Transparency and justice in land record digitization in J&K is a must

1 September 2024

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The recent efforts to modernize and digitize revenue records in Jammu & Kashmir are a welcome step toward enhancing transparency and efficiency in land administration. Chief Secretary Atal Dullo on Friday emphasised upon time bound digitization of whole repository of revenue records of all the revenue villages of J&K. It was revealed that almost 100% scanning of revenue records has been done in addition to digitization of RoRs/Jamabandis of revenue villages. However, these initiatives, however well meaning, have also sparked significant controversy and concern among legal landowners, particularly due to the arbitrary nature of the recent land settlement process and the reassignment of khasra and khewat numbers.

This confusion, which has led to widespread disputes and legal battles, highlights the urgent need for a more transparent, just, and participatory approach to digitizing land records.

The arbitrary reassignment of khasra and khewat numbers during recent land settlements has left many landowners in a state of confusion and distress. In numerous instances, individuals have been informed that the land they possess and have legal documents and Revenue maps for no longer falls under the same identification number. This has resulted in significant disruptions, with some owners being told that their land may be reassigned to a different location.

This situation is being exploited by those who do not have legally owned and registered lands and have used various illegal means, like frivolous gift deeds outside of family transactions, and have misled the Revenue Department officials about their illegally held lands.

Such practices not only violate the principles of fairness and transparency but also undermine the very purpose of the land digitization process, which is supposed to protect the rights of landowners and streamline land-related transactions. Instead, the current approach has led to an influx of court cases, overwhelming the already burdened judicial system and diverting valuable time and resources away from productive economic activities.

For the digitization of land records to be effective and just, it must be grounded in transparency and active participation from all stakeholders, particularly the landowners themselves. Before making any changes to land records, the local officials should engage in thorough consultations with landowners, local communities, and other stakeholders.

This would ensure that any adjustments are made with the full knowledge and consent of those affected, reducing the likelihood of disputes and legal challenges.

The digitization process must be accompanied by robust legal safeguards that protect landowners’ rights. Any grievances or disputes should be addressed swiftly through a fair and transparent mechanism, minimizing the need for protracted litigation. The current wave of court cases stemming from land disputes is not just a legal issue; it is an economic one. When landowners are forced to spend years in court defending their property rights, the economic productivity of J&K suffers.

Farmers who are embroiled in legal battles over their land cannot focus on production, leading to reduced agricultural output and economic uncertainty.

Moreover, the judicial system in Jammu & Kashmir is already under considerable strain, with a backlog of cases that delays justice for many parties involved. The additional burden of frivolous land disputes further clogs the system, leading to delays in other critical legal matters and undermining public confidence in the rule of law. By ensuring that the land digitization process is conducted in a transparent and just manner, the government can prevent these unnecessary legal battles and promote J&K’s economic productivity through affirmative action. A fair and equitable approach to land records will not only uphold the rights of landowners but also promote economic stability and growth in Jammu & Kashmir.