term Strategy in Karnataka.


Objective Strategy
Short-Term Medium-Term Long-Term
1. Strong spatial framework 1.1 Archive the tippan 1.6 Program on a priority 1.9 Completion of hissa
for land records in both rural records basis to upgrade the spatial program.
and urban areas. framework with
1.2 Reach agreement with photogrammetric mapping
TPD, BMP and DMA on and ground survey.
access to base mapping and
tax maps/attributes. 1.7 Program to improve the
geo-reference of the
1.3 Prepare functional cadastral data.
specifications and design to
modify Bhoomi to accept 1.8 Scaling up of hissa
spatial data: program.
• Vector village maps
• BMP/DMA tax maps
1.4 Transfer/validate/input
village maps, BMP and DMA
tax mapping in a form
suitable for the re-engineered
Bhoomi.

1.5 Ensure phodi before


registration, streamline the
phodi process, ensure
successful involvement by a
strong private survey sector
and develop and implement a
hissa program to address
phodi backlog.

Draft (17 January 2005) – not for citation. 44


Objective Strategy
Short-Term Medium-Term Long-Term
2: A comprehensive spatial 2.1 Study into the current 2.7 Maintain Bhoomi with link 2.8 Maintain Bhoomi with link
information system on rights and future user needs of the to KAVERI in non-title areas. to KAVERI in non-title areas.
in land, based on Bhoomi, RTC and where agriculture
extended to cover urban and data is best captured and
non-agriculture land. maintained.

2.2 Re-engineer Bhoomi


(categorising data types) and
incorporate spatial data.

2.3 Input appropriate fields


from BMP/DMA data.

2.4 Validate data (KAVERI,


publicise, put information on
the web, verification extract
to each property holder)

2.5 Deploy Bhoomi in kiosks


in Sub-Registries and on the
internet, and use Bhoomi in
the Sub-Registries as an aid
to registration.

2.6 Maintain Bhoomi with link


to KAVERI.
3. Certainty in Rights in 3.1 Develop policy and 3.7 Scaling up of program to 3.10 Comprehensive
Land. principles for a registration of issue titles. database of all land in
title system. Karnataka.
3.8 Progressive conversion of
3.2 Prepare functional provisional titles to full title.
specifications and design to
formulate a registration of 3.9 Inclusion of all
title system (including private Government, State and public
and public land). lands in the system

3.3 Draft and obtain


enactment of appropriate
legislation.

3.4 Establish the title


registration system using
Bhoomi property data.

3.5 Functional reorganisation


and staff training.

3.6 Piloting of incremental


program to issue titles with
public notice and replace
existing systems.

4. Single land administration 4.1 Review of functions in 4.5 Program to complete


agency. land administration agencies implementation of strategy.
(Revenue, SSLRD, IGSR)

4.2 Prepare detailed


integration strategy, including
funding and finance
requirements.

4.3 Prepare rules and


regulations to support new
institution.

4.4 Progressive
implementation of strategy.

Draft (17 January 2005) – not for citation. 45


2.7 Five Year Plan for Karnataka
The logic for the action plan for the short-term is set out in Figure 7. Details for the
short-term action plan set out in Table 7 are set out below and a ‘ball-park’ estimate
of costs is set out in Table 8 starting on page 57. The time-based schedule of this
activity is set out in Figure 12 starting on page 55.

Figure 7 – Overview of Key Short-Term Strategies.


Scan tippan, digitise
Simplify phodi, private
Program Start village maps, format
surveyors, hissa
BMP/DMA maps

Re-engineer Bhoomi, Deploy Bhoomi in Complete


add spatial capability, non-title areas, short-term
add urban/non agric. maintain link to regist. program

Policy/Principles,
Incremental program
functional spec., law,
to issue titles
establish titles

Review of functions, integration strategy,


progressive implementation of strategy

2.7.1 Objective 1: Strong spatial framework for land records in both rural and
urban areas.

Figure 8 – Activity to Establish a Spatial Framework for Land Records.

Scan &
archive
Tippans

Digitise village Update for Initial rural


maps hissa/phodi spatial
data

Format/ Urban
validate BMP/ spatial
DMA maps data
Good
Start spatial
Simplify phodi framework
process

Strengthen Efficient
private phodi
surveyors

Pilot hissa to Scale-up hissa Spatial


optimise activity data
process updated

Draft (17 January 2005) – not for citation. 46


1.1 Archive the tippan records. GOI has provided funds to scan the tippan record.
The Secretary E-Governance has offered Bhoomi funding for the scanning of tippan
records. This program should be implemented quickly, but carefully. Scanning
should be in colour to facilitate the interpretation of the scanned images. All tippan
records should be scanned, including any hissa or phodi tippans, but there is little
value in scanning the pakka or prapthi records. Due to the critical nature of this
activity, the activity should be managed with appropriate project management
protocols and with regular oversight by senior management.
1.2 Reach agreement with TPD, BMP and DMA on access to base mapping and
tax maps/attributes. New data that is being produced by the Town Planning
Department, Bangalore Mahanagara Palike and the Municipal Administration
Department are essential to the extension of Bhoomi to urban areas. The Revenue
Department should confirm with these agencies the availability of the data and any
conditions attached to the availability of the data. This agreement should be
recorded in a formal document.
1.3 Prepare functional specifications and design to modify Bhoomi to accept
spatial data (raster village maps and BMP/DMA tax maps). Bhoomi currently
operates purely as an alphanumeric database. The system has explicit reference to
the survey numbers but the map information is not available to the users or
operators of the Bhoomi system. A relatively cheap option to provide access in
Bhoomi to the map data for the RTCs would be to use the raster scanned village
maps being produced by KSRSAC. One option of implementing this is to input each
raster image of a scanned village map as a backdrop in a CAD or GIS system,
generate parcel centroids by digitising parcel labels, and attach parcel IDs to the
labels. Bhoomi software would then need to be modified to manage the process of
accessing the correct village map, provide the ability to centre and zoom around a
particular centroid and then provide a mechanism to display, print or extract a portion
of the raster image of the village map. There are two main difficulties with this
approach. First, it is difficult to update the raster images of the village maps – the
hard copy of the maps would have to be updated, the map rescanned and the
database of scanned village maps updated. This difficulty can be addressed by using
the maps as noting maps, adding a reference to a parcel on the scanned map to
indicate that there is a change in the parcel pattern. Second, the village maps
themselves are not updated. This difficulty could be addressed by searching the
phodi records and either, redrawing and rescanning the village map, or by adding
notation to the scanned village map to indicate that phodi records exist.
In the medium term it would be best to convert the settlement survey data to vector
format. Although this process would involve both time and cost, it will generate data
in a form that can be readily updated to reflect changes in the land parcel pattern
(through phodi) and it would enable more flexible spatial search and reporting
capability. Of the options listed in Table 2 (see page 33), the most accurate and cost-
effective option is option 1.3.
The BMP and DMA data will be in vector form – the BMP data in GIS format and the
DMA data converted from CAD to GIS format.
Bhoomi will need to be modified to accept GIS data (ultimately from the vectorised,
mosaiced village data, the BMP data and the converted DMA data) and provide
simple functionality to search, display and report by parcel identifiers to queries
formulated in both the spatial and aspatial databases. The display and report option

Draft (17 January 2005) – not for citation. 47


will also need provide zoom capability. These functions are standard GIS capabilities
and there are a range of software options available.
A contractor with GIS expertise should be hired to assist in the task of specifying,
designing and implementing the spatial functionality in Bhoomi. There should be a
strong preference for off-the-shelf rather than bespoke software solutions.
1.4 Transfer/validate/input village maps, BMP and DMA tax mapping in a form
suitable for the re-engineered Bhoomi. As part of the transfer/validation of the
data, the DMA data should be converted to GIS format. This will necessitate the
polygonisation of the vector data. Off-the-shelf software is available for this task.
The spatial data will have to be validated when it is entered into Bhoomi to identify
gaps and overlaps in the aspatial data. This task will also validate the existing RTC
aspatial data as well as the aspatial data from BMP and DMA.
1.5 Ensure phodi before registration, streamline the phodi process, ensure
successful involvement by a strong private survey sector and develop and
implement a hissa program to address phodi backlog. In establishing a system
to conclusively record rights in land, it is essential that the spatial records and the
record of rights in land are aligned. To do this any phodi (subdivision) survey must
be undertaken prior to registration of rights.
Steps will be required to ensure that this requirement does not impact on the
mutation process. First, the phodi process should be reviewed, looking particularly
at the accessibility of the process to the public, and the approval processes.
Second, given the limited resources in government, having a strong private sector
will also be important. The problems with the High Court Writ should be addressed
as a matter of urgency. The process of access to records by private surveyors
should be reviewed, with consideration given to making copies of the records
available at no or minimal cost. A program of on-going training and development
would also help build a strong private sector. Lifting the fees charged by SSLRD for
phodi surveys to a level that at least recovers the cost of providing the service would
also assist in removing the distortion in the differential cost of phodi services by
SSLRD and private surveyors. Third, it is clear that a large program is required to
clear the backlog of requests for phodi, including the requests being held by the
Tahsildars as well as picking up informal phodi. This systematic program would be
along the lines of the hissa program that updated the settlement surveys between
1930 and 1950. This program should be conducted on a systematic manner, with
priority given to areas of significant development (which are likely to be indicated by
phodi backlog). The program is likely to involve substantial work over a number of
years (at least 1 million surveys). Given the size of the task and the need to
strengthen the private sector, it seems logical that a substantial part of this program
be undertaken by private surveyors under the supervision of SSLRD. Initial pilot
activity will be essential to develop and field test cost-effective and efficient
techniques that can be scaled up. A range of technical options for survey should be
tested, including:
• the preparation of individual tippans based on tape surveys (Madras method)
or a continuation of the Cross-Staff and the agreement of adjoining land
owners (likely to be cost effective for isolated surveys in areas where there is
no control)

Draft (17 January 2005) – not for citation. 48


• optical square surveys from control traverses (an improved method in areas
where there is control);
• the use of differentially rectified photomaps (a low cost method useful in rural
areas where there is a lot of survey work required in a locality);
• the use of hand-held differential GPS instruments (likely to be useful in rural
areas when instruments and trained personnel are available).
The hissa activity will need to be scaled-up in a flexible manner. In areas where
isolated surveys are needed the methodology will be very similar to the phodi
process. However where extensive survey is required the process may involve a re-
survey.

