Tuesday, September 3, 2024
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Who’s afraid of the Cadastral Survey?

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By Patricia Mukhim

As far back as 1975, Meghalaya’s Chief Minister, BB Lyngdoh who was a pragmatist had called for a cadastral survey of the entire State of Meghalaya so that (a) it is firmly established that Meghalaya actually measures 22,249 sq kms which is what it claims (b) it is also decided as to who owns how much land. In recent times, land that was designated as Forest Land has been redesignated as private land and has been rapidly built up. These include the land near the Shillong Garo Union School in Bivar Road and the place where the office of the National Peoples’ Party (NPP) has come up. In the book – The Development Dilemma: Displacement in Meghalaya 1947–2010 by Veronica Pala and Walter Fernandes, a lot has been written about the fact that Meghalaya’s land records are not in order; that Government is unaware as to how much land it actually owns and how much of revenue land has been converted to private land. In a state where land hunger is threatening to turn some into land ogres swallowing up everything they cast their eyes on, a time will soon come when the tribals of Meghalaya become landless not because the land is bought over by non-tribals which is the canard spread by those who want to throw the wool over our collective eyes but because the growing number of affluent tribals, mainly politicians are setting their eyes on every possible plot available in Shillong city and beyond – into the rural areas of the State where proposals for road construction and other infrastructure are being mooted.
The tribes of Meghalaya today live very precarious lives even as poverty and inequality are visible within this very city; not to talk of the poverty of access to resources in the rural hamlets. To add to the dilemma, this country has not had a census survey that was due in 2021 so we are all groping in the dark as far as the exact population and other statistics of Meghalaya and the country are concerned. In fact, Meghalaya has scarce data and most of us have to rely on the National Family Health Survey (NFHS) which is a fairly independent agency and the NITI Aayog which has been providing us statistics we cannot be proud of. According to the NITI Aayog data of July 2023 Meghalaya is ranked with Bihar, Jharkhand, Uttar Pradesh and Madhya Pradesh as the poorest states in India and the poorest in the North East. Meghalaya recorded 32.54 per cent of the population with multi-dimensional poverty, as per the National Family Health Survey (NFHS-5), against 27.79 per cent in NFHS-4. Ironically these statistics don’t seem to worry those in government and to work out policies that will look at this grave socio-economic scenario.
The people owning large tracts of land and property are (a) politician-businessmen/women (b) other businessmen/women (c) contractors (d) engineers/technocrats and others with dubious sources of income. The first category is continuing on their land purchase spree as there is no bar on how much land a person in Meghalaya can own. The question is whether this is a sustainable social structure in a tribal community. Landlessness in rural Meghalaya was reported to be as high as 76 % (socio-economic caste census, 2011). Is anyone worried about these statistics? Who should be worried about them? The tribals of Meghalaya today are sharply divided by a class hierarchy. We may not have the caste system but we are sharply divided into two sharp classes – the affluent whose own hectares of land and the poor roadside vendor who struggles for two square meals and can never think of owning a roof over her head.
Many ask why the need for a cadastral survey and some in government claim to have done some scientific survey but they refuse to share those findings with the public. Why? What is the purpose of the survey if all it does is give information to the upper echelons of government so that they can buy up more land than they will ever need? A cadastral survey is an important and specialized form of land surveying that is used to define and measure land boundaries for the purpose of creating and maintaining land ownership records and maps. It follows several fundamental principles, including accuracy, legal considerations, integrity, and respect for property rights. There are several different types of cadastral surveying, including boundary surveying, subdivision surveying, topographic surveying, and planning surveying. Cadastral surveying is a vital part of land development, real estate transactions, legal matters, and many other activities related to land ownership.
As stated above, the idea to have a cadastral survey in Meghalaya was mooted by various leaders in the past including former Chief Minister B B Lyngdoh. It was during the budget session of the Assembly on March 21, 1975, that Lyngdoh, who was the minister (in-charge) revenue at that time, had also proposed in the House the need to have a cadastral survey.
He told the House then, “We have to tackle the problem (related to land) and it is a matter of urgency to have a cadastral survey to determine the right owners. It is a subject matter of the Land Reforms Commission that should be taken up as early as possible.” Lyngdoh had stated this in his reply to a cut motion where members of the House discussed the land issue. But as usual the survey could not take off. Instead, it was severely criticised as an attempt by the Government to impinge on the rights of the people in matters related to land. The chief protagonist of this resistance was Hopingstone Lyngdoh of the HSPDP and this was probably at the behest of those who already had an eye for land acquisition as the best investment.
Interestingly we haven’t heard of this Land Reforms Commission in recent times and neither does the Government have a land use policy. So agricultural land or even forest land under the jurisdiction of the District Councils can overnight be turned into a residential area or an industrial area. It’s a free for all as far as land transactions are concerned. Community land is overnight turned into private land and quarrying can be carried out anywhere at any time. Although the State Forest Department lists out the processes to be followed for grant of mining/quarrying licenses it is not known how the State has over 1700 illegal quarries/mines. Government claims these mines are abandoned but the Forest Department does not state so. In the absence of authentic data we will have to accept that these mines are illegal as certified by the State Forest Department.
Without a cadastral survey how does anyone know which clan owns how much land and where. Can a society be called egalitarian when some clans own hectares of land while other clans are landless? Land has become the sole obsession of anyone with money to invest. Inequality is today the hallmark of Khasi society and we pretend as if this is normal. What happens to the children of those who can barely afford two square meals? Will education ever come within their reach? Without education what future do these thousands of kids have who already are deep into child labour?
It’s pathetic that the District Councils that repeatedly assert their commitment to safeguard the customary practices and tradition don’t give any thought at all to the looming landlessness of a large number of Khasi families especially in rural areas. Land, forests and rivers are their domain. If the State Government is remiss in addressing the issue of landlessness, the District Councils are expected to take up the matter and question the Dorbar Raid and Dorbar Shnong how and why there is a rapid privatisation of community land. The Councils have adopted the short-cut route of amending the Khasi Lineage Act ostensibly to prevent land alienation to non-tribals through the route of that non-tribal marrying a Khasi woman. Hence the Khasi woman marrying a non-tribal and her children would cease to be Khasis. Is there a tradition among the Khasis where a Khasi woman marrying a non-tribal ceased to be a Khasi? And this in a matrilineal society where the case of such women is already a settled one by the courts?
To make women the scapegoat for everything that’s going wrong with society has been the bane of Khasi society. These are smokescreens that are intended to hide the real societal flaws – the greed for land by the affluent Khasi by depriving others in the community of their legitimate share.

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