土地征用与人权途径:个案研究

Dr. Yuvraj Dilip Patil
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摘要

全国的基础设施必须迅速扩大。工业化,特别是以制造业为基础的工业化也在加速。城市化是不可避免的。土地是所有这些过程的基本要求。政府还需要为各种公共目的征用土地。在任何情况下,征地的方式都必须充分保护土地所有者的利益,以及那些依靠被征地为生的人的利益。我国宪法规定,土地是国家主体,而土地征用是共同主体。到目前为止,管理土地征用过程的基本法是1894年的《土地征用法》。虽然《基本法》经过多次修订,但令人痛苦的是,它显然已经过时了。印度的土地征用过程现在已经有了一个有争议和有争议的层面,因为政府为各种项目征用土地存在严重的反对意见。最近,在大诺伊达地区,来自至少20个村庄(塞尼、伊特瓦里、比斯拉克、海巴图尔和帕特瓦里等)的农民对北方邦政府征用土地表示不满。目的:对发展用地征用与生计权问题进行批判性研究。本文以大诺伊达地区为例,对土地征用问题进行了研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Land Acquisition & Human Right Approach: A Case Study
Infrastructure across the country must expand rapidly. Industrialization, especially based on manufacturing has also to accelerate. Urbanization is inevitable. Land is essential requirement for all these processes. Government also needs to acquire land for a variety of public purposes. In every case, Land acquisition must take place in a manner that fully protects the interests of land owners and also of those whose livelihoods depend on the land being acquired. Under our Constitution, land is a State subject but land acquisition is a Concurrent subject. So far, the basic law governing the land acquisition process has been the Land Acquisition Act, 1894. Although it has been amended from time to time, it is painfully evident that the basic law has become archaic. The land acquisition process in India has now assumed a controversial and debatable dimension as there are serious objections to the acquisition of land by the government for various projects. The recent uproar against the land acquisition in Greater Noida where farmers from at least 20 villages (Saini, Itwari, Bisrakh, Haibatur and Patwari, among others) agitating over land takeover by the Uttar Pradesh Government. Objective:Critical study of the acquisition of land for development purpose & right to livelihood. In this research paper the author focused on the problem of acquisition of land in the light of a case study of Greater Noida.
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