Disposal and administration of Government land : emerging trends in the light of recent enactments and jurisprudence

Abstract

This paper aims to provide legal scholars with a comprehensive study of the current legal system regulating the disposal of Government land. Over the years, the citizens became more interested in understanding how land owned by the State is disposed of, eventually leading to a call for a reform of the old legal model regulating such disposals. The objective of this paper is to identify cases, legal difficulties and uncertainties under the old law that may have precipitated the need for a change. Additionally, further insight is provided into whether the recent amendments have resolved these issues in an effort to prevent such situations from repeating themselves. Consequently, challenges addressed by the Court in relation to the reform are identified. Furthermore, cases that are not yet res judicata are discussed despite being recent and still unadjudicated. The law regulating Emphyteutical concessions has gone through numerous changes, including the introduction of new regulations. Therefore, Chapter 3 is especially dedicated to this contract in an endeavour to examine the technicalities inherent in this title. Nonetheless, all methods of disposal are addressed accordingly. In spite of the benefits of analysing the elements of Public Domain, this paper deliberately refrains from doing so since it may deviate from the scope of the study, which focuses exclusively on changes concerning disposals. Moreover, the paper considers whether the law has moved closer towards achieving more regulation, transparency, good governance and accountability on behalf of the Government.