Facing Delays in Land Records or Mutation? RTI is Your Most Powerful Tool!

Are Delays in Land Records or Mutation Troubling You?

In India, matters related to land and property are often complex and time-consuming. Whether you need to obtain your land’s Khasra-Khatauni (Land Records), or get Mutation (Dakhil-Kharij) done after purchasing new property or inheriting it, government offices often experience unnecessary delays. These delays cause not only financial losses but also significant mental distress to people. However, fret not, the Right to Information (RTI) Act, 2005 is a powerful tool at your disposal, with which you can ensure accountability and expedite your work by filing an RTI for delays in land records or mutation.

This article will guide you on how to effectively use RTI when these crucial tasks are delayed, what information you can seek, and how to assert your right to get your work completed.

Khasra-Khatauni (Land Records): What Are They?

Khasra and Khatauni are two vital documents in Indian rural areas that contain information about land ownership and related details.

• Khasra: This is a legal document containing complete information about a specific piece of land (plot). It includes the field number, area (rakba), owner’s name, crop type, soil type, irrigation sources, and other particulars.
• Khatauni: This document lists all Khasra numbers owned by a family or individual. It indicates the total agricultural land held by a person or family. It consolidates details of all land parcels in one place.

These records are extremely important for land ownership, agricultural activities, and government schemes.

What is Dakhil-Kharij (Mutation)?

Dakhil-Kharij, also known as ‘Namantaran’ (mutation), is a legal process through which changes in land ownership are officially recorded in government Land Records. When a person sells, buys, or inherits land, the new owner’s name is entered into the records, and the previous owner’s name is removed. This process is carried out by the Revenue Department and is crucial for legally recognizing land ownership. Without Dakhil-Kharij, the new owner does not legally acquire full rights to that land.

Why Are There Delays in Land Records or Mutation?

There can be several reasons for delays in these processes, some of the main ones include:

• Unnecessary Formalities and Complex Procedures: Often, the process is so lengthy and complicated that delays are inherent.
• Shortage of Staff: Delays can occur due to a lack of sufficient staff in the Revenue Department.
• Corruption: Some officials intentionally obstruct work to illicitly demand money.
• Lack of Record Digitization: In many places, work proceeds slowly due to manual record-keeping.
• Technical Issues: Malfunctions in online portals or systems can also lead to delays.

When to Use RTI in Case of Delays?

You can use RTI when you feel that action is not being taken on your application within the stipulated timeframe. If you have an application receipt and a reasonable period has passed (usually 30 days, unless a different timeframe is specified for a particular service), filing an RTI is a good step. Through RTI, you can seek information about the status of your application, the reason for the delay, and the officer responsible for it. This not only provides you with information but often also puts pressure on officials to expedite the work.

How to File an RTI for Delays in Land Records or Mutation: 3 Easy Steps

Here’s how you can file an RTI in cases of delay:

Step 1: Identify the Correct Public Information Officer (PIO)

Matters concerning land records and mutation typically fall under the State Revenue Department or Land Records Department. You will need to send your RTI application to the Public Information Officer (PIO) of your local Tehsildar Office, Patwari Office, or District Collector Office. If you do not know the name or address of the PIO, you can also address the application to the Head of the concerned office, and they will be obliged to forward it to the correct PIO.

Step 2: Write the RTI Application

Your RTI application should be clear, concise, and to the point. You can write the application by hand or type it. Here are some key points you should include:

1. Your Details: Your full name, address, contact number, and email (if any).
2. PIO’s Details: The designation of the Public Information Officer (PIO) and the name of the office to which you are sending the application.
3. Subject of the Application: Clearly state what information you are seeking, such as “RTI for information regarding delay in Mutation application number [Your Application Number] / Land Records [Type of Request].”
4. Information Sought: This is the most crucial part. Here are some questions you can ask:
• I had applied for Mutation/Land Records [type of application/request] under application number [application number] on [date]. What is the current status of my application?
• Provide details of the action taken so far on my application.
• What is the reason for the delay in completing my application until now?
• State the name and designation of the officer/employee responsible for completing my application.
• With which officer is my application pending and since when?
• By when will my application be completed? Please provide an estimated or definite date.
• If there is any deficiency in my application, please provide clear details thereof.
• Provide copies of all relevant notings and correspondence related to my application.
5. Fee: Attach a fee of Rs. 10 with the RTI application (cash, Demand Draft, Postal Order, or online payment, as per state rules). If you are below the poverty line (BPL), you are exempt from paying the fee, but you must attach a copy of your BPL card.
6. Date and Signature: Date and sign the application.

Step 3: Submit the Application and Follow Up

• Submission: You can submit your RTI application by Registered Post/Speed Post or in person at the concerned office. When submitting in person, ensure you receive an acknowledgment receipt.
• Timeline: The PIO is mandated to respond to your application within 30 days. If a response is not received within 30 days, or if you are not satisfied with the reply provided, you can file a First Appeal with the First Appellate Authority.
• Appeal: If you are still not satisfied with the First Appellate Authority’s response, or if they also fail to respond, you can file a Second Appeal with the State Information Commission or Central Information Commission within 90 days.

Remember, RTI is not just a means to seek information; it is also an effective way to compel officials to perform their duties. Similarly, you can also file an RTI for delays in receiving government pension.

Frequently Asked Questions (FAQs)

1. How to Check the Status of Dakhil-Kharij (Mutation)?

You can check the Dakhil-Kharij status online by visiting the official website of your state’s Land Records Department. Most states offer an option like ‘Dakhil-Kharij Status’ or ‘View Mutation Status,’ where you can ascertain the status using the application number, Khasra number, or name. You can also directly contact the Tehsildar Office or Patwari Office.

2. How Long Does it Take for Dakhil-Kharij After Land Registration?

The timeline for Dakhil-Kharij after land registration varies from state to state, but typically, this process should be completed within 15 to 90 days. In some states, it is completed within a timeframe of 30 to 45 days. If your Dakhil-Kharij has not been done even after this period, you can seek information through RTI.

3. How to Obtain Old Land Records (e.g., 30 Years Old)?

To obtain old land records, you can contact your local Revenue Department or Land Records Office. This information is usually available in their archives. You can also request this information by submitting a written application or through an RTI, in which you will need to provide details such as the Khasra number, village name, tehsil, and district.

Conclusion

Delays in crucial matters like land records and mutation are very common, but the Right to Information Act, 2005 provides you with an effective way to address this problem. By correctly using RTI, you can not only find out the reason for delays in your work but also protect your rights by holding the concerned officials accountable. If you need assistance in preparing your RTI application, you can generate a draft for free at rtisupport.in.

Regards,

Team RTI Support India

Empowering Citizens, Enabling Transparency