Dharani Portal: Addressing Prohibited Lands and Legal Discrepancies

Advocate Rapolu Bhaskar has filed a Public Interest Litigation (PIL) in the Telangana High Court concerning issues related to the Dharani Portal, which is the state government’s online platform for land records management. The PIL specifically addresses the inclusion of prohibited lands and land-related discrepancies in the system, which are affecting rightful owners, causing confusion, and leading to legal disputes over land titles in Telangana.

Key Issues Raised in the PIL:

1. Inclusion of Prohibited Lands in the Dharani Portal: One of the primary concerns raised by Advocate Bhaskar is that lands that have been marked as “prohibited” or “disputed” have been wrongly included in the Dharani Portal’s database. These lands, which should be restricted from sale or transfer under the law, have been listed without the necessary legal clarifications, causing uncertainty among potential buyers, landowners, and authorities. Bhaskar argues that this undermines the accuracy and reliability of the system.
2. Lack of Verification of Land Titles: Bhaskar’s PIL points out that the Dharani Portal does not adequately verify the legal status of lands before they are listed. As a result, lands that are encumbered, under litigation, or subject to government acquisition may be mistakenly shown as clear titles, leading to fraudulent transactions and legal complications for innocent landowners.
3. Prohibited Lands and Public or Government Use: The PIL highlights that certain lands, which are marked as prohibited (such as lands meant for public use, government institutions, or reserved for other purposes like forests or highways), have been included in the portal as available for sale or transfer. Bhaskar asserts that this not only violates land use laws but also opens the door for illegal encroachments, land grabs, and disputes over public land.
4. Impact on Landowners and Legal Battles: Bhaskar’s PIL emphasizes the adverse effect on legitimate landowners whose properties have been misclassified on the Dharani Portal. These owners face difficulties in proving their titles, and in some cases, they become embroiled in legal disputes over land ownership that should have been clear. The PIL calls for a review of all listed lands to ensure that prohibited or encumbered lands are properly categorized and excluded from sale or transfer.
5. Inadequate Redress Mechanism: Bhaskar points out that the Dharani Portal lacks an efficient mechanism for addressing grievances or rectifying errors related to prohibited lands. There is no clear procedure for landowners to challenge incorrect land titles, making it difficult for them to seek legal redress. This failure to provide an accessible and transparent dispute resolution process exacerbates the situation and causes further distress to landowners.
6. Fraudulent Land Transactions: The PIL also highlights that the inclusion of prohibited lands in the Dharani Portal has led to fraudulent land transactions. Criminals and unscrupulous elements have taken advantage of this system loophole by selling or transferring lands that should be off-limits. Bhaskar calls for greater vigilance and safeguards to prevent such illegal activities, which harm both the public and the legal system.

Relief Sought in the PIL:

1. Review and Rectification of Land Listings: Advocate Bhaskar seeks the intervention of the Telangana High Court to direct the state government and relevant authorities to conduct a thorough review and audit of all lands listed on the Dharani Portal. This would include verifying whether any prohibited or disputed lands have been incorrectly included in the portal and ensuring that such lands are properly flagged and excluded.
2. Implementation of a Robust Verification Process: The PIL calls for the establishment of a more comprehensive verification process for land titles before they are listed on the Dharani Portal. Bhaskar requests that the state authorities employ rigorous checks to ensure that only lands with clear legal titles are made available for sale or transfer on the platform.
3. Creation of a Dedicated Grievance Redressal Mechanism: Bhaskar urges the court to direct the government to create a robust and accessible grievance redressal mechanism to allow landowners to challenge incorrect land listings or discrepancies in their land records. This process should be transparent and efficient, ensuring that legitimate owners can have their concerns addressed promptly.
4. Clear Delineation of Prohibited Lands: Bhaskar’s PIL asks for the establishment of clear, legally binding markers for prohibited lands within the Dharani Portal. These markers should be visible to users, ensuring that land involving public institutions, government acquisitions, or reserved lands is not allowed for sale, transfer, or encroachment.
5. Stronger Legal Framework to Prevent Fraud: The PIL calls for stronger legal safeguards to prevent fraudulent transactions involving prohibited lands. Bhaskar requests the court to direct the government to implement stricter measures for land transactions through the portal, such as requiring physical verification or additional documentation before transactions are processed.
6. Ongoing Monitoring and Transparency: Bhaskar seeks continuous monitoring of the Dharani Portal to ensure that it remains accurate, up-to-date, and free from illegal land transactions. Transparency should be a priority, with regular audits of land records and processes to prevent the recurrence of such errors.

Legal and Ethical Concerns:

Advocate Bhaskar’s PIL raises important legal concerns regarding land ownership, title verification, and fraud prevention. The improper listing of prohibited lands not only infringes on the rights of legitimate landowners but also threatens the integrity of land records, which are fundamental to property rights and legal certainty. Bhaskar’s PIL emphasizes the need for the state to fulfill its responsibility of maintaining a transparent, accurate, and legally sound system for land management.

Ethically, the PIL calls for the state to ensure that the land records management system is reliable, protects the interests of genuine landowners, and does not inadvertently facilitate land fraud or disputes. The failure to exclude prohibited lands from the Dharani Portal, especially when it leads to encroachments and illegal sales, reflects poorly on the administration’s ability to protect public and private property rights.

Conclusion:

Advocate Rapolu Bhaskar’s PIL on the Dharani Portal is a timely and crucial intervention to address the legal and practical issues related to prohibited lands being listed for sale and transfer. By calling for greater scrutiny of the portal’s land records and stronger safeguards against fraud, Bhaskar seeks to protect the rights of Telangana’s landowners, ensure the integrity of the state’s land management system, and prevent the illegal appropriation of land.