Kerala's New Legislation to Grant Ownership Rights for Additional Land Discovered Through Digital Survey

A recent digital survey conducted across various villages in Kerala has uncovered a significant discrepancy in land ownership records. The findings revealed that approximately 35% of landowners possess more land than what is officially recorded in their documents. In response, the Kerala government is preparing to introduce a new law that will grant ownership rights for this additional land, potentially benefiting millions of landowners across the state.

The Discovery of Additional Land

The digital survey, which covered 206 villages, was initiated to create a more accurate and up-to-date record of land ownership in the state. The results were startling: out of the 28 lakh land parcels surveyed, 9.7 lakh parcels were found to have more land than what was documented in the owners' official records. This discrepancy has raised questions about the accuracy of traditional land surveys and highlighted the need for modernization in land record management.

Proposed Legislation: 

In light of these findings, the Kerala government, under the leadership of Revenue Minister K Rajan, is moving forward with the introduction of a new law. This legislation aims to regularize the additional land discovered by the digital survey and officially grant ownership rights to landowners for the extra land they possess. This means that if a landowner's property is recorded as 10 cents in official documents but the digital survey reveals that the actual land area is 12 cents, the landowner will be granted legal ownership of the full 12 cents, provided there are no disputes with neighbors or the government.

Implications for Landowners

The proposed law is expected to have far-reaching implications for landowners in Kerala. Currently, landowners can only sell or transfer the amount of land recorded in their official documents. However, with the new legislation, they will receive legal documentation for the full amount of land they actually possess, potentially increasing the value of their property. This move is seen as a major step towards resolving long-standing land ownership disputes and providing clarity and security to landowners.

One of the key features of the proposed legislation is that landowners will not be required to pay additional fees for the regularization of surplus land. This is expected to be a significant relief for many landowners, especially those from economically weaker sections, who may have been unable to afford the cost of legalizing additional land. However, if the digital survey reveals that a land parcel is smaller than what is recorded in the official documents, ownership will only be confirmed for the actual measured area, thereby correcting any overestimations in the land records.

The Role of Aadhaar in the Digital Survey

The digital survey process has been closely linked with Aadhaar, India's unique identification system. Aadhaar information has been made mandatory for landowners participating in the survey, ensuring that the data collected is accurate and that the correct individuals are granted ownership rights. This integration of Aadhaar with the land survey process is seen as a way to prevent fraud and ensure that the benefits of the new legislation reach the rightful owners.

Challenges and Considerations

While the new legislation is expected to bring numerous benefits, it also raises several challenges and concerns. One of the primary concerns is the potential for disputes between neighboring landowners, particularly in cases where the digital survey reveals that a land parcel extends beyond its recorded boundaries. The government has indicated that such disputes will need to be resolved before ownership rights for additional land can be granted.

Furthermore, the question of whether a fee will be charged for the regularization of surplus land remains undecided. While the current draft of the law suggests that no additional fees will be imposed, some experts believe that a nominal fee may be necessary to cover the administrative costs of processing the new ownership documents. The government is expected to make a final decision on this matter before the law is introduced in the assembly.

 A Step Towards Modernizing Land Records

The introduction of this new legislation is part of a broader effort by the Kerala government to modernize land records and improve the accuracy of land ownership data. The digital survey is a key component of this effort, and its findings have already prompted other states in India to consider similar legislation. The NITI Aayog, India's policy think tank, has recommended that all states enact laws to regularize additional land discovered through digital surveys, citing the potential benefits for landowners and the economy.

Conclusion

The upcoming legislation to grant ownership rights for additional land discovered through digital surveys marks a significant development in Kerala's land management system. By providing legal documentation for the full extent of land that owners possess, the law aims to bring clarity and security to land ownership in the state. As the government moves forward with finalizing the draft law, landowners across Kerala are hopeful that this new legislation will address long-standing issues and pave the way for a more accurate and fair system of land ownership.