2.7.2 Objective 2: A comprehensive spatial information system.

Figure 9 – Activity to Establish a Comprehensive Spatial Information System for Land


Records.

User needs
study
Add spatial
data
Identify core Re-engineer Validation of
Start property data Bhoomi data
software
Add Attribute
data
Add spatial Deploy in Sub-
capability to Registries, on
Bhoomi internet

Compreh.
land
information

2.1 Study into the current and future user needs of the RTC and where
agriculture data is best captured and maintained. As noted previously, Bhoomi is
a computerisation of the traditional RTC system. It contains data on aspects such as
soil, irrigation, crops etc. that were appropriate when land revenue from agriculture
land was far more important that it is now in Karnataka. Various other systems that
provide services to farmers have evolved on the basis that RTC data is available.
These systems include the provision of credit to farmers and crop insurance.
Legislation is also based on the availability of RTC data. For example, the ceiling on
holdings under the Land Reform Act is stipulated in terms of the type of irrigation
available to the land and hence the productivity of the land. A study should be
undertaken into the current and future requirements of existing and future users of
data on agricultural land and where this data might best be collected and maintained.
2.2 Re-engineer Bhoomi (categorising data types) and incorporate spatial data.
Regardless of the outcome of the study on the current and future needs of the RTC,
the data in Bhoomi can be categorised into three groups:
1. Data that relates directly to rights in land that the state might be prepared to
guarantee at some time in future, including:

Draft (17 January 2005) – not for citation. 49


• Parcel identity (but not specified parcel area or dimensions) with a direct
link to the spatial framework;
• Owner; and
• Individuals or entities with a registered right in the property (providers of
secured credit, individuals or entities with a charge or lien on the property
etc.).
2. Data that relates directly to rights in land, but items that the state is not
prepared to guarantee (now or in the future):
• Parcel area and dimensions.
3. All other items of data which Bhoomi can effectively and efficiently collect and
maintain and which are deemed necessary to support government policy and
current and future users.
To facilitate the evolution of Bhoomi to a system that records secure rights in land,
Bhoomi should be re-engineered to group data on this basis with a concentration on
data types that are directly related to rights in property.
Another modification that will be essential to the long-term development of Bhoomi
will be establishing a closer link to the spatial framework. This link initially might best
and most cost-effectively be implemented in agricultural areas by providing the ability
to display raster images of properties in Bhoomi and perhaps KAVERI.
2.3 Input appropriate attribute fields from BMP/DMA data. Only data fields from
the BMP and DMA databases that are directly related to property, and the BMP/DMA
identifiers should be input into the modified Bhoomi (this will probably be restricted to
the nominated owner’s names, tenure status, and the approximate area and
dimensions. Associated information that would be useful in an urban Bhoomi would
be the khata identifier, occupier’s names, street address, and building area). The
data will be linked to the BMP/DMA spatial data. Prior to being input, it should be
verified that no public land is being claimed by a BMP/municipality tax payer. All data
records should be input into Bhoomi, including records for groups not formally
classified as ‘owners’. As a result the modified Bhoomi should include a field
recording tenure status. Where BMP/DMA data shows a parcel as having multiple
land owners it will be necessary to confirm the relationship under which these
persons hold such land. As the urban Bhoomi will be generated from the BMP and
DMA databases there will be an initial one-to-one relationship between these
systems as Bhoomi.
Going forward it would assist all parties if this relationship could be maintained. One
way to do this would be to have a central database at state or local level. This is an
idea being considered by the Secretary of e-Governance. To be successful, this
approach will need the cooperation of all parties and will need to demonstrate that
the data can be distributed efficiently to the local offices through a state wide-area-
network (WAN) at state level, or a metropolitan-area-network at a local level. If this is
not possible then other options, such as daily replication of databases can be
explored.
2.4 Validate data (with KAVERI, publicity campaigns, put information on the
web, provide verification extract to each property holder). Although the
processes being adopted by BMP and DMA provide mechanisms for the correction

Draft (17 January 2005) – not for citation. 50


of the BMP/DMA databases by property holders, once the data is transferred into an
‘urban’ Bhoomi it would seem prudent that property holders be given a copy of the
record and be given the opportunity to correct the record. This step would need to be
preceded by a publicity campaign to inform the public of the developments taking
place. In addition, an encumbrance search should be made against KAVERI not only
to validate ownership, but also to identify any other interests affecting the land.
2.5 Deploy Bhoomi in kiosks in Sub-Registries and on the internet, and use
Bhoomi in the Sub-Registries as an aid to registration. The Inspector General of
Registration is currently considering amending registration procedures to require
proof of title prior to registration. Bhoomi would be very useful in this regard.
Consequently, Bhoomi should be made available to the Sub-Registrars. It should
also be made available to the general public through the kiosks in Sub-Registries.
There is an established clientele for the rural Bhoomi. There is no established
clientele for an ‘urban’ Bhoomi and one will have to be developed. The logical initial
focus for the ‘urban’ Bhoomi is the network of Sub-Registries. Kiosks providing
access to spatial data for customers of the Sub-Registry and the public generally can
relatively easily be provided and will enable a check on property rights prior to
registration. A second step could be the integration of the spatial data into the
registration process. The final step would be to provide remote access to the spatial
and aspatial data to key players in the real estate market such as banks, housing
finance companies, lawyers, real estate agents etc.
2.6 Maintain Bhoomi with link to KAVERI. Having made the investment in the
establishment of the extended database for Bhoomi it is essential that the database
be kept up to date. The database for agricultural land is currently maintained through
advice from KAVERI of registered transactions, together with mutation requests
lodged with Bhoomi. KAVERI should be set up to also forward to Bhoomi advice on
registered transactions with urban and non-agricultural land.

2.7.3 Objective 3: Certainty in Rights in Land.

Figure 10 – Activity to Establish Certainty in Rights.

Develop & Prepare Establish title


Start agree policy functional system using
and principles specifications Bhoomi data

Draft and Piloting of


enact incremental
legislation titling

Functional re- Scale-up titling Certainty


organisation, activity (by in rights
staff training area)

3.1 Develop policy and principles for a registration of title system. This is the
first step in creating a title registration system. Title registration systems will vary
from one country to the next but this is generally a variation in detail. All title
registrations systems follow the same basic principle viz. a transaction with land
obtains its validity from the act of registration by the State. Without registration the
transaction will not be recognised by the law as creating a legal interest in the land.
Once registered the right in land is shown on the certificate of title and the holder of

Draft (17 January 2005) – not for citation. 51


that right may (with some exceptions) be regarded as holding that land free from any
other rights other than those recorded on the title. This is known as conclusiveness
or indefeasibility and must be enshrined in the law. However, beyond this basic
principle, decisions must be made on a range of issues relating to the manner in
which a title registration system should operate which must also be embodied in the
law. These include matters such as:
a) the extent of indefeasibility and what exceptions there should be to the
general principle;
b) the extent of the State guarantee. One of the principles of the Torrens system
of title registration was that the titles would be certified by the State and if
anyone suffered a loss through error or the operation of the system they
should be compensated out of a fund established for that purpose.
Nevertheless there are title registration systems that operate successfully
without a compensation fund, nearby examples being Thailand and Malaysia.
Where a fund does exist it is usually built up and maintained by a small levy
on the dealings that are presented for registration. In the early days of these
funds they were defended vigorously against all claims. Nowadays many
registries use the fund to enable them to operate on a business risk basis.
In most title registration systems the State guarantee does not extend to a
guarantee of the area and boundary measurements of a parcel.
In the case of India all recommendations for the introduction of title
registration have been for a system supported by a State guarantee and an
indemnity fund. Consequently, given these expectations, an Assurance fund
has been included in this proposal but the matter is one that could be the
subject of further study.
c) the use of provisional titles. This has been recommended as an expedient
way to quickly establish the system. It will be necessary to determine the
policy for dealing with rights in land which were not recorded on the title at the
time of issue but are later brought to notice and also the situations in which a
provisional title may mature into a full title. Also, while the use of provisional
titles has been recommended, there could be situations where a full title may
be issued in the first instance, such as where the land was acquired by a
development authority under compulsory acquisition and is now being sold. In
that case it would be a clear title without the possibility of subsisting interests.
d) the machinery for handling disputes arising from the issue of titles.
e) what land will be the subject of the system. Ideally, the system should be
capable of including not only privately owned land, but also all Government
land so that the system is a complete record of all land in the State.
The development of this policy and principles should be undertaken in consultation
with stakeholders and interested parties.
3.2 Prepare functional specifications and design to formulate a registration of
title system (including private and public land). Having determined the basic
policy and principles, the registration processes must be designed. The basis of title
registration is a parcel based record known as a title which contains:
a) a description of the land (normally by reference to a lot in a plan).

