This article outlines the legislative history of the Land Acquisition Act (Cap 152, 1985 Rev Ed) and the philosophy behind the legislation. The main thrust of the article is its analysis of the circumstances leading to the amendments to the Land Acquisition Act. In so doing, it also examines the development of the compensation framework and its implications for landowners. A number of landmark cases on interesting issues have also been referred to and these serve to illustrate the changing paradigms of the State and the landowners with the passage of the laws on compulsory acquisition.

Over the Last three months, acts of unconceivable evil were perpetrated through an eviction operation against indigenous pastoralists in Loliondo. Loliondo is one of the three Divisions of the Ngorongoro District situated in the Arusha Region in Northern Tanzania. The Ngorongoro District Covers an area of about 14037 square Kilometres. Stretching across some 8,300 sq km, is the Ngorongoro Conservation Area, established in 1959 and governed by the Ngorongoro Conservation Area Authority, and the rest is the Loliondo Game Control Area consisting of the Sale and Loliondo Divisions.

ABSTRACTED FROM INTRODUCTION: 

In pursuing its aim to develop housing rights jurisprudence in Sri Lanka and in building the capacity of practising lawyers in the field of housing rights, COHRE Sri Lanka initiated a research project on housing and land laws in Sri Lanka. This publication is based on the findings of this project and is intended to provide an introduction to Sri Lanka’s housing and land laws. Its detailed analysis is confined to the main laws relating to land and housing.

A fact-finding mission team was formed as a result of consultative meetings on the land dispute between the village government and pastoralists in Vilima Vitatu village in Babati district. The team was comprised of the following members: Kassian Mshomba (LHRC), Seif Mangwangi (Majira), Diana Mawalla (PINGOs Forum), Hamadi Sadick, Emmanuel Cornel (PINGOs Forum), Asraji Mvungi (ITV), Rodgers Luhwago (The Citizen), Bakari Mnkondo (Uhuru), Bernard Baha (HakiArdhi) and Chambi Chachage (Independent Researcher).

The meaning and scope of the concept of Community-Based Property Rights (CBPR) has become a dominant feature of conservation and development policy discourse over the last decade. The debate has largely been shaped by the growing trends where governments have continued to appropriate traditional lands for conservation and development activities that have resulted into large scale dislocation and widespread disenfranchisement of sections of our society.

An Act to provide for the compulsory acquisition of lands for public purposes and in connection with housing schemes.

An act to provide for the acquisition of land in the national interest and other purposes connected therewith

An Act to make provision authorizing the acquisition of property for public and other purposes, and for settling the amount of any compensation to be paid, or any matter in difference.

     An Act to provide for the acquisition for public purposes of waste land in Bangladesh

Despite a comprehensive regulatory framework on land matters, compulsory land acquisition in Tanzania has been associated with complaints and delays in compensation payments an indication that good governance principles might not be under serious consideration.

Compulsory land acquisition tool facilitates obtaining of land for provision of infrastructures and development projects. Its successful implementation requires adoption of good governance merits such as participation, transparency, rule of law and accountability for better livelihood rebuilding of project affected people.