A PROJECT REPORT
ON
Diversion of Land and Its Procedure SUBMITTED TO: Dr. Kiran Kori (Faculty Land Laws) SUBMITTED BY: Anant Ekka Sec. - A, Roll No. - 26 SEMESTER-VIII (B.A.L.L.B. Hons.)
DATE OF SUBMISSION: 15th February, 2017 HIDAYATULLAH NATIONAL LAW UNIVERSITY
Acknowledgements
First and foremost I would like to thank Dr. Kiran Kori, faculty Land Laws, Hidayatullah National Law University, for creating opportunities to undertake such a valuable project. She helped me in preparing the project through her aura and granting her precious time for the consultation, discussion and giving suggestion over this project. She also helped me in improving the perception regarding to the study of the topic in its vast resources and in a broader way, clearing all the doubts about this project. Therefore, I would like to thank her for all her efforts and cooperation which she conferred me. I also owe my gratitude towards University Administration for providing me all kinds of required facilities with good Library and IT lab, which helped me in making the project and completing it. My special thanks to Library Staff and IT staff for equipping me with the necessary data and websites from the internet. I would also like to thank my dear colleagues who had helped me a lot creating this project with their ideas and thoughts over the topic. They act as a motivating and guiding force to me during the making of this project.
Anant Ekka Roll No. – 26 Semester- VIII (B.A.L.L.B. Hons.)
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Table of Contents
Acknowledgements……………………………………………………………...….. 2
Introduction………………………………….…………………………..……...….. 4
Research Methodology and Objectives…………..………………………………..... 5
Diversion of land…..………………………………………………..………………. 6
Procedure of land diversion…………………………..……………….....…...…....... 9
Conclusion……………………………………………………….……………........ 10
Bibliography and Webliogra phy………………………………...………………..... 11
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Introduction
One of the important and yet less attended downsides of India’s major stride towards economic development has been diversion of land and displacement of a large number of people from the sociocultural milieu as well as t he natural resources critical for their survival. There is no systematic assessment of the magnitude and the complexities of displacement faced by people in different situations, but a rough estimate suggests that nearly 20 million persons may have been displaced owing to various planned development projects since the 1950s (Fernandes, 1994). Apart from this sheer magnitude, the phenomenon has highlighted glaring discrepancies in the way development has been perceived and rescue (compensatory) mechanisms have actually worked. As a result, there has been a shift of resources from poorer to richer sections of society. It is therefore imperative to evolve a framework, which not only seeks to recognise the stakes of the displaced but also provides a mechanism that enables them to benefit fairly from the processes of development. The legal structure that governs land alienation and compensation in India is complex. While policies pertaining to diversion of land from forest and agriculture to other uses seemed conservative (and also conservationist), in practice they remained liberal and lacked transparency. There is a lack of information sharing on the rationale for the diversion of land and the basis and extent of compensation. The process of diversion of land from the forest or agriculture sector is the outcome of a congruence of various vested interests – those of the state, the private sector (often multinational corporations) and the local elites. Globalisation has fostered these processes further through liberalisation of the land use policies.
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Research Methodology This research project is descriptive in nature because it uses descriptive language for the explanation of various concepts explained in this topic.
Objectives 1. To study about diversion of land. 2. To study about the procedure of land diversion.
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Diversion of land Land Diversion happens when a land once set aside for a particular purpose is being used in a different way (i.e. industrial land to residential). One of the important and yet less attended downsides of India’s major stride towards economic development has been diversion of land and displacement of a large number of people from the sociocultural milieu as well as the natural resources critical for their survival.
Land is in limited supply and is the critical factor of production for almost all kinds of economic activities as well as for human settlement (Shah et al, 2005). It is therefore essential that its allocation across different economic activities and uses is based on sound theoretical premises, combined with the ground realities of multi ple objectives – some of which often go beyond the narrowly defined goals of economic growth per se. In a predominantly agrarian economy such as India, the entitlement to livelihood and access to factors of production, especially land, are important objectives that need to determine allocation of land across different uses and users. The allocation mechanism must not only address the needs of economic activities or sectors (including housing) but also look into the specific needs of various ecosystems, regions and communities.
