The state government has formed land reforms advisory committees for areas under the Gorkhaland Territorial Administration (GTA) to flag off the process of granting land rights in the hills where more than 70 per cent of the population do not have land rights.

Vested land belonging to the state government is distributed to the landless through block-level committees named Bon-O-Bhumi Sanskar Sthayee Samittees in the rest of the state. But the same could not be implemented in the hills because of the lack of three-tier panchayat system here. Election to the one-tier gram panchayat was last held in 2000.

The three-tier panchayat consists of gram panchayat, panchayat samiti and zilla parishad. The Bon-O-Bhumi committee involves elected representatives from the panchayat samiti. The Indian Constitution has been amended, whereby, the hills have provision for only one tier panchayat, which is gram panchayat. Even so, the rural body was in force till 2005.

“The Land Reforms Advisory Committee will function with immediate effect in the same manner as Bon-O-Bhumi-Sanskar Sthayee Samittees in the block level and place its recommendation in the usual manner before the SDO concerned for taking further necessary action,” the notification by the state government on December 27 reads.

The committee, which is specific to the GTA area, will be formed in all the nine blocks within the hill body, and headed by the block development officer.
“The block-level land reforms officer will be the convener and secretary, and the other representatives include representatives of the chief executive of the GTA, principal secretary of the GTA and divisional forest officers,” said a source.

Land will be settled under section 49 of the West Bengal Land Reforms Act, 1955. This section deals with settlement of land vested with the state government. This basically means that land which is already under the state government will be settled to residents.

In the hills, the majority of the hill people reside in tea gardens and cinchona areas. “Even though this committee won't have the right to settle land of people residing in tea gardens and cinchona plantation, it is a very important development for Darjeeling hill as some process of land settlement is starting here,” said Amar Lama, general secretary of the Bharatiya Gorkha Prajatantrik Morcha (BGPM) and an advocate.

Tea garden lands and municipality lands cannot be settled under section 49, as these are land leased out by the government to lessees for a period of 30 years. Land under the cinchona plantations is owned by the state government and do not qualify as vested land.

“However, there are lands resumed (taken back) by the state government from the tea gardens and have been classified as vested. These lands can now be settled to the residents. There are such lands in Kalimpong districts and even in places like Chengia in Mirik sub-division,” said a land and land reforms official.

Land rights is a major political issue in the hills and many believe the state government’s decision to initiate a process to grant land rights could be a game-changer at a time the hills are gearing up for local elections.

Chief minister Mamata Banerjee had said that elections to GTA would be held after the revision of electoral rolls is completed on January 5. Anit Thapa’s BGPM is an ally of the Trinamul and party leaders, sources said, are already looking at using this notification to their advantage.

Bimal Gurung’s Gorkha Janmukti Morcha is also an ally of the Trinamul. Another hill leader, Binay Tamang, also joined the Trinamul, few days back. “The BGPM is looking at capitalising on this issue the most as they have been most vocal on this issue in the past,” said an observer. “Trinamul is also expected to gain from this development.”