Matters to be Considered in Determining the Quantum of Compensation - Free Essay Example

Matters to be considered in determining the quantum of compensation Article 13(2) of the Federal Constitution mentions that the à ¢Ã¢â€š ¬Ã‹Å"compensationà ¢Ã¢â€š ¬Ã¢â€ž ¢ has to be à ¢Ã¢â€š ¬Ã‹Å"adequateà ¢Ã¢â€š ¬Ã¢â€ž ¢. Under Section 12(1) of Land Acquisition Act 1960, the land administrator is needed to make complete enquiry into the assessment of the land obtained in order to ensure the quantum of the compensation accurately and justly for both parties. As per Pemungut Hasil Tanah, Daerah Barat Daya (Balik Pulau), Pulau Pinang v Kam Gin Paik[1], the obligation to enquiry lies on the Land Administrator as per stated under Section 12. The duty is breached if he intentionally disregards resources pertinent to the evaluation and the sum of compensation. The compensation evaluation is more in the character of an objective nature apart from a typically subjective approach. The text book à ¢Ã¢â€š ¬Ã‹Å"Compulsory Acquisition and Compensationà ¢Ã¢â€š ¬Ã¢â€ž ¢ states that the fundamental theory of the law of compensation is that the amount awarded must be able to restore the claimant in the equivalent financial situation as if his land is not compulsorily acquired by the State Authority. Even in the case DK Basu v State of West Bengal[2], the judge said that monetary or pecuniary compensation is a suitable and certainly an efficient and proper remedy in protecting the proprietorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ interest and sufferings. In the measurement of compensation, the importances have to be on the compensatory and not on penalizing aspect. The evaluation of compensation to be rewarded is made by liaising on the Principle s involving on the Determination of Compensation in the First Schedule[3]. There are 3 principles for ensuring the sum of compensation to be rewarded; the market value of the land must be determined, matters to be considered in determining compensation, matters to be neglected in determining compensation and limitation on award. In further, Section 2 of the First Schedule to the Land Acquisition Act 1960 lists 6 elements which are put into consideration while compensation is ensured. Those elements are; market value, increase in value of other land of the person from whom land is acquired, damage caused by severance from any other land of the person from whom the land is acquired, injurious affection, incidental expenses incurred as a result of change of residence or place of business, and accommodation works. In measuring compensation, the acquiring authority may have look upon any raise in value of land the owner keeps that is neighboring to or bordering the land obtained by state authority. This is commonly called as à ¢Ã¢â€š ¬Ã…“bettermentà ¢Ã¢â€š ¬Ã‚ . Betterment is in result the contradictory of injurious affection. There may be possibilities where the method of the acquiring authority may boost the worth of ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s retained land. In an intense case the landlord will get no compensation because the improvement in worth of the retained land is equivalent to or bigger than the damages for the land obtained. The slightest compensation land owner can obtain is nil. In no situations can the state authority anticipate the land owner to pay them. In this case, by right the nearby lands would get increase in the value because of the development made by government which is coming of the highway. But at the same time, it is depends on the type of the adjacent land whether it will get effected because of the development made or will it benefitted from that. For instance, if it is a residential area, then the land value will get increased . But since, Great Developerà ¢Ã¢â€š ¬Ã¢â€ž ¢s land is on agriculture, hence, the value of the land will decrease. Thus the betterment factor effects opposite to them. Land administrator has to consider this element in assessment of the compensation. Severance happens when the harm continues when the Land Administrator is taking control of the land on the ground of separating that particular land from the another land[4]. Paragraph 2(c) First Schedule LAAmentions that adequate compensation has to be given in situation where only particular part of land being acquired. For example the damage happens because of the size or shape of left over land makes it difficult to be developed or the remaining land turn out to be unattractive for investment because of the utilization of land obtained would be place after the land acquisition. This makes the diminution in the value of the left over land occurs by the disadvantage of the obtained severed part. In Great Developerà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, the land was for agriculture use and the division of that particular agriculture land may cause harm to the remaining land in continue providing effective production. This is because highway construction consists of hard building works which may to disturb the land fertility and