Dergiler / ICONARP International Journal Of Architecture And Planning / 2021 / Cilt: 9 - Sayı: 2

Impacts of Judicial Verdicts on Land Acquisition Practices for Real Estate in Pakistan

Sayfa
680–702
Yayın Tarihi
2022-10-18
DOI
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⚡ TL;DR(1 Cümlede Hızlı Çıkarım)

This paper examines in particular how in such scenarios, the status of such land acquisition practices, turns out especially where superior judiciary had to intervene for streamlining the process.

📌 3 Maddede Bu Makale

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Amaç & Hipotez:It is commonly observed in many regions in the developing countries that inappropriate and legally invalid modes are adopted by realtors (individuals or enterprises facilitating the sale and purchase of property) to procure land, but the reasons behind these procedures are neither documented nor critically analysed, which this paper attempts to do.
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Temel Bulgular & Veri:These findings point towards the requirement for alternative frameworks and supporting theoretical basis which are attuned with these non-confirmative practices and lie beyond the realm of established international literature and practices like Hartmann & Spit, 2015; Krabben & Jacobs, 2013.
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Sonuç & Katkı:This paper examines in particular how in such scenarios, the status of such land acquisition practices, turns out especially where superior judiciary had to intervene for streamlining the process.
🔬Tür:Literatür & Derleme Çalışması
📍Kapsam:2015 Verileri
⚙️Değişkenler:Alan Parametreleri

Abstract

It is commonly observed in many regions in the developing countries that inappropriate and legally invalid modes are adopted by realtors (individuals or enterprises facilitating the sale and purchase of property) to procure land, but the reasons behind these procedures are neither documented nor critically analysed, which this paper attempts to do. Design/Methodology/Approach Five case studies have been chosen for detailed probe. Each case brings into focus different approaches adopted by realtors to acquire land and develop real estate ventures. Review of the judicial records, assessment of case study information and holding focus group discussions for each case are the main ingredients of research methods. The data was then analysed using content analysis method; the data was coded, themes were identified and conclusions were drawn accordingly. Findings The case study accounts included in this study have sufficiently established that the courts verdicts have a contextual connection. These findings point towards the requirement for alternative frameworks and supporting theoretical basis which are attuned with these non-confirmative practices and lie beyond the realm of established international literature and practices like Hartmann & Spit, 2015; Krabben & Jacobs, 2013. Research Limitations/Implications The sensitivity of the case studies made affectees uncomfortable in discussing the cases. Originality/Value Judicial interventions are often initiated when the desired efficiency and legality is not ensured, as is in the case of Pakistan. In such cases, the internationally established theoretical paradigms fall short of providing any explanations (Hartmann & Spit, 2015; Krabben & Jacobs, 2013). This paper examines in particular how in such scenarios, the status of such land acquisition practices, turns out especially where superior judiciary had to intervene for streamlining the process.

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Bu Makaleye Atıf Yap

AHMED, N., AHMED, S., AHMED, S. (2022). Impacts of Judicial Verdicts on Land Acquisition Practices for Real Estate in Pakistan. ICONARP International Journal Of Architecture And Planning, Cilt: 9 - Sayı: 2, 680–702. https://ajindex.com/articles/538250

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Kaynakça (8)

  1. Akhtar, F., & Hossain, S. (2011). Impacts of Private Land Development Projects in Flood Flow Zones of DMDP Area: Case study of Tetuljhora Union, Journal of the Bangladesh Institute of Planners, 4(December), 57- 70. Ali, N. S. (2019, September 29). Bahria Town and Others: Greed Unbound, Daily Dawn Karachi. Ali, N. S. (2020, January 1). Triumph of Greed, Daily Dawn Karachi. Anwar, F. (2014). Rural Karachi – Facing an Existential Threat. Karachi: SEHRI-Citizens for a Better Environment. Ariyawansa, R., & Gunawardhana, W. (2016). Guidelines for Real Estate and Case Study Analysis, Maharagama: Department of Estate Management and Valuation, University of Sri Jayewardenepura. Bombay High Court. (2014). Judgement in Land Acquisition and Compensation Dispute of City and Industrial Development Corporation vs. Bivalkers. Bombay: Bombay High Court. Bony, S., & Rahman, S. (2014). Practice of Real Estate Business in Bangladesh: Prospects & Problems of High-rise Buildings, IOSR –Journal of Business and Management, 16(7), 1-7.
  2. Caron, C. (2018). Property Rights and Resource Governance- Pakistan Country Report, Washington D.C.: US Agency for International Development. Clinch, P., O’Neill, E., & Russell, P. (2008). ‘Pure’ and ‘Impure’ Coasian Solutions in Planning, Town Planning Review, 79(6), 623-650.
  3. Hartmann, T., & Spit, T. (2015). Dilemmas of involvement in land management – Comparing an active (Dutch) and a passive (German) approach, Land Use Policy, 42, 729-737.
  4. Harvey, M. J. (2010). Social Conflict over Property Rights: The End, the Beginning or a Continuing Debatessue, Housing Policy Debate, 20(3), 329-349.
  5. Hasan, A., Ahmed, N., Raza, M., Sadiq, A., & Ahmed, S. (2015). Karachi: The Land Issue. Karachi: Oxford University Press.
  6. Hong, Y.-H., & Tierney, J. (2018). Land Readjustment: An Introduction. In UN-Habitat, Global Experiences in Land Readjustment: Urban Legal Case Studies, Volume 7 (pp. 1-13). Nairobi: UN-Habitat Settlements Program. Jacobs, H. M. (2010). Social Conflict over Property Rights: The End, a New Beginning, or a Continuing Debate? Housing Policy Debate, 20(3), 329-49
  7. Krabben, E. v., & Jacobs, H. M. (2013). Public land development as a strategic tool for redevelopment: Reflections on the Dutch Experience. Land Use Policy, 30, 774-783.
  8. Mandelker, D. R. (Fall 2017). New Perspectives on Planned Unit Developments. Real Property, Probate and Trust Law Journal, 52(2), 229- 289. Mathews, R., Pai, M., Sebastian, T., & Chakraborty, S. (2018). State Led Alternati