Farmer authenticity certificate and revenue title legal reality

People oriented

Guidance - - H.S. Patel IAS (Retd.)

- It is necessary to enact the law of "Right to Land Title" suggested by the Government of India

By means of earlier series of articles, under the provisions of Ganotdhar and Agricultural Land Administration Act-1948, Section-54 of the Saurashtra Gharkhed Ordinance, Kutch and Vidarbha Act, a non-agricultural person cannot acquire agricultural land without the permission of the Collector and even by will or will even in violation of the provisions of Section-63 of the Gonatdhara. In order not to acquire the status of agriculturist by holding agricultural land, detailed legal provisions including the judgment of the Supreme Court have been clarified and if the notes are approved by the certifying officer even from the purchase/will wrongly in the title deed, then action under Section-84C of the Act will be entered into the Land Government. It has also been stated, but I present the logical reasons for canceling the provision of getting Khidur Khaari certificate in the transactions of genuine and genuine farmers so that the farmers are disturbed based on the circular of the revenue department. If the government's approach to genuine farmers is Ease of Doing Business, then why is 'Khedut Kharai Certificate' sought and the reasonable, legal reasons for canceling this are as follows.

The revenue records have been computerized since 2004 by the revenue department of the state government and now all the revenue records are available online along with the right note and when the revenue officials have access to all these records can be verified online. Why Khedu Kharai Certificate is required for Khedu Kharai Notes (Sales Transfer) This verification is the responsibility of the Onus revenue system, while on the other hand there are cases where a farmer certificate is issued showing the land of another village / taluk based on the approval of the record of the non-farmer by the concerned provincial authority, when the farmer ledger has been given legal form. This is a specimen of certificate as farmer. So that the revenue department of the state government must inform every collector that according to the legal provision every farmer should give a 'farmer's ledger' to the householders and it should be considered as a standard document and the notes of the entitlements should be certified and if the existing provision of obtaining the farmer's certificate is canceled in the farmer's register, Lokbhagya Vahivat will be proved. will happen 'Revenue Title' is an important topic and will be explained in the next article.

Now the related issue with Khedut Kharai Certificate of 'Revenue Title of Land' is provision to update Khedut Ledger every year as the status of Khedut Kharai holding agricultural land while the Land Revenue Act has provided for the provision of Khedut Kharai Certificate. That purpose is achieved but despite the provision of the law to provide farmer ledger in real form and collect the fixed amount, this is not being done and due to rising land prices in the present time, there are wrong transactions in the land transactions especially in urban / developed / industrial / areas. Disputes are raised by challenging the fake document as well as the notes of the previous right, so the 'title' of the land is confirmed. Now if they want to get a loan from banks or to approve a construction project in 'RERA', now they want to have the title of the land secured, so that the government of India does not have to go through a long process even for the people who own the land/property. The provisions of the Model Act under "Right to Land Title" have been sent to every state and to give it a legal form, when a state like Gujarat is a progressive and developed state, it is necessary to enact the law of "Right to Land Revenue Title".

With the above background, the existing provisions of Chapter-10 of the Land Revenue Act on title deed / in case of land transfer transactions, certified entries of title deed are to be accepted unless proved to the contrary. According to the principle of Unless Contrary Proved, there is Presumptive Value and the provisions of title deeds and the Land Revenue Act are only a mechanism for collection of land revenue as a part of keeping revenue records up to date and the power to determine the owner's right when there is a dispute over land/property as decided by the Supreme Court. to the civil court and the decision of the civil court determining the ownership right is to be accepted and the title sheet is to be modified accordingly and if any party takes recourse to the court in a sequential manner against the order of the civil court, then according to the judgment of the High Court or the Supreme Court, it is to be noted in the title sheet and approved. is At present in Gujarat, when an application is made to the revenue system for conversion of agricultural land to non-cultivation or in the process of conversion of land from new condition to old condition, circulars of the government revenue department have been verifying the notes of the title deeds since 1951, even though all these notes were earlier certified by the revenue officials and the transactions were accepted for years. Although later it is rejected on flimsy grounds as violation of various laws, so if the government side has given legal form to Khedut Ledger, but it is not implemented while on the other hand verification of all the previous records of the owner as part of 'Khedut Kharai Certifikat' and title verification is done. In order to avoid the process, when the Government of India has proposed to enact a law on land titles, immediately if this law is given to the Land Revenue Title of the owners, it will be considered as "Conclusive Proof" and due to this, there will be a great relief from the long legal / administrative process and this will also be easy to do. This is because the computerized record is available with all the earlier notes and holding of the village sample no. Enacting a "Right to Land Revenue" Act like the addition of a chapter on 'Right to Land Revenue' in the Land Revenue Act of 1904 would prove to be in the overarching public interest.