Land Governance Policy
Dialogue:
Achievements in Bihar, India
Babu Lal Mishra – Chandragupt Institute of Management Patna
March 14, 2016
Background
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
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
In India, land policy is determined at the state level
The state of Bihar accounts for 2.88 per cent of India’s
land mass but supports 8.58 per cent of the country’s
population.
Bihar – 103.8 Million people, 89 per cent rural
Pioneer in policy innovation: new Acts in 2009, 2010
and 2011 on issue like dispute resolution, Land Tribunal,
Agricultural land conversion Act, land mutation; special
survey and settlement; land purchase policy for
homestead lands. Bihar Khasmahal Policy, 2011 for
urban areas
Background


LGAF: august 2013- June 2014 – implemented by
CIMP;
Comprehensive policy analysis, better data, to
evaluate
performance,
acts
and
assess
implementation
Key issues identified
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Rural land records are not updated regularly,
presumptive and lack spatial reference; Records are
not updated automatically and not all transactions
registered
Urban land records are incomplete, presumptive and
not spatially referenced; High level of housing is in
violation with urban regulations
Urban development and expansion is unplanned and
reactive
Assigning ownership to forest lands (FRA)
assignment of institutional responsibility hampered by
lack of clarity
Key issues identified
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Insufficient use of legal and administrative
opportunities to enhance women’s access to land
Public lands not protected nor managed effectively
Transfer of public land to private investors does not
always serve growth and contribute to inequity and
conflict
Tax collection should be improved and rationalize
exemptions
Enhance effectiveness of dispute resolution
mechanisms
Key policy recommendations
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Complete Special Survey, Computerization and
Digitization of record of rights and maps based on
special survey in a time bound programme
Set up unified system for collection and collation of
data for land possessed by different State
Government Departments, Central Government
Departments and Public Sector Corporations for
efficient management of land in future
E-linking of registry office computer with circle office
for automatic mutation and updating of land records
Key policy recommendations
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
Mandatory Enumeration of Common Property
Resources and Common Land in National Sample
Survey
Bring down stamp duty on registration of sale deed
at par with other states (aim for 5%)
Start vigorous time bound programme focusing on
giving possession to dispossessed persons, with
proper co-ordination between revenue and police
officials
Key policy recommendations
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Need based system of summary trial to
dispossession cases in rural areas
solve the
Develop effective Grievance Redressal machinery for
Land disputes, specially for oppressed communities
Strengthen land related departments with adequate
trained manpower and infrastructure for effective land
governance
Key policy recommendations
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Set up a State Land Use Policy for rural land, based
on existing laws and policies
Set up a Land Use Board in Bihar for making 10-15
years Perspective land use plan and monitoring its
implementation
Ensure uptake of recommendations
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Involved state government in panel discussion and state
validation workshop
State Government nominated one Nodal Officer for
liasoning
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Shared findings with all concerned departments
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Government response achieved on certain issues
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Establishment of core committee on land reforms
(2014)
 multistakeholder
& interdisciplinary (govt dept, CSO,
academics, activists)
Ensure uptake of recommendations

4 Sub-committees constituted:

Land related legal issues

Homestead land

Surplus/ceiling land;

Bhoodan land

Membership increased from 23 to 26

Almost monthly meetings – 19 meetings helds
Achievements since 2014
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14 administrative orders have been issued by the govt

Draft State Land Use Policy

Operation to ensure effective possession of lands
assigned to poor for homesteads and other purposesOperation Dakhal Dehani
 1,6
m out of 2,3 m. now confirmed with rights fully
recorded
Achievements since 2014
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Improvement in Homestead land distribution
policy/norms
Amendment in BLDR Act to make dispossession as a
cognizable offence
Rationalization of administrative procedures
Capacity Building for revenue and land reform officers
Monitoring
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Started regular review meetings at district and sub
divisional level
Structured /evidence based IT monitoring of progress
on key issues (#transactions; # mutations ; # gaps#
dispossession; #allotments; #disputes)
Monitoring
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Example - Surplus Land Received from Land Ceiling
Format
District wise information
Surplus Land received upto last financial year
Surplus Land received during the month
Surplus land received upto this month
Total Surplus Land Received
Distribution of the land amongst different social category
Balance Land Available
Land Unsuitable for distribution
Lessons learned
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Multi stakeholder: Successful Model for consultation,
implementation and monitoring
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Regular review meetings
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Effective Monitoring
Next steps
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Wider dissemination of the findings
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Creation of LGAF Cell
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Monitoring by independent agency/third party
THANK YOU