land law manas

8/6/2019 Land LAw Manas

1/17

LAND LAWPROJECT

Sustainable Land Administration And Sustainable Land

Management

UNIVERSITY OF PETROLEUM AND ENERGY STUDIESDEHRADUN

1


2/17

CONTENTS

1. Introduction

2. Review Sustainable Land Management

Sustainable Land Management Plays a Central Role in

Development

Sustainable Land Management From Different

Perspectives

Sustainable Land Administration Role And Functions Of Land Administration

3. Problems

4. Conclusion

5. Bibligraphy

2


3/17

INTRODUCTION

Sustainable development can be defined in technical terms as a development path along

which the maximization of human well-being for todays generations does not lead to

declines in future well-being. Attaining this path requires eliminating those negative

externalities that are responsible for natural resource depletion and environmental

degradation. It also requires securing those public goods that are essential for economic

development to last, such as those provided by well-functioning ecosystems, a healthy

environment and a cohesive society. Sustainable development also stresses the importance

of retaining the flexibility to respond to future shocks, even when their probability, and the

size and location of their effects, cannot be assessed with certainty. Beyond this technical

definition, the notion of sustainable development has gained a broader political usage.Here, it embodies a concern for taking a broad view of what human welfare entails, and for

balancing the goals of economic efficiency, social development and environmental

protection. These elements have made sustainable development a key objective for

domestic and regional policy formulation, as well as for international relations between

countries in the 21st century.

It is necessary to take a critical look at the term "sustainability", which is frequently defined

absolutely, uniformly or globally. But the concept of sustainability can only be put into

practice within a real-life local context. The views and experiences of local land users -

which are already included in locally adapted and accepted indigenous technologies - can

serve as a basis and be incrementally supplemented by the views of external stakeholders,

such as scientists, urban dwellers, politicians, etc. Sustainability should be thought of as a

desirable direction in which to proceed rather than a goal in itself

Sustainable land management (SLM) can be defined as the use of land resources such as soils,

water, animals and plants for the production of goods - to meet changing human needs whileassuring the long-term productive potential of these resources, and the maintenance of their

environmental functions1

1Sustainable Land Management: Guidelines for Impact Monitoring.

3


4/17

Land administration is the process of determining, recording and disseminating

information about ownership, value and use of land when implementing land management

policies2

2Questions on Sustainable Land Administration , By Andrs OSSK, Hungary

4


5/17

REVIEW

SUSTAINABLE LAND MANAGEMENT3

Sustainable land management (SLM) deals with essential elements of the global life

support system. Since experience with the detrimental effects of resource exploitation has

become widespread, there has been growing awareness that productive lands are getting

scarce, land resources are not unlimited, and that the land already in use needs more care.

The health and wealth of all people depend on the quality of the land resources, but those

who are directly using them may be the first to experience decline in the quality of the land.

In developing countries the majority are direct land users who have an immediate interest

in using the production potential of their resources, but also in maintaining this potential as

the basis for their livelihood and survival. SLM is a delicate balance of production and

protection, and the overall goal of sustainable development cannot be reached withoutgiving due consideration to SLM.

Sustainable Land Management Plays A Central Role In Sustainable

Development

The wealth of indigenous resource conservation practices indicates that unsustainable land

management and degradation of resources is not always due to lack of awareness on the

part of land users. Often, there is more reason for concern that political, social andeconomic factors limit land users' choice of options to manage land resources in a

sustainable manner. For example, insecure land tenure prevents the necessary investment in

land care; market prices do not reflect the costs for protection of land resources;

conservation activities usually last only as long as inappropriate incentives and subsidies

are paid. In this context, SLM seeks to harmonise the complementary but often conflicting

goals of production and environmental protection. The aim must be an agreed trade-off

from farm level and community level to the international level.


5


6/17

SUSTAINABLE LAND MANAGEMENT FROM DIFFERENT

PERSPECTIVES

SLM requires a comprehensive understanding of a specific society within its environment.

Usually, projects cannot wait until detailed studies are conducted and project activities need

to be started as early as possible. In this case, there is a high probability that a lot of

unexpected impacts will occur later on. To avoid negative effects, projects need a point of

departure to enhance SLM. One of the main questions is, which activities or corrective

measures can contribute to SLM? In this respect, the Guidelines suggest two approaches,

by looking at SLM in terms of

(1) unsustainability and

(2) the choice of options land users have to manage their land in a sustainable

manner.

