Briefing Paper
(Samajweekly) Bihar’s “third survey” for land consolidation is linked to NITI Aayog’s Model Conclusive Land Titling Act and biometric authentication through Aadhaar Number for conclusive land title. Significantly, any violation of fundamental rights and constitutional rights in the process of special survey for land consolidation will have no legal remedy in the Courts and Tribunals because the laws under which this exercise is being undertaken are under the Ninth Schedule and Article 31 B of the Constitution of India. It has implications for social policies guided by indiscriminate digital and biometric profiling.
The first survey happened during 1898-1920. Cadastral Survey was undertaken under Bengal (Bihar) Kashtkari Adhiniyam, 1885. The word ‘cadastral’ means a public record of the extent, value and ownership of land for purposes of taxation. This type of survey involves the preparation of village maps showing the boundaries of groups of holdings, large scale plans of survey fields showing the boundaries of each holding, topographical details and all measurements, and land registers giving the number, nature, tenure, area assessment and reputed ownership of each holding. This survey is repeated from time to time when changes occur in occupation and in the boundaries of fields particularly when such changes are too numerous to be dealt with by the ordinary revenue staff. The term ‘cadastral’ has been derived from the French word ‘cadastre’ which means public register of ownership of parcel of land. In fiscal terms, it means a register of properties according to their value.
The second survey happened during the 1960s. This revisional survey of land started after the abolition of zamindari in 1950 but 12 districts of Bihar were not covered. “Revisional Survey” means survey operations initiated and conducted on the basis of the blueprint map of the cadastral survey in order to update the land records.
The third survey of the land for the consolidation of land is happening Bihar Special Survey and Settlement Act, 2011 and Rules under it and the related provisions of the Bihar Consolidation and Holding and Prevention of Fragmentation Act, 1956. The Bihar Special Survey and Settlement (Amendment) Rules, 2019 defines “Special Survey”. It means the construction of digital maps and construction and maintenance of record of rights to be made on the basis position of the property and ownership relating to the land with the help of modern technology by using aerial Photographs/Satellite Images – taking the latest position of land.” The special survey work has been pending at least since September 2020 after the amendment in the law in 2019.
Bihar special survey work for the raiyats/land holders has started in compliance with an Order No. 177 dated January 11, 2024 issued by the Directorate of Land Records & Survey, Government of Bihar and the order of Chief Minister dated July 3, 2024. Letter No.:- 252, dated August 24, 2024. A formal announcement in the format of Form-1 was made for village-wise land survey and settlement between August 1-7, 2024. A village-wise Gram Sabha is scheduled between September 16-30, 2024. The survey exercise and publication of the final record of rights is required to be completed by August 24, 2025.
For further details refer to the attached briefing paper.
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