How can special Act solve Dharani glitches, asks Telangana HC
The main contention raised in the PIL is that the provisions of the impugned Act are violative of Article 14 of the Constitution of India
HYDERABAD: The Telangana High Court on Wednesday issued notices to the state government, directing it to explain how the newly enacted Rights in Land and Pattadar Passbook Act, 2020, could address the glitches in Dharani portal.
A division bench comprising Chief Justice Satish Chandra Sharma and Justice A. Rajashekar Reddy was dealing with a PIL filed by filed by C. Damodara Rajanarsimha, former Deputy Chief Minister, challenging the constitutional validity of the new Telangana Rights in Land and Pattadar passbook Act, 2020.
The main contention raised in the PIL is that the provisions of the impugned Act are violative of Article 14 of the Constitution of India.
The Act, while having provisions for cancellation of fraudulent issuance of passbook for government land, has not provided for any mechanism regarding fraudulent issuance of passbook for private lands and for cases pertaining to missing extents, missing survey numbers, wrongful inclusion of names other than that of the owners and others, according to the PIL. L. Vani, counsel for the petitioner, pointed out the lacunae in the new Act, which came into force on 19 September 2020, by repealing the old ROR Act, 1971.
The counsel submitted to the court that updating of revenue record was possible only when the land was acquired by way of sale, gift, mortgage or exchange; or a right acquired over the land through succession survivorship, inheritance or when the land was acquired by way of a court decree. “Except for these specific cases, the impugned enactment does not provide for updating or rectification of record. For instance, for any right which has been extinguished by way of a registered cancellation deed, cannot be updated in the records of right, that is to say a person whose rights have been cancelled in respect of a specific property continues to be a pattadar under the record of rights that is maintained under the new enactment,” she explained.
The counsel also highlighted the issue of land owners, who got the rights over land through various modes and now facing difficulties to get their names entered in Dharani portal.
“There are several other legislations in force in the state of Telangana which enable a person to acquire absolute right over agricultural land. A person acquires any rights through these other laws, cannot get the record updated under the impugned enactment. That apart, when a person obtains an assignment of land from the government, such assignment can also not be updated in the record of rights,” Vani explained to the High Court.
C.V. Bhasker Reddy, counsel for the state, explained that the government had enacted the special Act to maintain registration of agricultural lands in the state, in order not to make entries without knowing the land owners. Reacting to it, the Bench asked why there was a special Act and issued notices.