Sustainable Land Management In Terms Of Unsustainablility

Analysis of unsustainable land management can start with the identification of land

problems (some publications use the term "land issues"). These are often similar in areas

with the same agro-ecological conditions. Symptoms or signs of resource degradation are

indications of unsustainability and usually do not occur in isolation. Processes that start

degrading one resource will soon affect other resources as well. For example, if drought

prevents the growth of plants it leaves the soil bare and soil erosion is likely to occur during

the next rain storm. In turn, soil erosion removes part of the fertile topsoil layer, which

further limits plant growth. So it is necessary to identify a complex of related land

degradation processes to properly design corrective activities.

Looking for symptoms of unsustainability is a useful point of departure as long as it is not

restricted to resource degradation but accompanied by an attempt to look for the reasons

behind such symptoms. Most obvious direct causes of degradation are related to

inappropriate land management.Again, the identification of inappropriate land management practices is only an

intermediate step leading to another level where indirect causes of resource degradation

need to be found.

6


7/17

Sustainable Land Maangement In Terms Of Land Users' Choice Of

Options4Land users trigger degradation processes through inappropriate land management. This

fact raises two questions: a) what choice of management practices is likely to result in

farming systems more sustainable than the current ones; b) what keeps land users from

adopting these management practices and systems? A close look at the choice of options

available to land users and at limiting factors to more sustainable land management helps to

identify both economic options (e.g. proper resource allocation, off-farm income) and

political strategies (e.g. secured land rights, tax abatements), rather than only technical

options (e.g. relay cropping, irrigation, soil and water conservation). Any improvement in

land management options must be made within the bounds of the natural environment, but

it must also optimise inputs, provide better returns on investment and labour, etc. The

object of improvement is a step-by-step progression of management options.

Land users' choice of options depends on:

individual skills, gender-specific experience and knowledge,

cultural norms and values,

the economic framework,

and policies regulating access to and the control over natural resources

Enhancing The Sustainability Of Land Management5

As seen above, SLM can be pursued through two alternative but complementary

approaches: (1) unsustainability and (2) land users' choice of options. Both approaches

have their benefits and limitations and basically serve to raise awareness of land problems.

They should be used according to the project's preferences and needs. Despite the

differences, both approaches should basically lead to the same understanding: SLM needsto address resource degradation processes, land management practices, and the social,



7


8/17

economic and political framework as well as their inter-linkages. If such systems are

identified in a participatory manner involving different stakeholders, indigenous experience

and external knowledge (scientific, interdisciplinary expertise, etc.) can form a broad,

common pool of possibilities for enhancing SLM. Starting points for corrective action can

be found from the farm plot to the national level. When searching for project activities that

have a positive impact on SLM, it is important to consider not only technological options,

but also activities that create awareness, improve knowledge, land management skills and

local planning procedures, support training and education, enhance institutional

development, and tackle important policy issues.

SUSTAINABLE LAND ADMINISTRATION

In India, as in many developing countries, land continues to have enormous economic,

social, and symbolic relevance. How access to land can be obtained, and how ownership of

land can be documented, are questions essential to the livelihoods of the large majority of

the poor, especially in rural and tribal areas. Answers to these questions will determine to

what extent Indias increasingly scarce natural resources are managed. Moreover, land

policy and administration are critical determinants of the transaction costs associated with

accessing and transferring land, both for business and residential use. This will affect how

easily land can be used as collateral for credit and the development of the financial sector.

Land continues to be a major source of government revenue through stamp duties, and is a

key element in implementing a wide range of government programs. Land policies and

institutions will have a far-reaching impact on the countrys ability to sustain high rates of

growth, on the degree that economic growth benefits the poor, and on the level and spatial

distribution of economic activity. This importance of land, together with the central

institutional role of land administration that dates back to colonial days, implies that land

policy has long been the subject of animated debate. There is consensus that land

administrationwhich fell into neglect after independenceis in urgent need of

improvement. How to bring about such improvement most effectively, to improve land

access and productivity of land use in a sustainable fashion are important questions. The

issue is not whether but rather how to do so most effectively and how to sequence

policy interventions.

ROLE AND FUNCTION OF LAND ADMINISTRATION8


9/17

6The definition of land administration makes clear that The land administration activity is

not an end in itself, but that it facilitates the implementation of land management policies

Land administration serves various functions in a society. Documents like

Habitat, etc. relate the land issue very much to poverty reduction, sustainable housing,

sustainable agriculture and the strengthening of the role of vulnerable groups in society like

women, farmers. indigenous groups. A land administration system not a purpose in itself.

