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This book examines how property rights are linked to socio-economic progress and development. It also provides a theoretical analysis, an economic/social analysis of planning, case studies of the implementation of planning and regulation instruments, practices related to law and planning, analysis of case laws in a particular segment. The interconnection between property, law and planning is a running theme throughout the book. The land question has been central to South Asian development on two counts: First, although the majority of the population relies on agriculture and allied activities their livelihood, landholding is highly skewed; second, urban planning is facing unprecedented challenges due to bourgeoning property values as well as gush of migrants to cities seeking livelihood. The response to these challenges in the form of laws and policies has been very large compared to the academic attention that is received. However, the measures emerging from planning and policies have had limited impact on the extent of the problems. This paradox calls for serious introspection and academic engagement that this book undertakes. The book further deals with the emerging discipline of planning law, which determines property value and use, and argues that regulatory issues of public policy determine the property valuation and property pricing.
"Attention to value capture as a source of public revenue has been increasing in the United States and internationally as some governments experience declines in revenue from traditional sources and others face rapid urban population growth and require large investments in public infrastructure. Privately funded improvements by land-owners can increase the value of their land and property. Public actions, such as investments in infrastructure, the provision of public services, and planning and land use regulation, can also affect the value of land and property. Value capture is a means to realize as public revenue some portion of that increase in value through various revenue-raising instruments. This book, based on the Lincoln Institute of Land Policy's sixth annual land policy conference in May 2011, examines the concept of value capture, its forms, and applications. The first section, on the conceptual framework and history of value capture, reviews its relationship to compensation for partial takings; the long history of value capture policies in Britain and France; and the remarkable expansion of tax increment financing in California. The second section reviews the application of particular instruments of value capture, including the conversion of rural to urban land in China, town planning schemes in India, and community benefit agreements. The third section focuses on ends instead of means and examines the use of value capture by community land trusts to provide affordable housing, the use of land development to finance transit, and the use of various fees to fund airports. The final section explores potential extensions of value capture mechanisms to tax-exempt nonprofits and to the management of state trust lands in the United States."--Publisher's website.
This book examines key issues concerning land acquisition, and puts forward policy suggestions. Land acquisition is one of the most important issues besetting India’s political economy today. There have been many conflicts surrounding acquisitions; but there have been ample peaceful acquisitions, too. Growth in any economy requires more land. Hence in India too, in the future more and more land will be required for the purposes of infrastructure expansion, industrialization, urbanization etc. The book also examines a number of broader policy issues in the context of land reforms and shows how a successful resolution of the land acquisition matter is vital to attaining a high rate of growth. Using a case study method, the book examines the process of land acquisition in detail and its implications for farmers. It finds that the development of acquired land leads to higher growth and higher employment; and it also leads to improvements for the dalits (the backward class p eople). Benefits in terms of higher revenues for the government are also observed. It argues that, if the acquisition process is properly executed, those farmers who lose land will not oppose acquisition but will instead become partners in the process of growth.
This volume engages with the topical issue of land rights in neoliberal India. It examines government policies, laws, land governance and land reforms from the perspective of social justice and people’s response to dispossession of land. Looking beyond the dominant discourse of land acquisition and the conception of land as a commodity for economic growth, the book explores critical themes including issues of social identity, culture, livelihood and food security through a study of land reform; reviews existing land policies and legal dimensions; and discusses issues and challenges of land governance and land dependents as well as perspectives from people’s movements. Lucidly written, based on empirical research, and comprehensive in its treatment of a contentious concern, this volume will be useful to scholars and researchers of economics and public policy, development studies, political science, and political economy. It will also interest scholars of South Asian studies and sociology.
This book is a critical study of the laws regulating landownership patterns. Land and land law are woven into the fabric of our society and are therefore integral to the substantive questions of equality and developmental ideologies of the state. This volume uncovers the socio-economic realities that surround land and approaches the law from the standpoint of the marginalized, landless and the dispossessed. This book: Undertakes an extensive survey of existing legislations, both at the union and state level through a range of analytical tables; Discusses the issues of land reform; abolition of intermediaries and tenancy reform; need for redistribution; ceilings on agricultural holdings; law of land acquisition; legal construction of public purpose and displacement, dispossession, compensation, and rehabilitation to construct a case for redistribution; Inquires into the phenomenon of landlessness that widely prevails in India today and lays bare its causes. An invaluable resource, this volume will be an essential read for all students and researchers of law, political studies, sociology, political economy, exclusion studies, development studies, and Asian studies.
