Government land cannot be reclassified by UDR authorities; kazhuvelis cannot be converted into patta lands: Commissioner of Land Administration

These direction were given in a recent order by the T.N. Commissioner of Land Administration; the order also rejected the claim of several individuals with regard to government poramboke Kazhuveli land in Chengalpattu district

A recent order from Tamil Nadu’s Commissioner of Land Administration (CLA) has observed that authorities involved in the Updating the Registry (UDR) scheme have “no powers” to alter the classification, boundaries and extent, among other details, of government land. It has also said that there were no rules or statutes to convert highly objectionable and ecologically sensitive lands like ‘Kazhuveli’ or backwaters into private patta lands.

The CLA’s observations were made in an order dated December 1, 2023 that rejected the claims of individuals, over lands measuring up to 480 acres in Karunguzhipallam village, Tiruporur Taluk in Chengalpattu district.

The order cited revenue records that said these suit lands were originally classified as ‘Sarkar Poramboke’ as early as 1911 and later as per the Revision Survey and Resettlement (RSR) ‘A’ register, they were classified as ‘Government Poramboke-Kazhuveli’. It said that subsequently, these lands were purchased by the interested persons/present petitioners without having valid documents and no linkage documents to prove their title towards their claim.

As for ‘Kazhuvelis’ or backwaters along the East Coast, “action has been taken by Government to notify the same as sanctuaries / reserve forests for the preservation of the wet land ecology” the order stated, and pointed out that there were no rules or statutes to convert highly objectionable and ecologically sensitive lands like Kazhuveli, etc. to private patta lands or to assign or alienate them under any circumstance even by the government, as has been reiterated by the Supreme Court in many cases.

“As per the doctrine of “Caveat Emptor” (let the buyer beware) the onus of checking the veracity, legality and encumbrances on the land to be purchased always lies with the purchaser only,” the voluminous order stated. If the petitioners/interested parties had any grievance about the land not being clear in title, it was “solely due to them not following the directions ‘Caveat Emptor’ and due to the due diligence and verification of the title and status of the land prior to purchase,” it said.

The main objectives of the UDR scheme were to convert the acre measurements into the metric system in village accounts, to transfer the Registry to existing landholders as on date after verifying the documents produced by them. and to sub-divide fields and transfer the registry to the individual persons if there are joint holders. It was also to find encroachers on government poramboke and to prepare a list of such encroachment.