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
[Vidita Katyayini Pandey]
Academic Session: 2019-20

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

1
Sustainable Land Management: Guidelines for Impact Monitoring.
2
Questions on Sustainable Land Administration , By András OSSKÓ, Hungary

3
 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.

4
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.

5
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 and external knowledge (scientific, interdisciplinary expertise, etc.) can form
a broad, common pool of possibilities for enhancing SLM. Starting points for corrective

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

6
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 ADMINISTRATION6
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.


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

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

8
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 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. 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.

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)

10
 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
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

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)

11
 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

13
 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

14
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)

15