structure. Injurious affection is where the acquisition injuriously disturbing the possessions of individual involved. Letà ¢Ã¢â€š ¬Ã¢â€ž ¢s say the land acquisition is to construct building on a residential area, whichever that reduces the value such as the obstruction of view and sound pollution also seemed to be injurious affection. It is taken into consideration to calculate the compensation on the production and profits which would decline and ultimately becomes devaluation. The similar consequence will happen as abovementioned where the construction works brings more air pollution as well as the makes the surrounding temperature get higher. The agriculture work on the land beside may get h armed because of these effects. Incidental expenses incurred as a result of change of residence or place of business because of the land acquisition, and the rational costs linked to such adjustments are claimable[5]. Those costs includes such as transport, temporary loss of business, agent fees, fees for legal agreements and commercial costs to restart the business. When an owner is compelled to shift his residence or his business as an effect of the compulsory acquisition, he is permitted for compensation for his removal expenditures. In this case, the Great Developer may have to shift his one part of agriculture setting to another place which will carry some cost for the settlement at new place. So, for this, compensation is claimable after considering the reasonableness. Accommodation works are for the building of infrastructure, drains, walls, fences of other amenities, as long the responsibility is obvious and enforceable. This is carried out to decrease the compensation for severance, injurious affection or interruption. If the state authority in this case builds any additional facilities, then the compensation amount may be reduced for the accommodation provided to Great Developer for their adjacent land. In short, the land owners must be no bad off in economical terms subsequent to the acquisition than they were prior to that. Similarly they must not be any well off. [1] [1983] 2 MLJ 390 [2] [1997] AIR 1997 [3] Land Acquisition Act 1960 [4] Raymond and Sunitha, à ¢Ã¢â€š ¬Ã…“Compulsory Land Acquisition in Malaysia, Compensation and Disputesà ¢Ã¢â€š ¬Ã¢â€ž ¢, lt; https://www.mahwengkwai.com/compulsory-land-acquisition-malaysia-compensation-disputes/ gt; accessed on 4th August 2014 [5] Anuar Alias, Peng and Noor, à ¢Ã¢â€š ¬Ã…“Land Acquisitions Problems in China à ¢Ã¢â€š ¬Ã¢â‚¬Å" Adopting LAA 1960 of Malaysia as An Alternative Procedureà ¢Ã¢â€š ¬Ã‚ , lt; https://fbe.um.edu.my/images/fab/Files/jdbevol8/vol8-06.pdf gt; accessed on 2nd August 2014

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Essay Topics About Slavery

<h1>Essay Topics About Slavery</h1><p>Several understudies, at a school, might be frustrated in their subjects and in the consequences of their expositions. This article talks about the paper points about servitude and how to introduce a very much upheld argument.</p><p></p><p>In composing an elegantly composed exposition, the utilization of realities is significant. The utilization of feeling or partiality isn't permitted. Understudies who do it here and there stumble into difficulty with their educators and may get focuses deducted.</p><p></p><p>Students must realize that being contentious doesn't mean they should go into subtleties on what occurred in slave territories. Some slave proprietors attempted to constrain the captives to swear faithfulness to them. They may even have some strict hugeness to the type of subjugation that was predominant at that point. Notwithstanding, suppositions are not permitted, nor shou ld understudies talk about subjugation as an occasion. To do as such, will bring about a terrible grade.</p><p></p><p>Slaves, especially in the South, were treated as though they were property. It is significant for understudies to recollect that they won't be decided by their lords. Rather, the entire class will be decided by how well the understudies present their articles. They won't be punished on the off chance that they miss an inquiry that is asked.</p><p></p><p>It is significant for understudies to concentrate cautiously the points before they compose their expositions. The subjects can be troublesome, however it is workable for understudies to get ready for them previously. How understudies can look into the points is dictated by their instructor. This incorporates doing examination of the papers and magazines in which the subject arrangements with. It is likewise critical to look into books that manage the topic.</p>< ;p></p><p>Students can remember a couple of models for their exposition points about bondage. These are expositions that show the manner by which the topic is utilized. Articles ought to likewise examine how the slaves themselves felt about their situation.</p><p></p><p>Students ought to consistently recollect that the points about subjection are entangled, so they ought not hurry through the creative cycle. Rather, they should concentrate on each word cautiously and ensure that they have all the data accessible. It tends to be a baffling activity when an understudy needs to stop and rehash a paper in the wake of having begun, yet it is important to learn.</p><p></p><p>Historians state that the subject of servitude was a ground-breaking theme for individuals to discuss around then. History will consistently be composed by the victors. The crowd is once in a while spoken to ever. An understudy must figure out how to compo se a decent paper on the subject of bondage, and that incorporates knowing the language and realizing what to state and how to state it.</p>

