The Karnataka High Court has directed the state government to respond to a Public Interest Litigation (PIL) challenging a circular issued on September 17, 2024, which mandates the use of e-khata for property registration. A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind gave this direction after hearing the petitioner, S Gowrishankar, a Bengaluru resident.
Gowrishankar argued that the implementation of the e-khata mandate had led to a significant 60% decrease in property registrations within Bengaluru. He cited operational challenges with the Bruhat Bengaluru Mahanagara Palike’s (BBMP) e-Aasthi rollout, which faced issues such as inadequate coverage across wards, a lack of clarity on the process, and delays in implementation. These issues have resulted in a backlog of property transactions, undermining the intended benefits of the e-khata system. The petitioner emphasized that the circular, which makes e-khata a prerequisite for property registration, introduces substantial difficulties for property owners, as many do not have access to e-khatas. In light of this, Gowrishankar requested that the e-khata requirement be relaxed as an interim measure until the system is fully functional and accessible to all property owners.
The PIL also seeks to ensure that the mandate for e-khata should only be enforced once the BBMP confirms that all existing properties have been assigned e-khatas and that a clear, time-bound process is in place for the registration of new properties or the amendment of existing khatas. The petitioner further proposed creating categories that would allow property registration without the need for e-Swathu or e-Aasthi in cases where these systems are not yet fully operational, or when valid alternative property documents are available. E-Swathu is an online portal that maintains up-to-date records of property ownership and details within each gram panchayat jurisdiction, while e-Aasthi is a property tax information system. The petitioner has also sought directions for the urban development department to streamline the process of obtaining e-Swathu and e-Aasthi, ensuring timely issuance of necessary documents for property owners. The court’s intervention aims to address the operational gaps in the BBMP’s digital property registration system and ensure that the transition to an e-khata-based registration process does not cause unnecessary delays or hardships for property owners.
