Shillong, Nov 09: There is an urgent need for the KHADC authorities to convene a special session to notify Rules for the 53 Hima in Khasi Hills – the absence and anomaly in the Indian Registration Act 1908 – added with the absence of legislation from the District Council has caused serious conflict at the ground level and leaving no option for indigenous people but to flood the courts and approach for relief with land disputes – a daunting task given the time taken in availing justice from the honorable courts.
The recent incidents at Mawdiangdiang and New Shillong areas, raises many questions – where, and who are the registration authorities ? ( Office of Syiem or KHADC or Deputy Commissioner – Registrar) – who in accordance to customary practices should register traditional land documents. What are the processes. The lack of synergy between the various authorities including lack of clarity in the process of registration is causing serious conflict at the ground for the poor people. They are unable to approach the courts due to their economic conditions. The time taken in the judicial system are also a deterrence towards quick delivery of justice for the indigenous poor.
Till date 80% of the indigenous population we register our land documents only in the office of the Dorbar of the Syiem. Of late those who want to avail housing loans, and those who want to mortgage their properties are compelled to register at the Registrar Deputy Commissioner’s office
Once again we draw the attention of the State Government and the District Administrators, to the Rules Legislated, by the KHADC, approved by the Government and assented to by the Governor of both Hima Nongstoin and Hima Maharam –The Administration of Nongstoin Syiemship Rules, 2006 andThe Maharam Syiemship (Administration ) Rules 2009 and it clearly states in the Nongstoin Rules in Section 11-RIGHTS FOR REGISTRATION (I) The Syiem and his Durbar shall have the right to register land or to issue a Non-encumbrance Certificate /Land holding Certificate or patta to the landowner in maccordance with the prevailing customs and usages of the Syiemship. In this regard a Record of Rights will be maintained in the office of the Syiem. (ii) No registration of land or any immovable property shall be granted by any authority without a No Objection or a land Registration from the Syiem and his Durbar. (iii) Evaluation of Registration of land shall be as follows :- (a) for the record of right only, the evaluation shall be done by the land owners himself/herself or as prescribed by the Syiem and his Dorbar. (b) The Registration of Land and Record of right meant for some other purposes, the evaluation of land shall be done as per the prescribed rate by the office of the Syiemship.
The same conditions and rules apply in the The Maharam Syiemship (Administration ) Rules 2009 Section 9. Land Administration : – Registration of Land is similar to the Administration of Nongstoin Syiemship Rules 2006
It can be clearly seen from above that the Rules are very clear about the Registration of Land and Property within Hima Nongstoin Syiemship and Hima Maharam Syiemship and similar customary practices prevail in all of Khasi and Jaintia Hills. Hence, there is urgency in legislating the Hima Mylliem and Hima Khyrim Act and Rules as a number of land disputes are being faced due to lack of clarity by the Deputy Commissioners office, the Government and at times even in the Higher Courts.
It is also ironic to note that even after 61 (1952) years of existence of District Council and after 41(1972) years of Statehood we are today in 2013 still faced with conflicts and doubts over ownership of land n Khasi and Jaintia Hills.
We therefore urge the KHADC authorities to convene a Special Session and to also hold a special meeting between the KHADC, the Deputy Commissioners under Khasi Hills, the Commissioner & Secretary, District Council Affairs, Govt of Meghalaya, the Commissioner & Secretary Law, Govt of Meghalaya, the Advocate General, Addl Advocate General, Govt of Meghalaya, and Standing Counsel, KHADC, to discuss and propose legislation that would synergise all the registration authorities ( Hima, KHADC, and DC-Registrar’s office) and to especially protect and identify the 16 category of Lands in the Khasi and Jaintia Hills.(SP News)
