2014年-世界发展银行全球_Land_Governance_Assessment_Framework___Andhra_Pradesh_235页_2mb

Land Governance Assessment Framework (LGAF) - Andhra Pradesh Final Report (2014)

Core Content

This report presents a comprehensive self-assessment of land governance in Andhra Pradesh using the Land Governance Assessment Framework (LGAF). It evaluates various dimensions of land governance, including land rights recognition, forest and common land rights, rural and urban land use, public land management, and dispute resolution. The analysis was conducted by a team of expert investigators with support from the Centre for Good Governance (CGG) and validated by the State Coordination Committee for Land Governance (CCLA).

Main Findings

1. Land Rights Recognition

• Legal Framework: The state has a comprehensive legal framework, including land reforms post-independence, abolition of intermediaries, and tenancy laws.
• Implementation Gaps: Despite these laws, implementation is lagging. For example, only 2.34 lakh hectares of surplus land were distributed out of 3.37 lakh hectares declared.
• Tribal and Women's Rights: Tribal lands are legally protected but not enforced, and over 48% of land in scheduled areas is held by non-tribals. Women's land rights are not fully recognized, with only 50-70% of land grants recorded in their names.
• Tenancy Issues: Most land leases are informal, and tenants often lack formal recognition, affecting their access to credit and subsidies.
• Title Recognition: The state lacks a system of conclusive titles, and records are based on presumption. This leads to legal disputes and the burden of proof on citizens.

2. Right to Forest and Common Lands & Rural Land Use Regulations

• Forest Legislation: The AP Forest Act, 1967 defines forest boundaries and user rights, while the Forest Rights Act, 2006 recognizes community rights.
• Land Use Restrictions: Regulations prevent conversion of agricultural land for non-agricultural purposes, but enforcement is inconsistent.
• Community Lands: Common lands such as forests and grazing areas are not properly recorded or managed, leading to conflicts with the forest department.
• Porambokes: These are common property resources that are not easily alienated, but the government has relaxed restrictions, causing friction with customary users.

3. Urban Land Use, Planning and Development

• Urban Planning Laws: Urban land use plans are governed by the Andhra Pradesh Town Planning Act, 1920, and the Hyderabad Metropolitan Development Authority Act, 2008.
• Formal Housing: About 70-75% of urban housing is formal, and there is a push for apartment culture and condominium management.
• Informal Tenure: Slum dwellers lack legal recognition of tenure, despite informal recognition by local bodies.
• Housing Schemes: The state has implemented several housing schemes, but there is a shortage of dwelling units and inconsistent implementation.

4. Public Land Management

• Public Lands: Public lands are managed by various government departments and are not always accessible for public use.
• Land Encroachment: Many public lands are encroached upon and not properly demarcated or updated in records.
• Compensation: A compensation system exists for land acquisition but not for land use changes. Only 50% of expropriated land owners receive compensation within one year.
• Transparency Issues: There is a lack of transparency in land transfers and benefit sharing, with limited third-party monitoring.

5. Transfer of Large Tracts of Public Land for Private Purposes

• Land Acquisition: The state acquires land for industrial parks, SEZs, dams, and mines, often for private use.
• Eminent Domain Misuse: The use of eminent domain has been criticized for lack of transparency and consistency.
• Private Profits: Investors often benefit from low pricing and limited value capture, while public interests are not well protected.
• Legal and Judicial Intervention: Courts have increased scrutiny and accountability for land transfers, particularly in response to public interest litigation and civil society activism.

6. Land Information Management - Registry and Cadastre

• Land Records: Over 90% of agricultural land has ROR, but 30% of records are estimated to be incorrect.
• Digitalization: ROR records are digitalized and accessible through MeeSeva centers, but not verified before digitization.
• Village Maps: Village maps are outdated, with only 49% in good condition. There is no cadaster for urban land.
• Registry Access: No centralized database exists for tracking land transfers, allocations, and related financial terms.

Key Policies and Best Practices

• Inam Abolition Act: Abolished inam lands and recognized long-term possession.
• Jagir Abolition Act: Implemented to abolish jagir lands and ensure equitable distribution.
• Tenancy Law in Telangana: Improved tenant rights and formalized lease agreements.
• Land Distribution: Government land is distributed for agricultural and housing purposes, though many beneficiaries do not have formal land records.
• Land Grabbing (Prohibition) Act, 1982: Addresses land grabbing disputes and aims for expeditious resolution.
• MeeSeva Project: A digital initiative for land record management and public access.
• Registry on Village Walls: A method to disseminate land information to the public.
• Bhoobharathi Programme: Aims to regularize unauthorized layouts and land encroachments.
• Loan and Other Benefits Eligibility Cards (LEC): Help tenants access benefits, but only 5.10 lakh were issued in 2011-12.

Policy Recommendations

• Strengthen implementation of existing laws and regulations.
• Ensure legal recognition and protection of women's and tribal land rights.
• Improve transparency and accountability in land transfers and acquisitions.
• Establish a centralized database for land records and public land management.
• Enhance enforcement of land use regulations and improve monitoring mechanisms.
• Promote the use of digital tools for land record management and public engagement.
• Address the backlog of cases and ensure timely resolution of land disputes.
• Regularize unauthorized land use and encroachments in a fair and transparent manner.

Conclusion

The LGAF assessment highlights significant challenges in land governance in Andhra Pradesh, particularly in implementation, transparency, and legal recognition of rights. While there are notable policies and initiatives, their effectiveness is limited by poor enforcement and systemic inefficiencies. The report underscores the need for policy reforms and institutional strengthening to ensure equitable, transparent, and sustainable land governance.

Overall Scorecard

• The report includes an overall scorecard for each of the nine LGAF dimensions, providing a quantitative assessment of the current state of land governance in the state.
• Scoring is based on the extent of implementation, legal compliance, and transparency in land management practices.

Institutional Support

• The Centre for Good Governance (CGG) provided institutional support for the LGAF process.
• The State Coordinator and a team of expert investigators conducted the assessment.
• The Technical Advisory Group (TAG) ensured quality and provided backstopping for the entire assessment process.
• The process involved collaboration with Nodal Officers from relevant government departments and public consultations.