1st Edition
The Land Question in Neoliberal India Socio-Legal and Judicial Interpretations
This book examines the land question in neoliberal India based on a cohesive framework focusing on socio-legal and judicial interactions in a point of departure from the political-economy approach to land issues. It sheds light on several complex aspects of land matters in India and evolves a critical and multi-dimensional discourse by mapping out exchanges between social and political actors, the State, elites, citizenry, and the legal battle or judicial interpretations on land as right to property.
Based on the themes of socio-legal policy and perspective on ‘land’ on the one hand and jurisprudence on the land question on the other, the volume discusses topics such as conclusive land titling; urban land governance; governance of forest land; land-leasing practices, policies, and interventions from the perspective of women; land acquisition policies and laws; how land matters interface with environmental issues; and judicial debates on ‘compensation’ against land acquisitions. It covers a wide range of case studies from all over India by bringing together specialists from across backgrounds.
Comprehensive and topical, this book will be useful to scholars and researchers of development studies, political studies, law, sociology, political economy, and public policy, as well as to professionals in NGOs, civil society organisations, think tanks, planning and public administration, lawyers, civil services and training institutes, and judicial and forest academies. Those working on rural and urban land issues in India, land management, land governance, environmental laws and governance, property rights, resource conflicts, social work, and rural development will find this book to be of special interest.
Foreword by T. Haque
1. Introduction
Varsha Bhagat-Ganguly
Part 1. Socio-Legal and Policy Perspectives on ‘Land’
2. Approaches and Methods of Land Title Legislation in India: Far from Reality or Close to the Ground?
Amlanjyoti Goswami, Deepika Jha, and Kaye Lushington
3. Critical Assessment of Recent Real Estate Regulatory Reforms in Urban Spaces: Whether Trickle-Down Effect is for All?
Ray Sharat Prasad
4. The Forest Rights Struggle and Redefining the Frontiers of Governance: Dismantling Hegemony, Restructuring Authority, and Collectivising Control
C. R. Bijoy
5. Maharashtra Agricultural Land Leasing Bill, 2017: Exploring Opportunities for Landless and Women’s Collectives
Seema Kulkarni and Pallavi Harshe
6. Customary Rights and Traditional Wisdom: Furthering Land Governance in Northeast India
Sonali Ghosh and Chandra Bhushan Kumar
Part 2. Evolving Jurisprudence on the Land Question
7. Land Acquisition Law in Neoliberal India: Old Wine in a New Bottle?
Rita Sinha
8. Land Acquisition for Economic Development: A Comparative Analysis of Some Landmark Court Judgments of United States of America and India
Malabika Pal
9. Neoliberalism, Environmental Protectio,n and Regulation of Land
Shiju Mazhuvanchery
Biography
Varsha Bhagat-Ganguly has served as Professor at the Centre for Rural Studies, Lal Bahadur Shastri National Academy of Administration, Mussoorie; and Nirma University, Ahmedabad; and as Fellow at the Indian Institute of Advanced Study, Shimla (all in India). She actively researches on social and developmental issues. Apart from contributions to journals and books, she has edited three academic journals. Among her 14 publications are: Protest Movement and Citizens’ Rights in Gujarat (2015); Land Rights in India: Policies, Movements and Challenges (2016); Journey towards Land Titling in India (2017); and India’s Scheduled Areas: Untangling Governance, Law and Politics (2019). A forthcoming publication is Electronic Waste Management in India: Opportunities and Challenges.
