LAND LAW

PROJECT

Sustainable Land Administration And Sustainable Land Management

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES DEHRADUN

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

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 while assuring the long-term productive potential of these resources, and the maintenance of their environmental functions1

Sustainable Land Management: Guidelines for Impact Monitoring.

Land administration is the process of determining, recording and disseminating information about ownership, value and use of land when implementing land management policies2

Questions on Sustainable Land Administration , By Andrs OSSK, Hungary

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 without giving 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 and economic 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.

Sustainable Land Management: Guidelines for Impact Monitoring.

SUSTAINABLE PERSPECTIVES

LAND

MANAGEMENT

FROM

DIFFERENT

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.

Sustainable Land Maangement In Terms Of Land Users' Choice Of Options

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Land 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 needs to address resource degradation processes, land management practices, and the social,
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Sustainable Land Management: Guidelines for Impact Monitoring. Sustainable Land Management: Guidelines for Impact Monitoring.

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 ADMINISTRATION 8

The 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.)
Questions on Sustainable Land Administration , By Andrs OSSK, Hungary

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.

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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 acres of 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
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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) 11

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
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The 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 the intention 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
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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) 12

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

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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 very expensive 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.
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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)
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Questions on Sustainable Land Administration , By Andrs OSSK, Hungary

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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

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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)

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