VILLAGE COMMONS – A LEGAL CASE STUDY ON INDUSTRIALIZATION IN A PERI-URBAN TAMIL NADU

AUTHOR – DR. C. ANITA FABIYOLA, ASSISTANT PROFESSOR AT CHENNAI DR. AMBEDKAR GOVT LAW COLLEGE, TIRUVALLUR

BEST CITATION – DR. C. ANITA FABIYOLA, VILLAGE COMMONS – A LEGAL CASE STUDY ON INDUSTRIALIZATION IN A PERI-URBAN TAMIL NADU, ILE MULTIDISCIPLINARY JOURNAL, 2 (2) OF 2023, PG. 01-15, ISSN – 2583-7230.

Abstract

Village commons are used by the communities as a common resource for livelihood. Owing to urbanization and industrialization, the State under land acquisition Laws utilizes village commons for establishing industrial parks and various other ‘development’ projects. This study focuses on the legal framework that governs the village community’s ownership of the common areas and the concerns surrounding the preservation of rural and semi-urban resources. More precisely, the Madras High Court questioned whether the industrial park’s (SIPCOT) acquisition of common property grazing and water catchment lands will impact the rights of the local community, whose subsistence depends on the livestock.  This paper observes the dynamics of judicial interpretation. The paper assumes importance in the context of judiciary consistently structuring the policy of the State and their implementation in the management of village commons. A field study was conducted in the village to better understand how the Court’s recommendations are being implemented and how the people who were formerly reliant on the village commons are making a living.

Keywords: Village Commons, Peri-Urban, Industrialization, Land Acquisition Laws, Judiciary.