Social Function of Property (SFP) in India: Is Credibility of Property in Informal Settlements Emerging ?

Authors: Sony Pellissery, Sattwick Dey Biswas, Varun Panickar and Saishree Priyadarshini

Abstract

Increasingly inequality in property is beginning to jeopardize social relations. Some of the resultant outcomes from such strains are: inter-household / social conflicts, segregated housing arrangements, over exploitation of natural resources to gain more from limited resources, and challenges to quality of living (for e.g. health) due to dense living. Ownership based property regimes are going to deepen this. We are exploring pathways to reduce this tension. We propose Social Function of Property (SFP) based on the principle of productive use as credibility of property could the framework towards this. We reanalyze several case laws which has disputes around use of property. Our analysis is keeping in mind the principles of SFP. In addition, we also look at slum eviction cases. In these analyses we aim to understand if credibility of the property – based on functionality – is forming a basis for recognizing the property rights.

Our findings indicate there is very little evidence, currently in property regimes to acknowledge functionality. Yet, we notice prospects for SFP in Indian informal settlements are huge since mutual recognition of property is often much more stronger than what the state can observe and certify. We also noticed that social function is often interpreted as protection of ecology, when court considers the cases. This is a new dimension that is brought to original SFP framework.