The book discusses important developments emerging around the land questions in India in the context of India’s neoliberal economic development and its changing political economy. It covers many issues that have been impinging the political economy in land and livelihoods in India since the 1990s, examining the land question from diverse methodological standpoints. Most of the chapters rely on evidence generated through primary surveys in different parts of the country. The book, via its diversity of approaches and methodologies, brings out new and hitherto unexplored and/or less researched issues on the emerging land question in India. The range of issues addressed in the volume encompasses the contemporary developments in the political economy of land, land dispossession, SEZs, agrarian changes, urbanisation and the drive for the commodification of land across India. The authors also examine role of the state in promoting the capitalist transformation in India and continuities and changes emerging in the context of land liberalisation and market-friendly economic reforms.
For the first century-and-a-half of its nearly 275 year existence, the English East India Company remained ostensibly a mercantile enterprise, satisfied to simply trade, competing with other European traders. In the middle of the eighteenth century, as a response to French expansion in India, the East India Company redefined itself, becoming an active participant in India’s ‘game of thrones’. Through the use of its military might, only tentatively supported by the English Crown and Parliament, the Company dominated trade, became a king-maker, and ultimately a colonial administrator over much of the Indian Subcontinent. The Company had become a state in the guise of a merchant. The Company consolidated its position in Bengal, then began to exert its power by toppling local potentates and absorbing one princely state after another. Confronted with a land system that was built on custom and tradition, and not law, with no tradition of land ownership, the British were forced to formulate a new land tenure and revenue system for India, one based on British principles of property. Permanent Settlement was the new government’s first attempt at creating a new revenue system. Through its creation, for the first time, private property rights were conferred on the formerly non-landowning zamindars. Which, as this authoritative volume notes in turn, created a land market, destabilizing the political and social structure of India irretrievably.
Owning Land, Being Women enquires into the processes that establish inheritance as a unique form of property relation in law and society. It focuses on India, examining the legislative processes that led to the 2005 amendment of the Hindu Succession Act 1956, along with several interconnected welfare policies. Scholars have understood these Acts as a response to growing concerns about women’s property rights in developing countries. In re-reading these Acts and exploring the wider nexus of Indian society in which the legislation was drafted, this study considers how questions of family structure and property rights contribute to the creation of legal subjects and demonstrates the significance of the politico-economic context of rights formulation. On the basis of an ethnography of a village in West Bengal, this book brings the moral axis of inheritance into sharp focus, elucidating the interwoven dynamics of bequest, distribution of family wealth and reciprocity of care work that are integral to the logic of inheritance. It explains why inheritance rights based on the notion of individual property rights are inadequate to account for practices of inheritance. Mondal shows that inheritance includes normative structures of affective attachment and expectations, i.e., evaluatively-charged imaginaries of the future that coordinate present practices. These insights pose questions of the dominant resource-based conceptualisation of inherited property in the debate on women’s empowerment. In doing so, this work opens up a line of investigation that brings feminist rights discourse into conversation with ethics, enriching the liberal theory of gender justice.
This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
Winner of the 2019 Global and Transnational Sociology Best Book Award, American Sociological Association Winner of the 2019 Political Economy of World System (PEWS) Distinguished Book Award, American Sociological Association Received Honorable Mention for the 2019 Asia/Transnational Book Award, American Sociological Association Since the mid-2000s, India has been beset by widespread farmer protests against land dispossession. Dispossession Without Development demonstrates that beneath these conflicts lay a profound shift in regimes of dispossession. While the postcolonial Indian state dispossessed land mostly for public-sector industry and infrastructure, since the 1990s state governments have become land brokers for private real estate capital. Using the case of a village in Rajasthan that was dispossessed for a private Special Economic Zone, the book ethnographically illustrates the exclusionary trajectory of capitalism driving dispossession in contemporary India. Taking us into the lives of diverse villagers in "Rajpura," the book meticulously documents the destruction of agricultural livelihoods, the marginalization of rural labor, the spatial uneveness of infrastructure provision, and the dramatic consequences of real estate speculation for social inequality and village politics. Illuminating the structural underpinnings of land struggles in contemporary India, this book will resonate in any place where "land grabs" have fueled conflict in recent years.