The Kohima Bar Association (KBA) has urged the Nagaland government to intervene over the issuance and compulsory renewal of land pattas and the collection of land-related fees by certain village councils, arguing that such practices are not authorised under the Nagaland Village and Tribal Councils Act, 1978.
In a representation addressed to the Chief Secretary, the association expressed concern over what it described as an increasing trend of village councils in different parts of the state assuming functions beyond those provided under the Act, including issuing land pattas and collecting transfer fees, patta fees, renewal fees and other compulsory charges.
Citing Section 15(1)(g) of the Act, the KBA maintained that the role of village councils in transfers of immovable property is limited to according consent and maintaining written records of such transfers.
The association argued that the Act does not empower village councils to establish a system of land pattas, create proprietary rights, renew ownership documents or impose compulsory monetary charges relating to land ownership and transfers.
It also raised concern over the use of the term “patta”, stating that the term ordinarily refers to a grant, lease, settlement, allotment or recognition issued by an authority with the requisite legal authority over the land.
The KBA contended that the compulsory renewal of such documents, even after ownership has been established in accordance with law, lacked a clear legal basis under the Act.
Acknowledging the financial constraints faced by village councils, the association said government grants or budgetary support would be a more appropriate means of meeting their financial needs than collecting charges from citizens without express legal authority.
It suggested that the government consider framing rules under the Act to prescribe uniform and reasonable fees, if necessary, for the limited services of according consent and maintaining records of property transfers.
The association has asked the state government to issue a clarification that the Act does not authorise village councils to establish a system of land pattas, mandate their renewal or impose related compulsory charges. It has also sought directions to discontinue such practices and further measures to ensure uniformity, legality and certainty in land administration across the state.
The representation was signed by KBA Secretary Lhusisato Iralu and Vice-President Alezo Kire.