They are part of such a broader land policy Land policy shows the way how governments

want to deal with land matters in sustainable development or as the Guidelines say land

policy consist of the whole complex of socioeconomic and legal prescriptions that dictate

how the land and benefits from the land are to be allocated. That of course depends on the

culture, history and attitude of people

Now is understandable that the development of operational Land administration is an

increasing importance and interest world wide, especially during the last decade. There is

no doubt that the creation of legal and institutional framework concerning land and

property related activities is the most important step towards the operational land

administration, but its very well known by experience, the existence of legal and

institutional framework itself doesnt guarantee the sustainable operation of land

administration. There are many other conditions which are important for the operation of

sustainable land administration.

legal and institutional framework( cadastre, land registry, valuation, taxation, etc.)


9


10/17

registration of all land and real estate properties

cadastral maps any kind

Continuous updating of legal and cadastral mapping data

decentralised institutional network

sufficient number of educated staff

political decision to support land administration activities

technical development, IT

sufficient financial sources for operating land administration activities

public awareness and acceptance of land administration activities

exercise of rights and performance of obligations by citizens

Land is an important input for producing goods and services for urban development. Under the

conventional analysis, factors of production i.e. land, labour and capital flow to make goods

and services but the social and environmental consequences are not reflected in such analysis.

Sustainable development does take account of social and environmental effects and means

balance between the development of the areas and protection of the environment with an eye to

equity in employment, shelter, basic services, social infrastructure and transportation in the

urban and rural areas. For this to happen, one has to ensure that land is properly used to meet

these objectives. India is plagued by shortage of housing facilities and scarcity of land for

social overheads like roads, footpaths, parks, schools and so on. The roots of these problems

can be found in the inadequate, inefficient, iniquitous land policy of the country. This is why it

is important to have an effective and appropriate land policy that would promote sustainable

development.

10


11/17

PROBLEMS

Inefficiency In Land Policies Unreasonable Acquisition7

With the increasing pressures on land due to urbanization, rapid economic development,

increasing infrastructure requirements etc., especially in a fast growing economy like India,

the acquisition of land by the Government has increased. Undoubtedly the government has

been trying its level best to give adequate development plans to its citizens, but still the

laws responsible for such developments remains, ironically, the main hurdle in such

targeted development. The neglected problems while framing the laws pertaining to

compulsory acquisition has resultant into unreasonable displacement in lieu of the

development projects in India.

In India, there are a rising number of protests against compulsory acquisition of land for

construction of manufacturing units such as Tatas Nano car in Singur, in which 997 acresof agricultural land was acquired to set up a factory for one of the cheapest cars in Asia,

(the project was subsequently shifted to Gujarat) or for developing Special Economic Zone

such as Nandigram or construction of large dams like Sardar Sarovar Dam on the river

Narmada, which led to a cancellation of grant by World Bank due to protests under the

argument that the tribal population was getting displaced under unfair conditions.

The effects of displacement spill over to generations in many ways, such as loss of

traditional means of employment, change of environment, disrupted community life and

relationships, marginalization, a profound psychological trauma and more. Such

consequences lead to the requirement of legislations that address not only the issue of

compensation, but also of resettlement, rehabilitation and participation in negotiation.

Also, the Eleventh Five Year Plan (2007-12) of India emphasizes, governments at

appropriate levels including local authorities, have to strive to remove all possible obstacles

that may hamper equitable access to land.17 It identifies failure to adopt appropriate urban

land policies and land management practices as the primary cause of inequity and poverty.

Thus the Eleventh Five year Plan calls for a flexible land policy which will make

7Displacement due to land acquisition for development projects in india: The problemswith the existing legislation and policy, By kelly a. Dhru(http://www.rfgindia.org/publications/LandAcquisition.pdf)

11


12/17

conversion from one use to another, cost efficient and promote equity. It judges that urban

planning tools like master planning, zoning and regulations are not enough for the

requirement of land supply for rapid urbanization. The problem has also been addressed

somewhat by Jawaharlal Nehru Urban Renewal Mission in India.

Rehabilitation

8The only legislation pertaining to land acquisition currently in place is the Land

Acquisition Act, 1894 (The Act) which, though amended several times retains its

colonial flavor by granting an unfettered powers to the Government. It is time the

legislators test it against the needs of the society of a democratic India of today.