Draft (17 January 2005) – not for citation. 52


b) the details of the owners of the land.
c) details of any encumbrances that affect the land (easements mortgages,
leases etc.)
The record is generally referred to as the land register. This record may be kept on
either paper or computer, although the trend is to keep it on computer. A paper copy
of the record, known as a certificate of title is issued to the owner. Also kept in the
system are the documents of transactions which have taken place with the land and
been registered. These may be kept in paper or image form although the trend is to
scan them and store the images on disk.
As a result of a titling program, sometimes called first registration, (including a
program to convert lands from deeds registration to title registration) parcel records
are created and titles issued. From that point on any transaction with the land must
be registered to be effective. Transactions are registered by presenting to a title
registry for registration a signed and witnessed document evidencing the transaction.
The documents are normally required to be in simple panel forms – easy to check
and collect data from. The document would be numbered and then checked by
registry officers to ensure that it was a valid transaction and, if in order, would be
registered by updating the parcel record (similar to a mutation under the Land
Revenue system).
In a manual system the certificate of title would be updated by a notification recorded
on it, while in a computer system a new certificate of title would be printed from the
updated database.
Persons interested in the land may obtain a copy of the current title record. They
may also obtain a copy of any registered transaction document and any plan. In the
case of a subdivision of a land parcel the plan of subdivision must be lodged with the
registry for registration after which new parcel records will be created for the parcels
in the plan. New certificates of title will be issued and any transaction with the land
may then be registered. The plan would be scanned and an image held.
Decisions must be made on the extent to which these registration processes will be
automated and the automated operating procedures must then be specified and the
appropriate software developed. Forms would be designed at this stage.
3.3 Draft and obtain enactment of appropriate legislation. Having developed
both the basic principles and the operating procedures of the title registration
system, appropriate legislation to support the system must be put in place. This
legislation should set out not only the basic principles of the system but also the
basic operational procedures. More detailed procedures would be set out in
subsidiary rules. Transitional provisions to progressively replace the existing systems
such as the Registration Act system would be necessary.
3.4 Establish the title registration system using Bhoomi property data. At this
point Bhoomi would have been reengineered and would contain a database of
agricultural, non-agricultural and urban land. This database, which would have been
through various forms of validation at the time of entry of the data into Bhoomi, would
be used as the basic source of information for the issue of titles under the title
registration system. It would not be necessary for the database to be complete as
the title registration system would be created on an area by area basis.

Draft (17 January 2005) – not for citation. 53


3.5 Functional reorganisation and staff training. The registration of titles system
will be an entirely new and different system to the Registration Act and Land
Revenue Act systems as it will be necessary for transactions to be checked to
ensure their validity before registration. It will require a restructuring of the existing
organisations and considerable staff training. It will be necessary to review existing
organisation structures, develop and put in place new structures, prepare Rules and
manuals of procedure and train staff in the new procedures. The most appropriate
operational locations would be the existing Sub-Registrars offices.
3.6 Piloting of an incremental program to issue titles with public notice and
replace existing systems. Once the system is ready to commence operations a
pilot area should be chosen and titles issued for all the land within that designated
area, accompanied by extensive publicity and public education campaigns. Where
provisional titles have been issued, persons who claim an interest in the land which
may not be recorded on the title would be able to come forward and request the
recording of that interest. After evaluating the performance of the system and making
any necessary adjustments the system would be incrementally extended on an area
by area basis.

2.7.4 Objective 4: Single land administration agency.

Figure 11 – Activity to Establish a Single Land Administration Agency.

Review land Detailed Progressively Single LA


Start administration integration implement agency
functions strategy strategy

Draft rules
and
regulations

4.1 Review of functions in land administration agencies (Revenue, SSLRD,


IGSR) Undertake a review of the land administration functions carried out by the
three agencies. With the objective of establishing a single comprehensive title
registration system, identify those functions which should be discontinued, and those
which should be merged in order to administer the system by a single agency.
4.2 Prepare a detailed integration strategy, including the funding and finance
requirements. It would be necessary to develop a human resource strategy for the
abolition of positions in the former agencies, the filling of positions in the new agency
and the handling of redundancies. Budget for the new agency would then have to be
established.
4.3 Prepare rules and regulations to support new institution. To the extent that
the existing institutions are recognised and supported by the law, that law would
have to be repealed and replaced by a new law supporting the new agency.
Transitional provisions would be necessary.
4.4 Progressive implementation of strategy. An interim body would be created,
headed by the Secretary of the new agency, tasked with the responsibility of setting
up the new agency.

Draft (17 January 2005) – not for citation. 54


Figure 12 - Time-Based Action Plan for Karnataka.
Pilot Scaling-Up
2005 2006 2007 2008 2009
1: Strong spatial framework.
1.1 Archive the tippan records.
Establish project management arrangements
Contracting
Archive work by contract
1.2 TPD/BMP/DMA agree on data access
1.3 Specify/design modified Bhoomi
Contracting
Preparation of specifications/design
Evaluation/testing/acceptance
1.4 Transfer/validate/input maps
Complete scanning of village maps
Format/validate village maps
Validate of BMP data
Format/validate DMA maps
1.5 Ensure phodi before registration
Refine phodi process & regulations/manuals
Review/modify process for private surveyors
Training for private surveyors
Pilot hissa activity
Scaling-up Hissa survey
2: Comprehensive land information system
2.1 Study into current and future user needs
Conduct study/workshops/reach consensus
2.2 Re-engineer Bhoomi/add spatial data
Modify Bhoomi software for urban and spatial
Input Village maps
Input BMP maps
Input DMA maps
2.3 Input BMP/DMA attribute fields
Input BMP attributes
Input DMA attributes
2.4 Validate data
Validate of data with KAVERI
Publicity campaign
Extracts to property holders for confirmation
2.5 Bhoomi in Sub-Registries/internet
Access to Bhoomi in Sub-Registries
Incorporate Bhoomi in registration process
Develop and implement on-line access
2.6 Maintain Bhoomi with link to KAVERI.
Develop procedures for on-going maintenance
On-going maintenance/oversight
3: Certainty in Rights in Land.
3.1 Develop title registration policy/principles
Conduct study/workshops/reach consensus
Government sign-off
3.2 Specify/design title registration system
Design/specify manual/automatic processes
Contracting

Draft (17 January 2005) – not for citation. 55


Pilot Scaling-Up
2005 2006 2007 2008 2009
Develop automated title software
3.3 Draft/obtain enactment of legislation
Draft legislation
Government sign-off
Enactment
3.4 Establish titles using Bhoomi data
Data entry/verification
3.5 Functional reorganisation/staff training
Functional review/reorganisation
Prepare manuals/staff training material
Staff training
3.6 Incremental program to issue titles
Publicity campaign
Incremental deployment
4: Single land administration agency.
4.1 Review of LA functions
Review/report/workshop/consensus building
4.2 Prepare detailed integration strategy
Develop strategy
Government sign-off
4.3 Prepare rules and regulations
Draft rules and regulations
Implement rules and regulations
4.4 Progressive implementation of strategy
Progressive implementation.

Draft (17 January 2005) – not for citation. 56


Table 8 - 'Ball-Park' Estimate of the Cost of the First Five Years of the Strategy in Karnataka.
Units Unit Cost Cost (Rs) Cost US$ Period Cost (US$) Comments
Scaling-
Rs Pilot Up
1: Strong spatial framework. 1268700000 28,193,333 224,444 27,968,889
1.1 Archive the tippan records. - -
Establish project management arrangements - -
Contracting - -
Archive work by contract 15000000 2 30000000 666,667 180,000 486,667 Outsource to contractor
1.2 TPD/BMP/DMA agree on data access - -
1.3 Specify/design modified Bhoomi - -
Contracting - -
Preparation of specifications/design 1 1000000 1000000 22,222 22,222 - Outsource to contractor
Evaluation/testing/acceptance - -
1.4 Transfer/validate/input maps - -
Complete scanning of village maps - -
Format/validate village maps 30500 1000 30500000 677,778 677,778 Outsource to contractor
Validate of BMP data 1 500000 500000 11,111 11,111 Outsource to contractor
Format/validate DMA maps 57 100000 5700000 126,667 126,667 Outsource to contractor
1.5 Ensure phodi before registration - -
Refine phodi process/prepare
regulations/manuals - -
Review/modify arrangements for private
surveyors - -
Training for private surveyors - -
Pilot hissa activity 1 1000000 1000000 22,222 22,222 - Incremental costs
Outsource to private surveyors - estimate
Scaling-up Hissa survey 4000000 300 1200000000 26,666,667 26,666,667 based on 20% requirement
2: Comprehensive land information system 572,225,000 12,716,111 55,556 12,660,556
2.1 Study into current and future user needs - -
Conduct study/workshops/reach consensus 1 500000 500000 11,111 11,111 - Incremental costs
2.2 Re-engineer Bhoomi/add spatial data - -
Modify Bhoomi software for urban and spatial 1 2000000 2000000 44,444 44,444 - Outsource to contractor
Input Village maps 30500 50 1525000 33,889 33,889 Outsource to contractor
Input BMP maps 1 1000000 1000000 22,222 22,222 Outsource to contractor

Draft (17 January 2005) – not for citation. 57


Units Unit Cost Cost (Rs) Cost US$ Period Cost (US$) Comments
Scaling-
Rs Pilot Up
Input DMA maps 57 100000 5700000 126,667 126,667 Outsource to contractor
2.3 Input BMP/DMA attribute fields - -
Input BMP attributes 1 500000 500000 11,111 11,111 Outsource to contractor
Input DMA attributes 57 500000 28500000 633,333 633,333 Outsource to contractor
2.4 Validate data - -
Validate of data with KAVERI 4750000 50 237500000 5,277,778 5,277,778 Outsource to contractor
Publicity campaign 199 500000 99500000 2,211,111 2,211,111 Outsource to contractor
Extracts to property holders for confirmation 4750000 20 95000000 2,111,111 2,111,111 Outsource to contractor
2.5 Deploy Bhoomi in Sub-Registries/internet - -
Outsource procurement, installation,
Access to Bhoomi in Sub-Registries (staff/public) 199 500000 99500000 2,211,111 2,211,111 training etc
Incorporate Bhoomi in registration process - -
Develop and implement on-line access 1 1000000 1000000 22,222 22,222 Outsource to contractor
2.6 Maintain Bhoomi with link to KAVERI. - -
Develop procedures for on-going maintenance - -
On-going maintenance/oversight - -
3: Certainty in Rights in Land. 153900000 3,420,000 11,111 3,408,889
3.1 Develop title registration policy/principles - -
Conduct study/workshops/reach consensus 1 500000 500000 11,111 11,111 - Incremental costs
Government sign-off - -
3.2 Specify/design title registration system - -
Design/specify manual/automatic processes 1 5000000 5000000 111,111 111,111 Outsource to contractor
Contracting - -
Develop automated title software 1 10000000 10000000 222,222 222,222 Outsource to contractor
3.3 Draft/obtain enactment of legislation - -
Draft legislation 6 1000000 6000000 133,333 133,333 Cost based on TA assistance
Government sign-off - -
Enactment - -
3.4 Establish titles using Bhoomi data - -
Data entry/verification 1 10000000 10000000 222,222 222,222 Outsource to contractor
3.5 Functional reorganisation/staff training - -
Functional review/reorganisation 3 1000000 3000000 66,667 66,667 Cost based on TA assistance

