Plug Loopholes in Fifth Schedule Implementation in Uttarakhand ©RohitSinghNegi

Unless the loopholes are plugged at the start, the Fifth Schedule in Uttarakhand could become just another tool for land mafia + politicians + corporations to loot.

© Rohit Singh Negi / Reshmi Nair 

Plug Loopholes in Fifth Schedule Implementation in Uttarakhand

1. Gram Sabha Veto Power (Like PESA Act in Schedule 6 States)

• Any land transfer, lease, or acquisition must require mandatory approval by the village Gram Sabha.
  
  

• Gram Sabha decisions should be legally binding, not “consultative.”
  
  

• This stops Governors/politicians from bypassing locals.
  

  
  
  

2. Strict Definition of “Local” / “Tribal”

• Create a separate “Indigenous Uttarakhandi Register” based on pre-1972 land records, surnames, and genealogical evidence.
  
  

• Prevent non-natives with fake certificates or long-term residence from claiming tribal rights.
  
  

• Cancel “proxy ownership” by outside mafias using locals as fronts.
  
  

3. Ban on Long-Term Leases to Outsiders

• Close the “lease loophole” (where 30–99 year leases equal ownership).
  
  

• If leasing is allowed, it should only be:
  
  

• Short-term (max 5–10 years)
  
  

• With Gram Sabha approval
  
  

• Non-transferable to third parties
  

4. Independent Land Monitoring Authority

• A State-level Fifth Schedule Land Commission, independent of politicians, to monitor:
  
  

• Land transfers
  
  

• Forest rights claims
  
  

• Encroachment cases
  
  

• Annual public audit to expose mafia-backed deals.
  
  

5. Public Purpose Clause Restrictions

• Clearly define what counts as “public purpose.”
  
  

• Big dams, luxury resorts, or highways for corporations should not qualify.
  
  

• Make Gram Sabha consent mandatory even for state acquisitions.
  
  

6. Transparency in Land Records

• Digitize and publicly display all Scheduled Area land transactions.
  
  

• Mandatory disclosure of: buyer, seller, purpose, approval date.
  
  

• Anonymous or benami deals should be automatically void.
  
  

7. Direct Benefit Model for Development Projects

• If a project (tourism, hydropower, etc.) is allowed, the local community must hold at least 51% stake.
  
  

• Outsiders cannot be majority stakeholders in land-based businesses.
  

  
  
  

8. Forest Rights Act (FRA) Safeguards

• Strict verification of forest rights claims to prevent bogus entries.
  
  

• FRA implementation should be tied to community ownership, not individual privatization (to stop mafia buying off individuals).
  
  

9. Accountability of Governor’s Powers

• Governor should act only on advice of a Council of Gram Sabha representatives, not solely the state government.
  
  

• Any exemption or special regulation must be debated in the Legislative Assembly + reviewed by the Land Commission.
  
  

10. Anti-Mafia Provisions in Law

• Criminalize proxy landholding (locals holding land on behalf of outsiders).
  
  

• Fast-track courts to cancel fraudulent transfers.
  
  

• Heavy penalties (including confiscation) for mafia-backed acquisitions.
  
  

Example Models to Learn From

• PESA Act (Chhattisgarh, Jharkhand, Odisha): Gives Gram Sabha control over land & resources.
  
  

• Nagaland Article 371A: No land/resource laws apply without state assembly approval.
  
  

• Bhutan/Gorkha land laws: Only citizens with ancestral records can own land in hilly areas.
  
  

🛑 Bottom Line

👉 The Fifth Schedule will only help Uttarakhand if it shifts real power to the people (Gram Sabhas & local councils) and cuts out the Governor–bureaucrat–politician nexus.
👉 Without this, land mafia will hijack it through leases, fake ST status, “public purpose” acquisitions, and proxy ownership.

© Rohit Singh Negi