One of the most important problems facing land use policy in India is the asymmetry between the sectoral composition of Gross Domestic Product (GDP) and people’s dependence on land-based activities to derive a basic livelihood. Whereas the primary sector accounts for about 24 percent of GDP, it provides employment (though partial) to nearly 60 percent of the people and utilises nearly 64 percent of the total geographical area (including forest). On the other hand, the secondary and tertiary sectors account for 76 percent of GDP and use only 8 percent of the geographical area of the country.
Given the heavy dependence on the primary sector for employment and livelihoods, policies were, until recently, fairly conservative with respect to diversion of land from agriculture or forests to other uses, such as development of infrastructure (including irrigation), industry and mining and urbanisation. While this is valid, given the agrarian nature of the Indian economy, this approach is facing severe pressure, owing to increasing demand from the
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rapidly growing sectors (such as industry, mining and infrastructure). Additionally, the substantially large increase in population has led to increased urbanisation.
The conservationist, hence conservative, policies pursued so far are prohibitive rather than proactive in terms of evolving a rationale for allocating land for the rapidly growing sectors other than the primary sector, which contribute more than three-fourths of India’s GDP. But this does not mean absence of diversion to other uses. In fact, these policies have given rise to processes and mechanisms that have proved counterproductive to the very cause of conservation.
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Land use and diversion in India: Estimates and issues Increasing demand from some of the rapidly growing sectors (like industry, services and infrastructure), along with mounting demographic pressure in the country, has led to conversion of land from the primary sector (i.e. agriculture, pastures, forest) to alternate uses. The proportion of area under non-agricultural uses more than doubled between 1950 and 2001, from 3.29 to 7.86 percent (see Table 1). Besides this, more than 6 percent of the area is still in the category of barren and uncultivable land. Over time, the area under the two categories of land use has declined from 16.7 percent to 14.1 percent. 1
Table 1: Changes in land use patterns in India (%)
An important feature of the changing land use pattern in India is that only a part of the increase in land under non-agricultural uses seems to have come from the category of barren and uncultivable land. The evidence suggests that a large part of the land diverted for irrigation, mining, infrastructure and urban industrial use in peri-urban areas has come from forests, pastures and cultivable land. Initially, diversion from primary sector uses was compensated for by a net increase in land under cultivation, a large part of which may have come from cultivable wasteland, besides settlement of forest land for agriculture. Unfortunately, this kind of expansion does not seem to be possible any more. The result therefore is a net decline in cultivated land, as observed recently.
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Note: Figures as percentage share of total reported area. Source: Directorate of Economics & Statistics, Ministry of Agriculture.
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Unfortunately, there is no systematic estimate of the extent of land diversion for different uses. The land use data also fail to capture the real picture owing to limitations in the system of land records and illegal (benami) transactions, especially in peri-urban areas. It is not merely about the magnitude of land being diverted; the issue is which land, at what cost and with what kind of compensation package? In the case of peri-urban areas, the land is most likely to be under cultivation at the time of diversion.
Procedure of land diversion 1. Fill up application in Form ‘A’ with court fee worth 50 paise. 2. Affidavit. 3. Two copies of recent record of right (Record entry) and sketch map of the subject land duly signed by the Tehsildar and Patwari. 4. In case proposed land is jointly recorded, NOC of all the adjacent co-tenants is required. 5. 3 (three) copies of site map in the scale (1cm:20 Mtrs) of the area intended to be diverted, marked on the entire survey number with dimension, adjoining survey numbers, land marks, means of access etc. 6. 5 Nos. Photograph of the proposed site with signature of the applicant with date. 7. Written detailed justification for the required conversion. 8. Submit form to the Sub Divisional Officer or to the Tehsildar's Office in area along with all other requirements. 9. The SDO will examine your proposal, and once all formalities are completed the officer will issue order of diversion.
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Conclusion In this context, that various economies have tried to evolve a strategy for land use and its allocation over different sectors. The most important thread underlying the policy approaches across various economies is recognition of market failure in allocating land across different economic activities, especially the shift away from the primary sector, where intrinsic value of land as a natural resource is still retained. Obviously, marginal productivity measured in terms of monetary value is not the appropriate indicator for determining the diversion of land from the primary to other sectors in the economy.
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Webliography 1. https://www.wikiprocedure.com/index.php/Chhattisgarh_ _Apply_for_Division_of_Land 2. http://gsplanet.ac.in/student-resources/current-affairs/english/item/1580-landdiversion-in-india 3. http://www.oneindia.com/2006/12/15/diversion-of-agricultural-land-for-nonagricultural-purposes-1166177304.html
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