Under Section-4 of the Act, the Government is required to make a public notification of theintention to take over the land for a public purpose, the definition of which under

Section-3(f) is inclusive, and is often interpreted very liberally to include a variety of uses

such as housing schemes, roads, play grounds, offices and factories, benefiting only a

portion of the society by the Collector and State Government taking advantage of the wide

definition. In fact, the Supreme Court in various cases has laid down that not only is

Public Purpose hard to define, the Government is the best judge to decide whether a

purpose falls under this definition. Under the existing legislation, even private corporations

are granted the right to acquire land under certain sections

After independence, the constitutional interpretation took a socialistic turn. Parliament

added the Ninth Schedule to the Constitution through the very first amendment in 1951 as a

means of immunizing certain laws against judicial review. Under the provisions of Article

31, which themselves were amended several times later, laws placed in the Ninth Schedule

pertaining to acquisition of private property and compensation payable for such acquisition

cannot be challenged in a court of law on the ground that they violated the fundamental

rights of citizens. It must, however, be noted that a lack of rehabilitation policy violates

Right to Life under Article 21 and Right to Equality under Article 14 (interpreted as right

8Displacement due to land acquisition for development projects in india: The problemswith the existing legislation and policy, By kelly a. Dhru(http://www.rfgindia.org/publications/LandAcquisition.pdf)

12


13/17

against arbitrariness) of the Constitution of India

Some Other Relevant Issues

Degradation of forests and watersheds

Unplanned urban development

Squatting

Illegal and non-conforming development activities

The occupation of hazard prone and other unsuitable areas

Environmental pollution

Inadequate distribution of land

13


14/17

CONCLUSION

While referring to the acquisition of land for development purposes, it is important to

understand what constitutes development itself. Since last few decades, development has

been looked at as something beyond a mere growth in GDP, that is, an over all Human

Development. The Human Development Reports look at Development as increasing

peoples choices26. There have also been theorized certain basic needs or basic

capabilities that all people are entitled to, for a society to ensure true development. If this

be so, it is essential that the laws of a democratic country ensure that due to acquisition of

land for the growth of few, the displaced persons are not made worse-off.9

In developing countries the task is to develop the conditions of sustainable land

administration. Because of poor financial sources the development could be step by step

approach looking for low cost solutions. The technical development is important but veryexpensive investment and requires educated staff. Its advised to develop other conditions

of sustainable land administration, like legal and institutional framework, decentralised

institutions sufficient number of educated staff, continuous maintenance of legal and

mapping data- even without comprehensive IT development- countries can start in

traditional environment with analogue data but of course the technical development should

speed up the development of sustainable land administration.10

For a country that aims to maintain an 8% annual growth in GDP, it becomes important to

address wealth distribution within the society, for a sustainable growth. The state cannot

expect to get away with an unjust land acquisition policy. Compulsory land acquisition

itself should be minimized. The current land acquisition policy violates the democratic

fabric of the constitution of India. The issue of Displacement is an example of how law has

to be consistent with socioeconomic and political circumstances, and appears to have failed

in doing so. To conclude, there is a strong need to put legal thought into issues concerning

the land acquirers as well as to thoroughly investigate issues regarding removing the

imbalance from the system.

9Displacement due to land acquisition for development projects in india: The problems

with the existing legislation and policy, By kelly a. Dhru(http://www.rfgindia.org/publications/LandAcquisition.pdf)


14


15/17

15


16/17

BIBLIOGRPAHY

Primary Source :

1. Re-engineering land administration systems for sustainable development:from

trhetoric to reality, by Ian P. Williamson, Visiting Professor, Department of

Geodesy, Delft University of Technology, The Netherlands

2. Sustainable Land Management: Guidelines for Impact Monitoring.

3. A Strategy for Improving Land Administration in India , By KlausDeininger

4. Questions on Sustainable Land Administration , By Andrs OSSK, Hungary

5. Comparative Study of Land Administration SystemsWith special reference to

Thailand, Indonesia and Karnataka (India) , By Anne-Marie Brits, Chris Grant

and Tony Burns

6. Land Policy Administration And Management, By United Nations Commission on

Sustainable Development New York

7. Current Land Policies in India, By R.S. Deshpande , Professor and Head,

Agricultural Development and Rural Transformation Unit, Institute for Social

and Economic Change, Bangalore, India

8. Review of Mainstreaming of Sustainable Land Management in Government Policies

and Plans

16


17/17

Secondary Source:

1. Sustainable Land Governanace, By Prof Stig Enemark, FIG President, Aalborg

University, Denmark(http://mycoordinates.org/sustainable-land-governance/)

2. Displacement due to land acquisition for development projects in india: The

problems with the existing legislation and policy, By kelly a. Dhru

(http://www.rfgindia.org/publications/LandAcquisition.pdf)

17
http://mycoordinates.org/sustainable-land-governance/http://www.rfgindia.org/publications/LandAcquisition.pdfhttp://mycoordinates.org/sustainable-land-governance/http://www.rfgindia.org/publications/LandAcquisition.pdf