Correspondent
KOHIMA, OCT 18 (NPN): The Kohima Bar Association (KBA) has sought government intervention over land-related charges levied by certain Village Councils, questioning their powers under the Nagaland Village and Tribal Councils Act, 1978.
In a representation submitted to the chief secretary on October 15, KBA vice president Alezo Kire and secretary Lhusisato Iralu stated that some Village Councils had been issuing “land pattas”, requiring compulsory renewal and collecting transfer, patta, renewal and other land-related fees.
Referring to Section 15(1)(g) of the Act, KBA said the provision required Village Council consent for transfers of immovable property and maintenance of written records of such transfers. However, it maintained that the provision did not authorise councils to establish a land-patta system, require renewal of ownership documents or impose compulsory charges relating to land transfers or ownership.
The association stated that statutory functions did not empower Village Councils to grant land titles. It said “patta” ordinarily referred to a grant, lease, settlement, allotment or recognition issued by an authority possessing proprietary authority over land, and maintained that its use by Village Councils lacked statutory basis.
KBA also questioned the legal basis for imposing compulsory financial liabilities or requiring periodic renewal of documents after ownership had vested in accordance with law.
Expressing concern that such practices could become institutionalised without legislative sanction, KBA acknowledged the financial constraints faced by Village Councils. It said additional support for their statutory functions should come through government budgetary support or grants-in-aid rather than charges it considered unauthorised.
The association urged the State government to issue a notification clarifying Village Council powers under the Act and discontinue charges unsupported by legislation.
It also sought consideration of rules prescribing uniform and reasonable fees, if necessary, for consent and record-keeping under Section 15(1)(g).
KBA further urged the government to issue directions ensuring uniformity, legality and certainty in land administration across the State.
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