Draft (17 January 2005) – not for citation. 58


Units Unit Cost Cost (Rs) Cost US$ Period Cost (US$) Comments
Scaling-
Rs Pilot Up
Prepare manuals/staff training material - -
Staff training - -
3.6 Incremental program to issue titles - -
Publicity campaign 199 100000 19900000 442,222 442,222 Outsource to contractor
Incremental deployment 199 500000 99500000 2,211,111 2,211,111 Incremental costs, including tribunal
4: Single land administration agency. 204500000 4,544,444 - 4,544,444
4.1 Review of LA functions - -
Review/report/workshop/consensus building 1 500000 500000 11,111 11,111 Incremental costs
4.2 Prepare detailed integration strategy - -
Develop strategy 3 1000000 3000000 66,667 66,667 Cost based on TA assistance
Government sign-off - -
4.3 Prepare rules and regulations - -
Draft rules and regulations 2 1000000 2000000 44,444 44,444 Cost based on TA assistance
Implement rules and regulations - -
4.4 Progressive implementation of strategy - -
Incremental costs, possible civil works,
Progressive implementation. 199 1000000 199000000 4,422,222 4,422,222 procurement, staffing training etc
Total Costs 2,199,325,000 48,873,889 291,111 48,582,778

Draft (17 January 2005) – not for citation. 59


CHAPTER 3 - LESSONS FOR OTHER STATES
Karnataka and its land records share a legacy with other Indian states. There is
therefore value in documenting the key lessons of Karnataka’s recent experience,
both successful and unsuccessful, in computerising its land records. These key
lessons are summarised below.
Need for a Champion. A key reason for the success of Bhoomi has been the
presence of one key champion – Sri Rajeev Chawla. He stayed with the project
longer than could reasonably be expected and persevered through the many
difficulties to bring the project to a successful conclusion. As project champion, he
brought together a dedicated team to work on the project. The partnership with the
National Infomatics Centre (NIC) has been critical to the success of the project. In
recent times he has brought together a number of key specialists from the various
land sector agencies, including experienced staff from the Taluk Revenue offices
and the SSLRD. These staff bring the domain knowledge necessary to built on
Bhoomi’s success.
Sri Rajeev Chawla is now playing a national role as Convenor of the national
committee of Revenue secretaries oversighting efforts to computerise land records.
But there is only one Rajeev Chawla and other states need to find their champions
and give them the necessary resources and support. The senior staff charged with
the oversight of land records used to be the ‘cream’ of the bureaucracy. This has
degenerated to the stage where senior staff see being assigned to the oversight of
land records as a punishment. This problem will not be easily changed, but a critical
element in effecting significant change will be the provision of adequate resources.
Limited Technical Capability. In Karntaka there is limited technical capability in
survey, mapping and GIS, particularly in government. A key long-term factor causing
this problem has been limited opportunities and support for the land sector. This
problem can be addressed with a range of strategies, including:
• Offering increased opportunities for government staff – access to new
technology, training, challenging work etc. - by implementing well designed
programs to address problems with land records;
• As part of these programs, building a strong private sector with a real role
in supporting land administration;
• Support for the education sector to enhance land administration-related
courses and to encourage students to enter the field.
Technical Specifications and Quality Control. The key agencies supplying survey
and map data have had difficulty in providing data to internationally accepted
standards (see for example, the difficulties experienced by MSDIP with SI and NRSA
data detailed on page 21). This difficulty is compounded by an apparent tendency to
treat digital data as ‘error-free’ regardless of the source or methodology used to
produce the data. The key lesson here is that some effort is required to develop,
disseminate and implement appropriate standards for the production and use of
digital data.
Oversight of Contractors under Outsourcing. The Karnataka unsuccessful
experience in the outsourcing of the task of digitising the tippan records in two
Taluks to produce new village maps based on the tippan records (see page 15) and

Draft (17 January 2005) – not for citation. 60


the fact that SSLRD staff did not closely oversight the activity and then spent several
years checking the contractor’s output clearly demonstrates the need for changing
the approach to outsourcing. Government officials should work closely with the
contractor to verify work as it is produced. This will require more than simply
assigning staff to the task. Staff will need incentives to work closely with the
contractor. These incentives might include training and better working conditions.
The government will also need to come up with a better approach to checking the
output of the contractor – a better approach than to laboriously check every item of
work. Some sort of sampling approach, with appropriate “checks and balances”,
seems logical, efficient and cost-effective.
Need to have a Clear Understanding of Desired Outcomes Prior to
Commencing Pilots/Projects. There has been no shortage of projects to improve
land records in Karnataka. There has been the project to computerise tippan records
(page 15). There is the project to re-survey 33 villages in Maddur (page 17). Then
there is the project to image tippan records (page 19). However it is clear that these
projects have not been well-thought through. Most projects lack a clear statement on
what is going to be achieved, fail to specify a clear timeframe and more importantly
do not specify measures of success. In the case of the pilot re-survey in Maddur
there are questions about the approach that has been adopted, but also about the
legal status of the final result. Investment is required to address the problems with
land records. However, a clear lesson is that more effort and rigor is required in
designing, managing and oversighting pilots and projects. Consideration should be
given to establishing a team of specialists for this task.
Undertake Re-Engineering before Computerisation. Although Bhoomi and
KAVERI have been successfully implemented, both systems largely have
computerised the existing manual systems. This limiting of the scope of the
computerisation has meant that the changes could be implemented relatively quickly
and without any major controversy. However, both systems suffer from cumbersome
processes and a re-engineering will now require significant changes to the software
systems. In hindsight there would have been advantages in re-engineering
processes prior to computerisation.
Strong Action is required where there has been Long-Term Institutional Decay.
There has been a long-term decay in the institution in Karnataka responsible for
survey and settlement records - SSLRD. The agency has never been able to
undertake a re-survey, although it did manage to implement a hissa survey from
1930-50. The agency was able to introduce City Survey plans from 1965 to about
1980, but these maps never covered the full urban areas and the maps and records
that exist have not been maintained. The inability of the organisation to provide maps
has been one of the main reasons for the increasing duplication of efforts to produce
maps. The agency has also been unable to archive the settlement survey records
produced by the British over a century ago. In recent years the agency has been
provided funds to establish training institutes but there is little evidence that any
training has been provided. Government has recently taken action to implement the
recommendations of the Administrative Reforms Commission to assign surveyors in
the field to the office of the Tahsildar. There has been no statement about the task to
improve the overall survey and map framework in the state. In hindsight, it is clear
that there would have been benefit in an earlier intervention. This earlier intervention
could have provided better technical management in the agency and a strategic re-
focusing of the activities and services of the agency.

Draft (17 January 2005) – not for citation. 61


Better Mechanisms are required to Share Data and Information. Although there
have been recent efforts to share the cost of undertaking mapping and the creation
of spatial databases (the mapping of Bangalore by NRSA and the MSDIP are
examples of this), Karnataka has duplicated mapping and data systems. This
duplication has real costs, both in the initial cost in the generation of the data but
also in the added cost of trying to integrate the various datasets. About five years
ago SSLRD suggested joint efforts to complete urban mapping in the state.
Apparently there was agreement in principle, but no funding was forthcoming and
therefore nothing happened. In recent years there has been a suggestion that
KSRSAC be appointed the custodian of all spatial data. KSRSAC has been very
active in generating datasets and has some credibility in undertaking this task, but it
will require more resources and funding. A lesson from Karnataka is that clear action
is required to appoint an agency with responsibility for generating and maintaining
spatial data and then to provide the necessary funding to ensure that this important
task is undertaken.

References
AZIZ, Abdul & KRISHNA, Sudhir Land Reforms in India: Karnataka Promises
Kept and Missed – Volume 4, 1997
BURNS, Tony & DESHPANDE, R S Karnataka Rural Policy Review: Land
Administration, 2001
CHAWLA, R India: Online Delivery of Land Titles to Rural Farmers in
Karnataka, Shanghai Poverty Conference: Case Study Summary, May 2004
DAS-GUPTA, Arindam The Stamps and Registration Department in Karnataka:
A Review of Institutions and Administration, 2002
HANSTAD, Tim, NEILSEN Robin & BROWN Jennifer, Meeting the Goals of Land
Reform: An Analysis of the Effectiveness of the Legal Framework Governing
Rural Land Policy in India, a paper prepared by the Rural Development Institute
under contract to the World Bank, August 2004.
ISEC, People’s Database on Land Tenure, Land-Use, and Land-Cover: A Pilot
Study by the Institute for Social and Economic Change (ISEC), Bangalore and
Nagarika Seva Trust, undated.
JAYARAM A P, Valuation of Land in India, published by A P Jayaram, 2000.
KARNATAKA ADMINISTRATIVE REFORMS COMMISSION, Final Report,
December 2001
KARNATAKA TAX REFORM COMMISSION, First Report of the Tax Reforms
Commission, 12 February 2001.
PULIANI, Sathpal The Karnataka Land Reforms Act, 1961 (Along with Green
Belt Area), 1998
PULIANI, Sathpal The Karnataka Land Revenue Manual - Volume 1 and 2, 1998
PULIANI, Sathpal The Karnataka Stamp Act, 1999
SAXENA, Naresh C Land Administration System in India, 2004
WADHWA D C Guaranteeing Title to Land – A Preliminary Study, 1989

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WADHWA D C Guaranteeing Title to Land, 2002
Williamson, I P, “The Cadastral ‘Tool Box’ – a Framework for Reform”, presented
paper, Session TS7.2 on Cadastral Innovation, FIG XXII International Congress,
Washington DC, April 19-26 2002.

