How do you define ‘land’ (Goathi)? What is the concept of a land owner? What rights and to what extent do you expect to enjoy these rights within the boundary of your land? Why does continuous rain of 6-8 hours create mini-pools on many major roads of Male’? Why do many Islanders express dissatisfaction on their Harbour depths and break water heights? Why can’t Travelers trust their GPS maps? This list can be continued for pages. Existence of numerous such matters represents the importance of a National Land Survey Authority to implement, regulate and maintain a proper Land law (cadastral system), surveying and mapping mechanism.
Construction of 16 storey hotel at H.Athireege during 2008 generated various problems/issues most of which were damages caused to private properties that were not protected by a legal frame of cadastre. Apart from this, we all know that in Maldives, especially in Male’ conflicts regarding ownership, common boundaries and easements of lands are numerous and it has lead to many of the prevailing social issues of the country.
According to the 2003 World Bank report on ‘Land Policies for Growth and Poverty Reduction’, “access to land and the ability to exchange it with others and to use it effectively are of great importance for poverty reduction, economic growth, and private sector investment as well as for empowering the poor and ensuring good governance”.
So, even according to the World Bank, we need sustainable land policies (a cadastral system) or a land administration system for proper determination and recording of ownership, value and the use of land to accelerate economic growth and to eradicate poverty. Although we do have a law named “Maldivian Land Act” (Dhivehirahjeyge Bimaabehey Gaanoonu), I find it legally incomplete to deliver those things mentioned above.
Let’s look at a different scenario showing the same necessity of a proper land law and Cadastral system. A recent headline at Haveeru daily read as follows, “A claim has been raised by MP Rozaina Adam against MP Ahmed Rasheed due to his squawking Cockatoo”, Most of those who commented on this story have taken it as a political propaganda or a ridiculous joke. But for me this is an interesting legal issue related to Land law which we ‘don’t have’ in our legal system. Legally, everyone should be entitled to enjoy his/her property/land without ‘interference’ from neighbours.
Under the Companion Animals Act 1998 of New South Wales – Australia, “…a council officer has the power to issue a nuisance order to the owner of the animal creating a persistent noise. The order can be issued to either the registered owner of the animal or to the person who normally keeps the animal. The animal can be declared a nuisance if they bark or make another noise that keeps occurring or continues to such a degree that it unreasonably disturbs neighbours. The order remains in force for six months. If the owner does not comply with the order, the owner may face a fine of $550 or more”.
Yes, formation of Maldives Land and Survey Authority would be an addition to the increasing number of various corporations, companies, and offices whose necessities are being questioned by many of us. And I am not a fan of this extravagance policy of the government. But, as it is done in the developed and developing countries, we urgently need a Land and Survey Authority.
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