Dr.

SHAKUNTALA MISRA NATIONAL

REHABILITATION UNIVERSITY
Lucknow
Faculty of Law

PROJECT ON
[Sustainable Land Administration and Sustainable Land
Management]

For
COURSE ON ‘U.P. Land Law’

Submitted by
[Ashwani Singh]
Academic Session: 2018-19

Under the Guidance of

Mr. Gulaab Rai
Ast. Prof. in Law & Faculty for U.P. Land Law
Faculty of Law
Dr. Shakuntala Misra National Rehabilitation
University

1
 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
 INTRODUCTION
Sustainable development can be defined in technical terms as a development path along
which the maximization of human well-being for today’s 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.

1
Sustainable Land Management: Guidelines for Impact Monitoring.

3
Land administration is the “process of determining, recording and disseminating
information about ownership, value and use of land when implementing land management
policies”2

2
Questions on Sustainable Land Administration , By András OSSKÓ, Hungary

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 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.

3
Sustainable Land Management: Guidelines for Impact Monitoring.

5
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.

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Sustainable Land Maangement In Terms Of Land Users' Choice Of
Options4
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,
economic and political framework as well as their inter-linkages. If such systems are
identified in a participatory manner involving different stakeholders, indigenous experience

4
Sustainable Land Management: Guidelines for Impact Monitoring
5
Sustainable Land Management: Guidelines for Impact Monitoring

7
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 India’s 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 country’s 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
administration—which fell into neglect after independence—is 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.

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 ROLE AND FUNCTION OF LAND ADMINISTRATION 6
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 it’s very well known by experience, the existence of legal and
institutional framework itself doesn’t guarantee the sustainable operation of land
administration. There are many other conditions which are important for the operation of
sustainable land administration.

6
Questions on Sustainable Land Administration , By András OSSKÓ, Hungary

9
−legal and institutional framework( cadastre, land registry, valuation, taxation, etc.)
−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 Acquisition 7
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 Tata’s 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.

7
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
 Thus the Eleventh Five year Plan calls for a flexible land policy which will make
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

8
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

8
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
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
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
people’s choices”26. 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. It’s 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.
9
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)
10
Questions on Sustainable Land Administration , By András OSSKÓ, Hungary

14
15
 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 András OSSKÓ, 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)

17