Draft (17 January 2005) – not for citation. 63


Annex 1 – Terms of Reference
Computerization of land records: Building on Karnataka’s
experience
1. Background
Given the dilapidated state of land records in India and the treats this poses for
development of the private sector and good governance, computerization of land
records has long constituted a key element in the Government of India’s (GOI’s)
strategy for the land sector. However, despite considerable efforts, and with the
notable exception of a few states, progress has been slow and erratic. One of the
reasons for this is that institutional and regulatory constraints greatly reduce the
benefits to be obtained from computerization of land records. To help increase the
benefits, the Government of Karnataka is requesting a study that would not only
identify these constraints but also propose a technically and administratively feasible
strategy to address the in the state. It will thus identify ways in which the
accomplishments of successful computerization of land records in Karnataka can be
built upon and expanded and propose a concrete mechanism for doing so. The way
in which computerization of land records is being implemented in Maharashtra is
significantly different from Karnataka and the Government of Maharashtra has
requested to be included in the study so as to be able to draw lessons that could
help it to move ahead with the necessary technical, legal, and institutional work, and
also to provide a broader set of lessons that would be of great interest to other Indian
states.
Doing so will yield immediate benefits for Karnataka and Maharashtra to develop
strategies that would build on what has been achieved through computerization to
improve the effectiveness of land administration in these states. It will be useful to
other states who can draw on these examples not only to demonstrate that
computerization is feasible and yields concrete benefits for a wide range of
stakeholders, but also to learn from the shortcomings to adjust their own
implementation strategy in light of this experience to have a clear vision of the
program’s long term objectives.
Given that there have already been some assessments of the benefits from the
program in terms of improved transparency and accountability at the local level, the
assignment will focus on challenges ahead rather than on demonstrating what has
been accomplished in the past. This implies that one key purpose of the study is to
identify bottlenecks and demonstrating how these affect the magnitude and the
sustainability of the benefits that can be expected from computerization. At the
same, the main emphasis will be to arrive, through interaction with policy makers and
technical staff in each of the states and reference to international experience and
best practice, at very specific and concrete suggestions on how shortcomings in the
legal, technical, and administrative area can be addressed. In the case of Karnataka,
this will be translated into a concrete action plan which will be discussed with the
relevant authorities. If funding can be secured, this will be linked to an in-depth study
that would allow to quantify the economic benefits obtained from computerization as
it stands right and at the same time assess the demand for and the potential impact
of the state implementing a more coherent long-term strategy in this area. Such an
assessment would seamlessly lead to an actual evaluation of the impact of

Draft (17 January 2005) – not for citation. 64


implementing such a long-term strategy that would be of great interest and relevance
to India and beyond.

2. Specific tasks to be performed


There is consensus that even where great progress has been made in
computerization, the full potential of this measure is not realized for a number of
reasons.
• First, because the system has been designed to deal with a legacy of past
records, rather than a process that is being designed comprehensively from
the ground up, only a small part of the potential efficiency gains from this step
is being realized and huge inefficiencies and duplications in the system
remain.
• Second, land records provide neither conclusive proof of ownership nor are
they linked to any spatial data, leaving the potential to use them in order to
reduce conflict and the undesirable characteristics associated with it almost
completely untapped.
• Finally, while it may have made sense to focus on rural areas in order to
establish the system and demonstrate its feasibility, there is little doubt that at
this point extension of the system into urban areas can significantly increase
the economic benefits.
The consultant team is expected to provide an in-depth treatment of ways that can
be used to address each of these three issues in the two states and, in the case of
KA, use this to develop a long-term strategy which, in discussion with the Secretary
e-governance and his team, a plan of activities to be undertaken within the next 5
years in order to get closer to this goal. In doing so, the team will draw out the
lessons for other Indian states, in particular the scope for building on Karnataka’s
and Maharashtra’s experience to put efforts at computerization into a more strategic
focus. A more detailed description of the individual tasks is given below:

2.1 Options to Improve the Land Records Systems


Having evolved over time and adapted to technical opportunities and operational
challenges, and fundamental doubts about the possibility of computerized records
ever replacing paper-based ones on a large scale, computerization of land records in
a systematic fashion and with the intent of eliminating bureaucratic overlaps. As
Karnataka, Maharashtra, and a number of other states have now demonstrated that
the technical and bureaucratic obstacles can be overcome, it is time to think more
systematically how the computerized system can help to modify existing business
processes. This part of the work will do by providing an in-depth discussion of the
options available for Karnataka in this respect. In doing so, it will explore, document,
and make suggestions as to changes in
• the flow of data between the RTC records system in rural areas or the
property registry card in urban areas, and the registries;
• possible duplicated and redundant data and processes in this system as well
as the status of initiatives to computerize the registries and their implication
for strategies to facilitate better access to land records and greater validity of
these records that build on the model espoused by bhoomi;

Draft (17 January 2005) – not for citation. 65


• the existing structure of fees and its implications for participants’ incentives
for registration and different types of land use, the system’s sustainability in
the longer term, and the potential to obtain funding for the development of the
system
• the extent to which the land administration system supports government
policy and a development of land markets that will bring land to its most
appropriate use;
• options for improvement (e.g. a gradual migration to a title system).
The team will document and discuss with local counterparts the requirements of
such changes and, on the basis of these discussions, outline ways of implementing
improvements over time. Based on an assessment of costs and benefits of different
options, the funding issues associated with them, and building on discussion with the
relevant stakeholders and policy-makers, the team will develop and to the extent
possible agree on a long-term vision for the land administration system in Karnataka
over a 10-15 year horizon and the critical path to get there. In Maharashtra, the team
will provide an assessment and develop recommendations on this issue.

2.2 Spatial Framework for Land Records


Given that systematic surveys that were originally intended to ensure that the spatial
information contained in land records remain up to date have not been conducted,
there is a lack of correspondence between spatial and land record information. This
not only makes it difficult to ascertain the completeness of the registry but, more
importantly, creates problems in peri-urban areas where land values are rapidly
appreciating. To deal with this issue, the team will assess the status of the spatial
data infrastructure in rural and urban areas and suggest mechanisms to gradually
link it to land records in a more systematic fashion. In doing so, the team will draw on
existing survey data, the experience from pilots to computerize survey data and field
maps in selected areas, and the status of urban mapping. It will use these to develop
a strategy to link land records that have been computerized through bhoomi to
spatial information over time, involving the private sector, and modern technology for
surveying and mapping, as a key input into the state’s longer-term land
administration strategy.

2.3 Extension of Bhoomi to Urban Areas


The team will draw on the Thai and other relevant international experience to design
cost-effective mechanisms that would permit the quick extension of bhoomi into
urban areas where the benefits from a sound land administration system that
eliminates the ambiguities, insecurity, and opportunities for corruption inherent in the
present system are going to be much higher than in rural areas. This task will involve
an investigation of differences in:
• the lands records management systems for urban land from the systems for
rural land that have been computerized with bhoomi;
• the institutional arrangements that support these land records systems;
• in the options available for the delivery of land records information in urban
areas; and
• the broad requirements of urban land markets for computerized land records
systems

Draft (17 January 2005) – not for citation. 66


Using this status assessment, a plan to extend bhoomi into urban areas will be
drawn up for Karnataka. This will focus on the status of land administration and how
these differences must be recognized in extending bhoomi to urban areas. Based on
an assessment of the advances made and remaining shortcomings with respect to
urban areas, recommendations to utilize this experience will be made for
Maharashtra.

2.4 Five Year Plan and lessons for other Indian states
The team will use the above to formulate a 5-year plan with specific actions and
quantitative targets that could be adopted by the new government, possibly with
outside support, to implement this long-term vision and expand the reach and
usefulness of the land administration system. In addition, it will draw on the pilot
experience of Karnataka to distil lessons in terms of processes and institutional
structure as well as policy that would allow other Indian states who are currently in
the process of computerizing their land records to pursue their goals more effectively
and with a clear long-term vision in mind.

3. Budget and operational arrangements


These TOR are for a team of two senior land administration specialists with at least
15 years experience each to visit Karnataka for a minimum of two weeks, ideally
Aug. 22 to Sept. 13. To ensure that the study meets local needs, the consultants will
draw up a draft workplan which will be agreed with officials in the two states in
advance of their visit. During their visit, they will liaise closely, and on a continuing
basis, with the Secretary, e-governance and a counterpart team established by him
in Karnataka and with a team of local officials in Maharashtra. The local team will be
available for discussion will provide assistance in field visits to representative
districts/Taluks. It will also provide assistance in arranging meetings with key officials
and stakeholders, in Revenue Department, other government agencies including the
Town Planning Authority, any Land Development Authorities, Regional Development
Authorities, Industrial Development Boards, Land Use Board, City Corporations, as
well as others active in the land market (judges, courts, lawyers, real estate agents,
developers). The consultants will hold a seminar to present their draft report to a
group of officials chosen by the Secretary.
To ensure that the best use is being made of available time, the consultant team will
get access, either electronically before their visit or while in India, to copies of
relevant laws and regulations, particularly those implemented in recent years and
any information on any proposed new legislation. It will also have access to a
collection of some basic statistics and information on things like population; land
parcels (number, area, rural/urban); administrative districts (district, Taluk, villages,
number, population, areas); information on panchayat at district, Taluk and village
levels; information on Municipalities; extent of existing urban maps; geodetic control.
This is a lump sum contract is for a total of US $ 29,000 (which includes
remuneration for the consultants as well as any necessary travel arrangements), to
be paid in four installments. A first payment (of US $ 10,000) will be made upon
presentation of a detailed work plan that has been agreed with the counterparts in
KA and MA. A second payment of US $ 10,000 will be made upon presentation of
the draft report to the relevant authorities in both states and at the national level at
the end of the mission, and a fourth payment of US $ 9,000 upon delivery a final
report that incorporates the comments received during this presentation as well as

Draft (17 January 2005) – not for citation. 67


any other discussions with policy makers in India and that is cleared by counterparts
in both states.

