Abstract
Investment in infrastructure development such as road, railways, airport, hydropower, irrigation and town development for public purpose is very important for the development of any country and needs a huge quantity of land. The main objective of the paper is to find out the gaps on land acquisition and compensation processes for infrastructure development projects in Nepal. This research paper is based on the desk study using the experiences of the cases in infrastructure development projects in China, India, Malaysia and Norway. In this study, we emphasize three main issues for identifying the gaps in land acquisition and compensation and these are i) law and regulations, ii) procedure for land acquisition and compensation, and iii) land valuation approaches for compensation. The relevant land governance elements such as public participation, access to information, fair compensation, transparent procedure and stakeholder co-ordination are derived using the World Bank Land Governance Assessment Framework (LGAF) and UN-FAO Voluntary Guideline of Governance of Tenure. The study shows that the practices and processes in compulsory purchase and compensation are quite different in different countries due to its legal, social and political contexts. The study reveals that the different countries have different law and regulations, procedure for land acquisition and land valuation approaches depending upon social, political and economic conditions of the country. The major gap identified from the study about the situation in Nepal is the implementation aspects of land acquisition, compensation and land valuation system in reference to good governance principles namely public participation, access to information, transparent procedure and stakeholder’s interaction.
Highlights
Land has always played a crucial role in life of human community and is basics to human existence and a limited resource
Office c The Project-in-chief, if the land has been acquired for a project, and if it has been acquired for any other purpose, an officer designated by the Chief District Officer, d A representative of the District Development Committee. b) Procedure for Land Acquisition and Compensation Mostly, land is expropriated for infrastructure development
An ad hoc committee consisting of Chief District Officer, Land Administrator or Chief of the Land Revenue Office, The Project-in-chief, if the land has been acquired for a project, and if it has been acquired for any other purpose, an officer designated by the Chief District Officer, A representative of the District Development Committee land valuation system exists for land acquisition and compensation in Nepal
Summary
Land has always played a crucial role in life of human community and is basics to human existence and a limited resource It plays an important role as a financial asset. The Voluntary purchase, land consolidation (readjusting) and compulsory purchase are the common ways for land acquisition in infrastructure development. The land readjustment allows land assembly, especially when the budgets for compulsory purchase and infrastructure provision are limited. Expropriating land with low market value is common for the land acquisition in developing countries [3]. The issues such as land valuation, compensation, and violation of rights, loss of ownership and livelihood of affected people come together during land acquisition.
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