Environmental Study of “Village” and its Effects to Judging About the Rural Land Use Change (Case Study: Ranching in Environment of a Village in Unification Judgment No 760 of Supreme Court)

Abstract

Village is the principal subdivision of territory. In Law of Territory, it is accepted that a small society in villages contributes to create a city and cities to big city and so for to province and capital and country. This meaning is not vide from its philosophical dimension. What is the reality of village that necessitate to have such a deep role in our territorial subdivision? It is rarely discussed in law and rarely is a challenge in its dimension. The reality is that the works are done in village is completely different from what is doing in a city and or in bigger cities. The question is that if the notion of work and the example of land use in villages should be compatible by that reality of village? First, approach in confronting to village and farms and gardens could be that approach which is currently accepted in private law and property law. The man who is the owner of a land or garden has the ownership on it so he can do anything he will on his land or his garden. There is not any restriction. This approach can create a kind of concurrence between village and city to being a city in future by predicable defeat of village in that unfair competition. Another approach is that there should be some administrative definition of land using in village and so, controlling that using legally. Also, this approach can kill the reality of village. In the other word, by changing the people’s views in every village, the village will simply be changed to other smaller or larger community. So, it is clear that our questions in this research are that what is the village? What is its reality? What is its importance to keep the village for ever to being always village and how can prevent the works that are inconsistent to the reality and philosophy of village?