Draft (17 January 2005) – not for citation. 68


Annex 2 – Copy of Aide Memoire/Minutes of Workshop
INDIA - Land Issues
Mission to Bangalore, Sept. 6-8
Aide Memoire
A team led by Klaus Deininger (Lead Economist, DECRG) and including Tony Burns, and Kevin
Nettle (consultants) who had been in the state for 2 weeks, visited Bangalore on request of the
Government of KA to discuss options for using the infrastructure established under Bhoomi to
increase the security of property rights to land in rural as well as urban areas, thereby improving on
the appalling status of land records and property cards in the state. Based on the draft report
elaborated by the consultants, a summary of which had been circulated to a group of officials in
advance of the workshop, the mission presented options for moving ahead to a workshop attended by
the Minister on Sept. 6 (see the minutes in annex 1) and had follow-up discussions with various
institutions in the sector thereafter. The mission thanks all of the officials met as well as the local team
for their support and assistance and would like to extend a special thanks to R. Chawla, Special
Secretary Revenue Department and his team, who provided an exceptional level of support and
guidance. This Aide Memoire, which was cleared by R. Chawla, summarizes key conclusions.
The report by the consultants, elaborated jointly with the local team, provides the basic elements of a
long-term strategy to use the infrastructure established by Bhoomi as an instrument for moving
towards a comprehensive system of property registration. Discussions during and after the workshop
revealed that both the technical conditions and the political will for doing so are clearly present.
However, before it will be possible to move towards larger-scale implementation, for which the
Government of Karnataka is likely to request financial assistance by the Bank, a number of technical,
legal, and regulatory issues need to be explored in more detail, possibly through pilots. The mission
helped to agree on the broad strategy, define these activities, and a number of specific next steps.
The mission was also informed that the GOI has just established a committee, to be convened by Mr.
Chawla, to chart out a way forward for computerization of land records and property rights to land at
the national level. In view of the fact that the activities to be implemented in Karnataka are likely to
hold significant lessons for other Indian states, the Government requested that, over the next 12-18
months, the Bank provide technical assistance to ensure that pilot activities be carried out in a way
that facilitates large-scale implementation of the long-term strategy. A request was also made for an
exposure visit by technical staff and policy makers, respectively, to neighboring Asian countries to
study different aspects of the solutions that are likely to be required and to enhance political support
for the institutional and legal changes that will be required. R. Chawla also requested the Bank team
advising Karnataka to provide technical advice to the national committee to ensure that international
experience, as well as its application to Karnataka, is incorporated in these deliberations.
The mission indicated that, in addition to exploring the scope for supporting the process through its
own staff to accompany the process, the Bank would approach bilateral donors (in particular DFID
who had funded the current study) with a request for support to the technical assistance that is
required to maintain the momentum. At the same time, it will explore opportunities to provide
continued technical support and to ensure that, upon successful conclusion of the pilot activities, the
required resources for scaling up could be made available.
Main conclusions from the workshop
The workshop demonstrated that officials do not have illusions about the sorry state of land records in
both rural and urban areas and, more importantly, that there is a genuine willingness to collaborate
across departmental boundaries to solve this problem. There was agreement that, even though in its
current form Bhoomi does not provide information on ownership, it will be an ideal vehicle to move
towards this goal, with an option of eventual adoption of a registration of title system. The strategies to
realize this potential would differ between rural and urban areas:
In rural areas (i.e. with respect to agricultural land), field books or tippans, the legal documents that
are used to spatially reference property rights, are in a state of advanced deterioration and an
unknown number has been lost. This implies a need for immediate action to preserve the tippans by
scanning them, to use computerized village maps and tippans to provide an index map, and to devise
strategies to reconstruct those that have been lost. A second problem is that these documents often

Draft (17 January 2005) – not for citation. 69


no longer reflect reality on the ground because of unregistered or -surveyed subdivisions and
transactions since the original survey in the 1860-90s (or a supplemental settlement undertaken about
1930). To address this, a strategy for dealing with cases in which the tippan record no longer
conforms to ground realities in a systematic and cost-effective way will need to be developed. During
the workshop it was agreed that Bhoomi would provide funds to immediately start scanning the about
15 million tippans in existence. Options for complying with the remaining two tasks were identified and
the agreements reached in this respect are discussed in more detail in the attached minutes.
For urban areas and non-agricultural lands, the situation is much worse: property cards which are the
main form of legal evidence for property ownership, exist for less than 1% of the at least 4.5 million
properties and even these, generated in the 1965-80 period, have not been updated and are thus out
of date. The proposed strategy for solution differs between the state’s 57 main cities plus Bangalore
and the non-agricultural lands and gram khammas of the remaining gram panchayats. In the former,
ongoing projects are developing cartography and collect attribute information for tax purposes. This
information, once it has undergone appropriate validity checks and no complaints have been lodged
in an extensive process of public verification that would probably have to include tribunals to quickly
resolve disputes on the spot, can be used to form the basis for an “urban Bhoomi” that would confirm
urban land ownership rights on an unprecedented scale. Discussions revealed that, except for the
parts of about five cities for which a city survey had been undertaken in the past, the existing legal
framework does not pose any obstacle to using this information to issue new property cards which
would provide legally recognized documentation of ownership rights. A similar process could
presumably be followed in the gram khammas of other gram panchayats.
Immediate actions
It was agreed that, provided the funding required for the consultants can be obtained, the following
actions will be performed in the immediate future.
Scanning of tippans and computerization of village maps: In addition to establishing a basis to enrich
the information to be provided to rural citizens on their existing Bhoomi records, this would also save
these legal documents from further deterioration and, in addition, allow a precise estimate of the
number of documents that are out of date (as well as those where the required information has been
lost), thereby allowing for the first time to quantify the number of unrecorded subdivisions that need to
be re-surveyed and to identify where they are located. This will be crucial to identify the best technical
option of tackling this issue. Bhoomi will fund the scanning of all tippans and a subset of the village
maps from its own resources, possibly complemented by funds from GOI. The team would also move
towards a definition of the fields that will be maintained by the revenue department, which ones would
be maintained by others, and which ones would be dropped.
Definition of data infrastructure for and time plan for urban Bhoomi: As the collection of tax data for
urban areas is just starting, it will be critical to ensure that all the required fields are included and
transmitted to the responsible agencies. Based on the input from the consultants, and using the
understanding that had been reached during he workshop, the local team will aim to obtain a
memorandum of understanding with the responsible agencies that would specify the format as well as
time schedule for the data to be delivered to Bhoomi.
Options for resurvey in rural areas: While existing estimates of the resources and time required for
any form of resurvey differ widely, none of them is based on a thorough assessment of the available
options, i.e. whether to go for a systematic survey or target just plots that had been subdivided, and
which of the available technology options to use in doing so. Still, there is little dispute that, for rural
areas, the required re-survey work is likely to constitute the bulk of the incremental cost of a transition
towards a more inclusive and secure property rights system. To provide the basis for a more serious
discussion of this issue, the consultants have elaborated a note on the options in terms of technology
and will work with the local team to refine and cost these under local conditions.
Legal and institutional changes to move towards a title system: The workshop revealed that, even
though there is broad consensus on the desirability of having a more secure system of property rights
based on title, nobody has studied in detail the legal and institutional changes that would be required
for doing so. The consultants agreed that, with assistance of the local team (and drawing in others
where needed), they would put together such a note that could then be utilized not only to chart out a
strategy for legal and institutional change but also to design a public information campaign (in
coordination with the roll-out of Bhoomi) that would allow a substantive discussion.

Draft (17 January 2005) – not for citation. 70


Next steps
It was agreed that, provided resources and necessary clearances can be obtained, the consultants
would be in contact with the local team via email and phone to advise on immediate problems in
implementing the required actions. A follow-up visit by them as well as Bank staff would be planned
for early January, i.e. at a time when information from all the data gathering exercises should be
available, thus allowing to obtain an estimate of the magnitude of the tasks involved in scaling up the
activity that would allow to jointly reach a number of decisions on strategic issues.

Draft (17 January 2005) – not for citation. 71


Annex 1
Minutes from the Workshop on Land Administration System
Sept. 6th 2004
Atria Hotel, Bangalore
Introductory remarks
In his introduction and welcome note, R. Chawla, Special Secretary (e-Governance), Revenue
Department, highlighted that the goal of the workshop was to brainstorm on the five issues identified
in the agenda. To do so, a number of key policy makers would present their thoughts, to be followed
by a discussion issue by issue for each of which the WB team (T. Burns, K. Nettle, K. Deininger)
would present findings from their review of Karnataka and options based on international experience,
to be followed by general discussion.
Sri V. Gore, Additional Chief Secretary noted that there is a serious danger that the Revenue
Department is taken over by non-core activities, thus losing its comparative advantage. While Bhoomi
has been a great achievement, it does not confirm ownership, will need to be complemented by a
spatial framework, and be linked to re-engineered systems. Even though doing so will be a long
process, the alternative, especially in urban areas, is a serious threat to law and order through land-
related issues such as corruption, activities by land-sharks, and other types of manipulation.
Sri L. Vallatharai, Secretary Revenue Department, highlighted that, even in rural areas, the
magnitudes involved are very large and that data loss and lack of updating already constitute a
serious danger. All the solutions that have been tried thus far having been rather ad hoc and not
sufficiently scalable. Addressing these threats would require to scan, vectorize, and mosaic tippans to
form a village map; verify and link them to Bhoomi; and close gaps where they exist (especially in the
gram khamma). This will require significant funding.
Sri S. M. Jammadar, Secretary Revenue Department, reminded the audience that, in charting a way
forward, it would be important to bear in mind the historical background under which these systems
were developed. It would also be critical to consider the impact of any intervention on all types of land
uses, including rural-urban conversion, the maintenance of environmentally sensitive areas
(waterbodies, floodplains, pastures), and to anticipate key policy issues such as encroachment and
develop strategies to deal with them within the broader context of the government’s obligation to
guarantee property rights.
Sri P. RaviKumar, Secretary Urban Development Department, emphasized that the institutions in the
urban sector have neither the authority nor the obligation to maintain or be custodians of land records.
To the contrary, land issues had come into sight only because of the need to collect taxes. The need
to bring previously unassessed properties into the system led to the development of systematic
surveys based on satellite imagery and with ground-truthing by the Survey of India in 57 towns, with
plans for further extension. The data thus generated could form the basis for official recognition of
property rights; however, any move toward this will have to be combined with wide publicity and broad
public acceptance, especially if there is an intention to eventually move towards a titling system.
Spatial Framework for land rights
The presentation by the team stressed that, even though Bhoomi’s successful computerization of
RTCs and plans for greater access to these through village kiosks provide a good basis for Karnatka
to build upon, there are also a number of challenges that need to be confronted. These include the
lack of updating of the approximately 30,000 village maps and 150 lakh tippans, the fact that an
unknown number of these has been lost or destroyed, and the existence of a high though unknown
number of subdivisions and transfers (up to 10 lakhs) that have not been recorded. Various past
initiatives to microfilm or digitize tippans or resurvey land had proved to be either too costly or too
slow to provide an answer to the problem of deterioration that could seriously undermine the basis for
the land administration system in rural areas. Therefore, more immediate measures to save existing
records may be needed. A number of options for doing so (scanning of parcel maps), linking them to
village maps and Bhoomi are available. While a full resurvey might be the best option from a merely
technical point of view, ways to obtain the needed information more quickly, selectively, and cost-
effectively in response to specific problems (e.g. conflict or clearing a backlog of subdivisions) will
need to be found. Criteria to prioritize areas for resurvey (e.g. where land use has changed rapidly,
conflict is high, or original records have been lost) and to use technology may be needed.

