The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations

This article identifies and analyzes the theoretical, constitutional, and practical bases for governmental land acquisition in Vietnam from a comparative perspective. The authors contrast political ideologies of private ownership and public interests to elucidate the grounds for compulsory acquisition of property for public uses. By reviewing constitutional provisions on compulsory land acquisition in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.

Political Domination and Economic Dispossession of Farmers: The Case of Land Acquisition for Special Economic Zones in India

Involuntary acquisition of agricultural land for setting up of Special Economic Zones (SEZ) in India benefited the elite at the expense of small farmers who were and are the dominant voting group. Consequently, such policies were met with fierce political resistance by farmer organizations across the country. However, these movements have a mixed record against land acquisition attempts by the state and large corporations. This paper presents a simple model of the political conflict between the elite and small farmers over land acquisition to show how the elite may mobilize resources to ensure that their economic interests are protected even in democracies where they are in electoral minorities. We test the predictions of our model using a new data set compiled on SEZ projects that failed to acquire land because of farmer agitations. We show that factors like inequality in land ownership (class) and hierarchies of caste hinder the ability of small and marginal farmers to successfully organize collective action against land acquisition. Further, the division of votes along caste and ethnic lines also dilutes the potential for successful farmer agitations against land acquisition. Finally, we find that historically marginalized communities also resist land acquisition even when they face greater caste-based discrimination in the traditional village economy.

Tribal Property Rights: A Legal Analysis

In our country, the property rights of tribals are in extreme jeopardy. Despite various legislations and laws that ensure that property rights to the tribals are not denied, the situation is dire. There is also a massive power imbalance; the tribes have no power against the states and are always the victims. A constitutional provision like the Fifth Schedule is highly outdated and centralizes the decision-making rights of tribals. The PESA Act established to ensure that tribals are more involved in decision-making has been manipulated and not appropriately implemented. The LARR Act and the FRA Act, dealing with land acquisition laws and tribal property rights, respectively, have successfully been diluted by the states as well the central government.

Delay Factor Analysis for Indian HAM Highway Construction Projects

Government has approved the hybrid annuity model (HAM) for building National Highways (NH) to speed up the construction of roads in the country by renewing interest of private developers in highway projects. 40% the Project Cost is to be provided by the Government as Construction Support during the construction period and the balance 60% as annuity payments over the operations period along with interest thereon to the concessionaire. Execution of hybrid annuity model (HAM) projects, which is the preferred mode of awarding by the National Highways Authority of India (NHAI), is largely on schedule with about 60% of projects, covering 3,200 km of roads, completed on time. The rest of the projects, however, are delayed largely due to various reasons. In order to identify and analysis of delay causes in highway projects of HAM model, this study provides a questionnaire survey-based study. Land acquisition delay is found as the most severe delay cause of highway projects of HAM model. Waste of time in controlling the traffic is found as the least severe delay cause of highway projects of HAM model. The study is supposed as useful to HAM construction managers for delay analysis of highway projects. Keywords: Hybrid annuity model, Highway projects, Delay analysis, Questionnaire survey.

LAND DISPUTE SETTLEMENT POST LAW NO. 2 OF 2012; GLAGAH VILLAGE CASE STUDY RELATED TO NYIA AIRPORT

The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new model of land dispute resolution from the perspective of affected communities against NYIA. This research is normative-empirical based on primary and secondary data, namely a literature study, field study, using purposive sampling with interviews, FGD, observation, and qualitative descriptive analysis. The result showed the failure of formal litigation and non-litigation approaches offered by Law No.2 of 2012 to resolve the disputes fairly. Village discussions based on local wisdom as a new model for equitable land dispute resolution needs a political review of Law No. 2 of 2012. The new paradigm of agrarian reform must be based on customary law and local wisdom values in the 1945 Constitution and the Agrarian Law. Given recent controversies concerning land disputes, a law on reform and structuring the national agrarian structure, Agrarian conflict resolution law, and law of natural resources management for the community are urgently needed.

Socio-Economic Impact of Land Acquisition in Chhattisgarh

As we know land reforms on land acquisition is directly associated with different development. It aims to improve poor people access towards mean of social welfare. In fact India and Chhattisgarh state is not an exception the above rule and policies. For land reform and acquisition in Chhattisgarh. In this research paper, an attempt has been made to cover various land displacements in Chhattisgarh. This research paper has been prepared mainly on the basis of secondary data from it. Like other places, Chhattisgarh has also seen the following effects of land displacement, such as in social life, in children, in women, in employment, the opposite effect is seen. An attempt has been made to explain the impact of land displacement in Korba, Chhattisgarh, where the common life of the displaced people has been particularly affected.

Ordinary Fragmentation: Network Secession of Urban Centers in Jakarta

Drawing from the literature on ‘premium networked spaces’, introduced in Graham and Marvin’s seminal work Splintering Urbanism in 2001, this paper argues that splintering or fragmentation of networks – and ultimately urban space – is constituted in so-called premium enclaves in Jakarta. Our study exemplifies that significant land acquisition and discretionary zoning policy contribute to the splintering of Jakarta’s urban space. This paper uses the TB Simatupang corridor in South Jakarta and Puri Indah CBD in West Jakarta to illustrate the interplay between urban planning and secessionary space production in high-profile economic districts. Lastly, this paper proposes the ‘ordinary fragmented network’ as the norm and expands the idea of the splintering of marginalized parts of the city to also incorporate areas within premium network spaces as part of splintering urbanism. Abstrak. Diambil dari literatur tentang 'ruang jaringan premium' yang diperkenalkan dalam karya mani Graham dan Marvin pada tahun 2001, Splintering Urbanism, makalah ini berpendapat bahwa splintering atau fragmentasi jaringan – dan akhirnya ruang perkotaan, dibentuk dalam apa yang disebut kantong-kantong premium di Jakarta. Studi kami menunjukkan bahwa pembebasan lahan dan kebijakan zonasi diskresioner yang signifikan berkontribusi pada pecahnya ruang kota Jakarta. Makalah ini menggunakan koridor TB Simatupang di Jakarta Selatan dan CBD Puri Indah di Jakarta Barat untuk menggambarkan interaksi antara perencanaan kota dan produksi jaringan pemisahan di distrik ekonomi kelas atas. Terakhir, makalah ini mengusulkan 'jaringan terfragmentasi biasa' sebagai norma dan menggeser ide-ide sempalan dari hanya bagian kota yang terpinggirkan untuk menggabungkan area dalam 'ruang jaringan premium' sebagai bagian dari urbanisme yang terpecah. Kata kunci. Pusat perkotaan, jaringan terfragmentasi, jaringan jalan, Jakarta.