Uncertainty prevails over the manner in which the government proposes to continue regularisation of lands transacted through Sada Bainamas (land transactions on plain paper) thanks to the High Court’s decision asking the government to stop processing more than 6.74 lakh applications received after October 29.
The government, according to experts in land issues, could easily resolve the stalemate by inserting clause pertaining to Sada Bainamas in the new Revenue Act which became operational from October 29. Insertion of the clause will enable the government to process the regularisation requests with retrospective effect. Towards this end, the government can convene a special session of the Legislature for amending the new Act. It could take to ordinance route if it feels that it is not an opportune time to summon the Legislature.
The government has decided to accept applications for regularisation of Sada Bainama transactions “as one last opportunity” and started receiving applications accordingly. Permission was accorded to the district Collectors to receive Form-X claims up to October 31 for regularisation of the same under Rule 22 (2) of Telangana Rights in Land and Pattadar Passbook Rules, 1989 read with Section 5(A) of Telangana Rights in Land and Pattadar Passbook Act, 1971 with June 2, 2014 being the cut-off date.
The process however hit a major road block as the new Revenue Act – Telangana Rights in Land and Pattadar Passboks Act, 2020 – has become operational from October 29, replacing the existing legislations. The new Act does not have provisions like Section 5 (A) of the 1971 Act relating to regularisation of lands transacted on plain paper and no applications can be accepted after October 29, the day on which it has been operationalised.
This has led to confusion and then filing of public interest litigation petitions in the court that culminated in the order restraining the government from processing the applications received after October 29. “The government should have retained some portion of the old act in the new legislation to avoid such confusion. At least a saving clause in utilising provisions of the old Act would have sufficed the purpose,” expert in land related issues and Nalsar University of Law professor M. Sunil Kumar told The Hindu.
Sources said the government could go ahead with regularisation process by making amendments to the latest Act inserting a clause pertaining to Sada Bainama transactions that would enable the government to receive applications for regularisation. Amendments to the new legislation would also enable regularisation of applications with retrospective effect and thereby, the government could clear the pending applications at one go without giving scope for future requests in this regard.