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The presentation led to animated discussion on the various options to computerize the survey and
map records that support the RTC for agriculture lands. The Director SSLRD also stated that the
SSLRD estimates for re-survey of the whole state was Rs 800 crore and that it would take 12-15
years. It was generally agreed that it was difficult to justify a full settlement survey and other options
such as a Hissa survey to pick up sub-divisions only, or a survey to map public land were mentioned.
The Director of Survey, Settlement and Land Records noted that SSLRD planned to conduct hissa
survey in one Taluk per district next year (27 Taluks). There was much discussion on the value of
geo-referencing the map data, particularly from the key technical groups (Survey of India and
KSRSAC).
It was agreed that the tippan record should be scanned as early as possible to prevent further
deterioration. There also was agreement on the value of scanning the village maps, vectorising the
maps, updating for phodi surveys that are not mapped and linking this information to Bhoomi to form
an index map and a strategy to do so should be elaborated. Finally, technical options to resurvey and
update the spatial data in rural areas should be systematically identified, evaluated and costed in light
of existing experience and needs on the ground. The goal would be to establish a menu of options to
provide updated spatial data for different types of situations, field test them, and then elaborate a
strategy where the Revenue Department deploy them in response to specific needs and in a
coordinated manner. The Secretary e-Governance offered to fund the scanning of tippan records from
Bhoomi revenues and to take the other items forward by forming a smaller working group that would
periodically report to the Minister.
Lack of Spatial and Attribute Data in Urban Areas
The presentation stressed that the maintenance of land records for non-agricultural areas varies
widely, which makes it near impossible to integrate them, and causes large gaps (e.g. in gram
khammas). In the main cities, land records (property cards) are to be maintained by city survey offices
while village accountants are responsible for maintenance of land records for non-agricultural lands in
other areas. The fact that these arrangements do not work has prompted municipalities and the BMP
to embark on a separate exercise to re-survey of properties for tax purposes without claiming to
provide or generate any information on ownership. Some smaller gram panchayats use a systematic
self-assessment by property holders, without any link to spatial data.
In the discussion, the Director of Town Planning (DTP) indicated that, under an ADB project, DTP
aims to create new maps for 20 cities using aerial photography and that for 13 cities, photography had
been completed while mapping was complete for Bangalore and Mysore. The Survey of India stated
that it had a program to produce 1/1,000 scale mapping of cities from high resolution satellite imagery
and that it would be important to geo-reference survey data. The representative from Janaagraha
noted that the collection of data in cities had to look not only at ownership information but also the
supply of services and that pilots should be started to get things going. It was noted that the Gram
Panchayat also were keen to have mapping as a means to improve their records of tax payers,
something which alone could justify action towards this end.
There was general support for the proposal for the Revenue Department to build on the spatial data
generated by DMA and BMP instead of trying to conduct its own surveys. The latter agreed that they
would make their data available to the Revenue Department for this purpose. It was also agreed that
the Revenue Department would coordinate with DMA and BMP to link their plans to provide extracts
to property owners in urban areas to the longer-term strategy for developing an “urban Bhoomi”. The
various approaches adopted by gram panchayats should be evaluated more systematically with a
view towards their cost and replicability as an input into a strategy towards closing the gap between
rural and urban lands and for Revenue to collaborate with local governments on improving their
property data base.
Re-engineering Bhoomi
The presentation emphasized that, even though it has helped to make information more accessible
and eliminate petty corruption, Bhoomi has just computerized an existing paper-based process which
has remained essentially unchanged since it was introduced in the late 19th century and that could be
considerably simplified by building on the technical advances made in the interim. For example, even
under Bhoomi, the mutation process remains cumbersome, a VA’s signature is still required, implying
that the scope for political interference may not be completely eliminated, and the fact that a large
number of data that are not directly related to ownership are carried along increases the cost. On the
other hand, some encumbrances that should be included in a land record (e.g. irrigation easements)
may not be captured right now.

Draft (17 January 2005) – not for citation. 73


The Secretary of Revenue noted that the Department was already taking action to modify Bhoomi in
line with user needs, e.g. by generating a link between Bhoomi and KAVERI. It was also pointed out
that significant effort would be required to validate the data entered into Bhoomi in urban areas. It was
recognized that Bhoomi could provide a lot of value for land use planning but agreed that a strategic
decision needs to be made on whether it is the most appropriate vehicle for such an effort.
A study of the current and future users of Bhoomi (RTC), to identify a core set of data that needs to be
captured, and to propose strategies for capturing and making available, possibly on a cost recovery
basis, other data that are currently included in the Bhoomi database will be undertaken by the
Revenue Department. The Revenue Department will also explore possibilities to improve connectivity,
especially with sub-registries and making Bhoomi information more widely and publicly available.
Building on the link between Bhoomi and KAVERI as well as experience of automating mutations in
other states, to simplify processes and suggest potential institutional changes that could be facilitated
by more fully exploiting existing technology will be explored. Finally, based on available data from
DMA and BMP and a time plan for the completion of the effort, the Revenue Department will develop
a strategy for systematic validation of these data and the content and implementation of a “urban
Bhoomi”.
Lack of conclusiveness of land rights
The presentation noted that the current land administration system is neither comprehensive nor
conclusive, fails to ensure validity, is not supported by maps. In fact, the inordinate attention given to
verifying the identity of the transacting parties is in stark contrast to the minimal description of the land
that is transacted. Also, the requirement of extensive searches increases costs. It was noted that,
while a full resettlement survey followed by issuance of title is unlikely to be feasible, a viable
alternative would be an incremental approach that is based on the best available information from a
re-engineered Bhoomi and issue them as provisional titles, subject to maturation over the period (12
years in the case of India) in the statute of limitations. This would mean that all those documents
against which no dispute has been registered during the first 12 years of their existence would
automatically constitute valid titles In fact, this approach has been taken by a number of other
countries, especially in the context of switching from a deeds to a titling system. While a title would
not necessarily have to come with a state guarantee (or could guarantee only parcel identity but not
precise measurements or boundaries), the desire to move towards it would clearly have implications
for the future of Bhoomi and other institutions dealing with land.
The presentation led to a very lively discussion in which both the pros and cons of a state guarantee
for property rights and different options for establishing a title registration system in Karnatka were
considered. While those present reached a general consensus on the desirability of moving towards a
titling system, it was noted that a broader public discussion of the issue, possibly linked with an
information campaign, would be required. Also, it was noted that the decision could not be divorced
from the mechanisms used to get there. The option of using best available evidence generated a
large amount of discussion, focusing on (i) the responsibility of the State in protecting ownership; (ii)
the extent to which the State should guarantee title; and (iii) the handling of disputes arising from the
issue of title. There was general agreement on the responsibility of the State to guarantee property
and the need for a more integrated and comprehensive parcel-based system. It was also noted that
the transition to registration of title would offer a number of additional advantages. While many of the
steps identified earlier could contribute towards this goal, it was recognized that further debate on this
topic would be needed and should be facilitated by the Revenue Department. The consultants agreed
to produce a short background note on legal and institutional issues to be considered in such a
transition and the time frames involved to facilitate such a discussion.
Single Agency for Land Administration
The current system of land administration, with stamps and registration, the ROR, the SSLRD, as well
as corporations, municipalities, and panchayats as major players, is characterized by high complexity
that results in lack of clarity, costly duplication of efforts, and a resulting lack of consistency in records.
It would be desirable to merge the recording, survey, and mapping functions into a single agency and
to focus activities more sharply on land administration and provide a one-stop shop that would allow
potential users much easier access to a consistent set of land administration information.
There was agreement on the problems created by the current situation of multiple systems and
agencies, together with the option of merging the land administration functions of Revenue
Department, SSLRD and IGRS to create a single Land Administration Agency. There was no dissent
with this proposal and in fact it was pointed out that things were already moving in this direction with