Ideology and the Children’s Literature A Critical Analysis of The Secret Garden - Literature Essay Samples

You thought I was a native! You dared! You dont know anything about natives! They are not people theyre servants who must salaam to you. You know nothing about India. Frances Hodgson Burnett, The Secret Garden (32) The Secret Garden is one of the books featuring India written for young British citizens during the late nineteenth and early twentieth century. These books gave an idea of British life in India, centring on the adventures and exciting experiences children could have, such as riding on elephants, and on the tales that children heard. Looking at The Secret Garden in relation to other books in the genre reveals a vivid and clear picture of the opinions the British held of India and the view they expect their children to have of the colony. These expressions included the rarely questioned idea that Britain should rule over India, that the British were â€Å"better† than Indians and that Britain itself was â€Å"better† than India. The British East India Company entered as a trading company, established in the early 1600s and gradually monopolizing the trade between England and India. It received special dispensations from the British government and was the major cause of British presence in India for long years. Some other countries, most remarkably France and the Netherlands, also had their own East India Companies. All of the trading companies competed with each other, militarily and in trade, for influence in and control of India. Robert Clive and later on Lord Clive leaded the British East India Company to win European control of India against the French East India Company in the mid-1700s. The British East India Company essentially ran India quite easily for England until the Indian Mutiny, an uprising by Indian troops. After the Mutiny in 1857, the British government made India an official colony of the British Empire, and it remained so until the independence was achieved in 1947. During those times, when India was facing great political pressures, Britain was also experiencing societal changes, including in education. The expansion of literacy and the increase in British involvement in India occurred at the same time. In response to the increasing demand for books, publishing houses sold many books about the British Empire, including many stories for children. The Empire was an unexpectedly topic of interest for literature, since authors who had never travelled outside of Europe could find information on the colonies written by fellow British citizens and use this information to populate their novels. Colonies were exotic, but since they were under the auspices of the British Crown, children could, if they wished, easily imagine themselves travelling there. Furthermore, colonies provided an excellent story setting for the teaching of imperialist culture to children. Studies show fiction helps children retain information about distant places and times better t han more traditional teaching methods (McGowan 204). For Victorian children, India was a distant place, and still an exotic destination even while under control of the Empire. Fiction also teaches and reinforces norms of behaviour and attitudes. Not all fiction, however, equally shows the ideology that it teaches. As a final point, the intertwining in a popular childrens novel of the British imperial project abroad and the one back home aptly demonstrates how deeply imperialism was (and according to Rushdie, is) embedded in every aspect of British culture. I never saw spring in India because there wasnt any (Rushdie, 131-2). The Secret Garden deals at length with the topic of exoticizing Yorkshire to be for Mary a world not unlike India is for British children in other stories. Parallels between Britain and India are more easily seen and the superiority of Britain is proved by showing Yorkshire as a quite different, rather better world. The novel, at the very first reading, does not guarantee a long-lasting success. The story, compared with so many adventure novels for boys produced in the same period, is far from breathtaking: Mary Lennox, a ten-year-old English girl, born (and from the beginning of the novel living) in India, loses both her parents in an outbreak of cholera. She survives by luck: a few days later, gentle (yet indisputably manly) English soldiers come across her and, after a