Untangling the Complexities of Dharani: A Path to Reform

Introduction

The Dharani portal (“Dharani”), governed by the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (“RoR Act”), is a digital platform designed to streamline land records management along with systematic conveyance and registration of immovable property in Telangana. It was envisioned as a revolutionary step towards transparent and efficient land administration. However, since its inception, Dharani has encountered various challenges, leading to significant disruptions in the process of title due diligence. This article delves into the key lapses in Dharani and its rectification by the new Telangana Record of Rights Bill, 2024.

Lapses in Dharani

Justice K Lakshman of the High Court of Telangana observed that “the idea behind introducing Dharani is to reduce human intervention and weed out red-tapism in the maintenance of records. The irony is the same complaints are continuing even after its emergence” [1] , while identifying more than twenty problems in Dharani.

While Dharani aimed to simplify and digitise land records, it has unfortunately introduced several complexities that had a profound impact on title due diligence, including the following:

1. Incorrect and Inconsistent Data: One of the most prevalent issues is the presence of incorrect or inconsistent data within Dharani. Survey numbers are often incorrectly entered in the records or inaccurately included in prohibited property lists which leads to confusion and potential legal disputes. For example (a) omission of few survey numbers / sub-survey numbers, or recording wrong survey numbers in the records; (b) inclusion of entire survey number in the prohibited property list instead of a small portion of such land or inclusion of multiple extents of one survey number in the prohibited property list without specific details to sub-division with respect to such land, etc. Further, the discrepancies between physical and digital records also caused significant problems during land transactions.

2. Lack of Transparency: Absence of an appellate mechanism against the actions of collector within Dharani has created a vacuum of accountability. Consequently, land owners have limited recourse to rectify these issues, leading to prolonged legal battles and financial burdens.

3. Incomplete and Inaccurate Records: Dharani often lacks essential details such as sub-survey numbers or complete omission of data pertaining to survey numbers, hindering comprehensive title verification. Such omission of data increases the risk of overlooking potential encumbrances or ownership disputes.

4. Inaction in Issue / Updating the Patta-Passbook: The process of issuing / updating patta- passbooks to landholders has been plagued by delays and inconsistencies. This delay not only causes inconvenience to the landowners but also complicates title verification for potential buyers due to the patta-passbook’s crucial role in establishing ownership.

Along with defeating the entire purpose of introduction of Dharani due to improper implementation on ground level, these lapses collectively pose a significant challenge to the process of title due diligence. Lawyers and property investors are forced to invest additional time, effort, and resources to conduct thorough verification beyond Dharani. This increased burden not only delays property transactions but also elevates the risk of unforeseen legal complications.

Rectification of Lapses: The Record of Rights Bill

Telangana government is poised to introduce the Telangana Record of Rights Bill, 2024, aiming to rectify shortcomings in the existing RoR Act. The new bill focuses on streamlining land record processes, simplifying application procedures, reducing the number of modules, and establishing a clear grievance redressal system.

1. Transparency: A key enhancement in the bill is the introduction of a robust appellate mechanism. The new structure empowers the Revenue Divisional Officer as the first appellate authority, with an additional collector overseeing appeals. The Office of the Chief Land Administration will manage higher-level appeals, providing a systematic review process that
facilitates easier and quicker resolution of issues.

The bill also addresses the determination of land rights, specifically the concerns pertaining to succession claims. Unlike previous statutory provisions which allowed for such claims without proper scrutiny, the new bill mandates public objections before conferring land rights, adding transparency and preventing disputes. This measure aims to ensure fairness in establishing land rights.

2. Accuracy, Effectiveness and Surveillance: To make the new system more effective and accurate, the government had planned to involve rural communities in developing the bill. District collectors and officials were engaged with farmers and landowners to gather feedback, to ensure that the needs of the people are adequately met.

Additionally, the bill introduces access to certified copies of land records, a feature which is absent in the Dharani portal. The bill also grants tahsildars the authority to halt auto mutations in cases of suspected fraud during property transfers.

Conclusion

The 2024 bill marks a major shift in Telangana’s land administration, focusing on simplification and user accessibility. It aims to address the previous shortcomings by streamlining land record management, reducing legal and administrative hurdles for landowners and buyers. Key reforms include a stronger appellate system, improved transparency in succession claims, and the involvement of the rural community. If enacted, the bill could enhance transparency, fairness, and efficiency in the state’s agricultural and real estate sectors.

References:

[1] Common order in writ petition nos. 39609, 45906 and 46008 of 2022 and writ petition no. 10150 of 2023 filed in the High Court of Telangana.