Draft (17 January 2005) – not for citation. 74


the linking of Bhoomi and KAVERI and the pending integration of the survey maintenance functions of
SSLRD with revenue Department. It was pointed out that even once institutions are merged, it will be
necessary to review and streamline the processes involved, and that such a review should be
undertaken as soon as the details of the planned merger have been clarified.
Summary of action points
For ease of reference, the agreements reached are summarized below:
• The tippan record should be scanned as early as possible to prevent further deterioration.
There also appears to be value in scanning the village maps and linking this information to
Bhoomi to form an index map. A strategy to do so should be elaborated.
• Different technical options to resurvey and update the spatial data in rural areas should be
systematically identified, evaluated and costed in light of existing experience and needs on
the ground to provide the basis for a more informed decision on how to move about selective
re-surveys.
• The Revenue Department should build on the spatial data generated by DMA and BMP
instead of trying to conduct its own surveys. The latter agreed that they would make their data
available to the Revenue Department for this purpose and to coordinate efforts to provide
extracts to property owners as a first step of verification.
• The various approaches adopted by gram panchayats should be evaluated more
systematically with a view towards their cost and replicability as an input into a strategy
towards closing the gap between rural and urban lands and for Revenue to collaborate with
local governments on improving their property data base.
• A study of the current and future users of Bhoomi (RTC), to identify a core set of data that
needs to be captured, and to propose strategies for capturing and making available, possibly
on a cost recovery basis, other data that are currently included in the Bhoomi database will be
undertaken by the Revenue Department.
• The Revenue Department will explore possibilities to improve connectivity, especially with
sub-registries and making Bhoomi information more widely and publicly available.
• Building on the link between Bhoomi and KAVERI as well as experience of automating
mutations in other states, to simplify processes and suggest potential institutional changes
that could be facilitated by more fully exploiting existing technology will be explored.
• Based on available data from DMA and BMP and a time plan for the completion of the effort,
the Revenue Department will develop a strategy for systematic validation of these data and
the content and implementation of a “urban Bhoomi”.
The Secretary e-Governance offered to take these issues forward by forming a smaller working group
that would periodically report to the Minister.
Conclusion
For the World Bank, Klaus Deininger thanked the Department of Revenue for organizing this
workshop to bring together all of the main stakeholders in a highly and all the participants for their
contributions and willingness to put aside traditional institutional barriers in the interest of providing
greater security of property rights to land and making the institutions dealing with these rights more
efficient and effective. He appreciated the strides Karnataka has made and the scope this provides for
other Indian states, as well as the lively and open discussion at the workshop and indicated that the
World Bank would consider any request for further technical or financial assistance to help this
process forward. Following a note of thanks by G. Sathyavati, Deputy Secretary (e-Governance), the
workshop was closed by M.P. Prakash, the Hon. Minister for Revenue and Parliamentary Affairs.

Draft (17 January 2005) – not for citation. 75


List of participants:

Sri M.P.Prakash
Hon'ble Minister for Revenue & Parliamentary Affairs,
Government of Karnataka

Sri Vijay Gore


Additional Chief Secretary
Government of Karnataka

Mr.Klaus Deininger
Lead Economist
World Bank

Smt.Shamim Banu
Principal Secretary
Urban Development Department

Sri S.M.Jaamdar
Secretary
Revenue Department

Sri Lukose Vallatharai


Secretary
Revenue Department

Sri T.R.Raghunandan
Secretary
RDPR

Sri Ravi Kumar


Secretary
Urban Development Department

Sri C.Krishnappa
IGR
Stamps & Registration

Sri Rajeev Chawla


Special Secretary (Bhoomi)
Revenue Department

Sri G.V.Ramachandra Rao


Director
Survey Settlement & Land Records

Sri V.M.Hegde
Director
Town Planning Department.

Sri Ramesh Ramanathan


Founder
Janaagraha

Draft (17 January 2005) – not for citation. 76


Sri H.Ravindranath Rao
General Manager
Syndicate Bank

Sri A.Vijaya Kumar


Manager
Corporation Bank

Sri Vinay Vijay Dev


Nodal Officer
Municipal Administration

Brig.N.R.Ananth
Director
Karnataka Geo-Spatial Data Centre Survey of India

Mr. Kevin Nettle


Senior Associate
Land Equity International Pty Ltd, Australia

Mr. Tony Burns


Managing Director
Land Equity International Pty Ltd, Australia

Sri V.N.Tippanagouda
AIGR (Audit)
Stamps & Registration

Sri Honne Gowda


Director
Remote Sensing Application Centre.

Sri B.V.Sarma
State Informatics Officer
National Informatics Centre

Sri P.V.Bhat
Technical Director
National Informatics Centre

Sri Shankar Narayan


Joint secretary
Revenue Department

Sri Bhat
Survey of India

Draft (17 January 2005) – not for citation. 77


Annex 3 – Persons Consulted
Phone No.
Sl. Country Code:
Name Designation Department Mobile No.
No. 91; Std Code:
080
1 Mr. Rajeev Chawla Special Secretary E-Governance 22259109 9844311600
2 Mr. V.M. Hegde Director Town Planning 22258988
Chief Executive Karnataka Industrial Area Development
3 Mr. Harish Gowda 22211066
Officer Board
4 Mr. Veerabadraiah Commissioner Bangalore Development Authority 23360843
5 Mr. P.RaviKumar Secretary Urban Development 22353942
6 Mr. C.Krishnappa IGR Stamps and Registration 22210246
7 Mr. T.R Raghunandan Secretary Rural Development & Panchayath Raj 22384574
8 Mr. S.M. Jamdar Secretary Revenue 22252731
9 Mr. Lukose Vallathrai Secretary Revenue
Special
10 Mr. Subhash Chandra Bangalore Mahanagar Palike 22223199
Commissioner
11 Mr. Ramachandra Director Survey Settlement & Land Records. 22212408
12 Mr. Thippanna Gouda District Registrar Stamps and Registration 22210246 9448182323
13 Mr. Nilay Mithesh Director Municipal Administration 22866302
Survey Department, Maddur Resurvey
14 Mr. Shridhar 08232 - 236904 9448505218
Office.
15 Mr. Krishna Kumar Planning Officer JDT 22975590
Mr. Ramesh
16 Founder Janagraha, NGO 9845044765
Ramanatham
17 Mr. Jagannath Director Director Judicial Academy 22382729
Spatial Technologies (India) Ltd 040
18 Mr. Ambati R Rao CEO 040 27747174
Seconderabad 27747173

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Phone No.
Sl. Country Code:
Name Designation Department Mobile No.
No. 91; Std Code:
080
19 Mr. Vinay Nodal Officer Municipal Administration 9448227300
20 Mr. Ravindranath Rao General Manager Syndicate Bank 22201903
21 Mr. Ramani IT Advisor Remote Sensing Office
22 Mr. Mukund Bangalore Development Authority
23 Mr. Ramu Consultant Survey of India
24 Mr. GuruMurthy Shiresthedar Bhoomi Monitoring Cell 22355174
Mr. Jean-Phillippe French Project Metropolitan Spatial Data Infrastructure
25 23369896
Lestang Leader Project
General Manager,
25 Mr. R Prabha CANARA Bank 22221581 984433253
Priority Credit Wing
Assistant General
26 Mr. K S S Kamath CANARA Bank 22233308
Manager
27 Dr. P Virupakshi Fellow NRDMS Center, Minividh Soudha 23394537
28 Mr. Raju Thematics 26771104

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Annex 4 – Legal Status of Urban Bhoomi
The proposed option for extension of Bhoomi to urban and non-agricultural areas is
by using records developed by the local authorities. If that is done urban Bhoomi
would then be a useful land information system but may be lacking in legal status.
Its legal status would be dependent on the Land Revenue Act, 1964 and the Land
Revenue Rules, 1966. The following provisions of the Land Revenue Act and Rules
are relevant:
Land Revenue Act, 1964
Section 152, which provides that, if the State Government at any time deems it
expedient to direct a survey of any land within the site of any village or the limits of
any city or town such survey shall be conducted in accordance with Chapters IX and
XII of the Act. (These Chapters deal with surveys and determination of boundaries.)
Section 153, which provides that when a survey is ordered under S.152 within a city
or town containing more than 5,000 inhabitants –
(a) a notification shall be published inviting persons having an interest in the land
to attend for the purpose of supplying information;
(b) each holder of a building site shall be liable to pay a survey fee.
Section 154, which provides that the holder of a building site for which a City Survey
is carried out under S.152 is entitled to receive a certificate in the form prescribed
specifying the plan and description and the extent and conditions of his holding.
Land Revenue Rules, 1966
R. 82 Survey of building sites in the limits of any Village, Town or City, the boundary
of which has been determined under S. 148 shall be by theodolite traverse system
for the preparation of a framework for the detailed survey work and by Plane Table
for the building sites.
R. 83 When building site determined under S. 152 the following records shall be
prepared:
(a) enquiry registers showing the details, such as the name of the holder, area of
the building site, assessment etc.
(b) register of encroachment cases;
(c) register of unauthorized conversion cases;
(d) register of building sites (ie. Property cards or registers in Form 13)
(e) certificate of building sites;
(f) register of certificate fees.
R. 86 The certificate to be granted under S. 154 shall be in Form 9.
R. 88 On receipt of changes in the rights over building sites ……..
(a) through intimation slips from the Sub-Registrar, or
(b) by virtue of orders of superior officers, or
(c) due to changes notices during inspection by the City Surveyor,

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(d) the City Surveyor shall effect mutations in property cards or property registers.
R. 89 After the mutation is effected in the property cards or registers, notice to be
given in accordance with S. 129(2).
For the urban Bhoomi to have legal status it would have to be regarded as the
property card record and this would seem to be the best objective. It is clear that, as
a matter of law, property records may be kept by the Revenue Department where the
land is a building site which has been the subject of a survey under S.152. So, the
question is whether lands, the information for which has been initially collected by the
local authorities, can be regarded as the subject of a survey under S.152. If the
responsibility of the City Surveyor can be delegated to the Municipality or
Corporation it would seem possible, subject of course to amendment of R.82.
However, it has been proposed to amend the Revenue Act Rules to include a new
Chapter XIIA dealing with Record of Rights in cities, towns and villages and a draft
has been prepared. Rule 93-C authorizes the City Surveyor to prepare the record of
rights based on the best available evidence from household enquiry and property tax
records. This amendment is obviously more in step with the proposed approach to
creating urban Bhoomi. But it still raises a question as to whether the City Surveyor
must carry out the survey or whether it can be carried out by the Municipality or
Corporation.

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