couple of unpleasant weeks spent with a large family of a poor English clergyman, Mary returns (the word everyone is using unwittingly is revealing because, of course, she has never been there) to England, or, as one of the minor characters in the novel says, home. Home is in Yorkshire; a gloomy house on the edge of the moors, with hundreds of locked rooms, one locked garden, and quite a few benign secrets waiting to be revealed. The house belongs to Marys uncle, Archibald Craven, the man whose unhappiness is equalled only by h is wealth the widower in perpetual mourning for his beautiful wife (dead for ten years), and the father who emotionally abandoned his seemingly invalid son the moment the child was born. The Secret Garden is set in England, not India, and has as its main character a true Anglo-Indian girl, born and raised in India before moving to England to live in a shut-up manor on the moor. Mary discovers her imperious, crippled cousin Colin, who, as everyone says, will never be able to walk, and the garden that her uncle shuttered when his wife died in childbirth. With the help of Dickon, a local boy who knows the moors and native animals, and the magic Mary knows of from India, Mary and Colin rehabilitate the garden and each other. The Secret Garden has a clear story arc and character growth. The beginning of the novel is illustrative enough: When Mary Lennox was sent to Misselthwaite Manor to live with her uncle everybody said she was the most disagreeable-looking child ever seen. The first sentence states two facts, first, that Mary Lennox was sent to Misselthwaite, Yorkshire to live with her uncle – so the beginning of the novel (the beginning of Marys life proper) literally starts with what everyone calls her return to England (and the implied departure from India) – and, second, that she was reported to be the most disagreeable-looking child. Only two sentences later, our trustworthy narrator informs the readers, that Her hair was yellow, and her face was yellow because she had been born in India and had always been ill in one way or another. The origin of her ugliness is thus categorically (remarkably early, also) located: Marys face is yellow because she has been ill a lot, and she has been ill because she was born in India. The first time India is me ntioned, it is immediately linked with illness; this association is ingeniously strengthened by the fact that Marys parents, Captain Lennox and his wife, die in an outbreak of cholera. India, dark, primitive, unhygienic other to England, makes one ill; moreover, if one is not watchful enough, it literally kills, in its sly, creeping, profoundly un-English, unmanly and dishonorable Oriental way by disease. This, if anything, is the textbook example of the motif of Orient as something denoting danger that Edward Said identified in a variety of Western discourses. Mary is, first and above all, extremely spoiled and disobedient – for instance, whenever she is angry she slaps her Indian nurse, her ayah and calls her pig and daughter of pigs (because, the narrator tells her young readers, in an undisturbed, you-might-need-it-some-day way, to call a native a pig is the worst insult of all.). She is physically stiff, thin, and weak. Plus, she is extremely unfriendly. But why should these rather unpleasant traits – over and over again attributed to Marys being born and raised in or by India be suggestive of moral corruption? And why should this view be imperialist in origin? Mary, though English and thus, the novel subtly affirms, genetically superior, was born in India, and has been brought up entirely by Indian servants, who humour her in all possible ways, who dress her up, who bow before her, whom she can slap and verbally abuse. Mary has to come to England to hear the truth about herself for the first time, because in India people are too servile, and they lie. As a result of all this, she is, at the mature age of ten, totally unpromising material for an angel in the house – too tyrannical, too disobedient, too ugly. In other words, she too seems to have gone native. Burnett makes clear that, as M. Daphne Kutzer puts it, India has brought out the worst in both Mary and her mother. (In keeping with this view, Colin is, in his most horrible tyrannical moods, consistently described as young rajah over and over again – the implication is clear: his unnaturally bad behaviour is so un-English that no English terms can be used to denote it. Despotism, tyranny, even such small-scale tyranny as Colin exhibits, are, the novel asserts, somehow Indian, not British. Even Marys unpleasant, commanding tone, which she uses when angry, is qualified as Indian.) But a girls waywardness and insubordination, spelled all over her yellow face, tolerated (or even encouraged) in India, are morally wrong in the context of England: Mary is no longer a Missee Sahib, whose very ethnicity (combined with the military power personified in her father) grants her unlimited authority over the blacks; in Yorkshire she is a young lady who must learn some important lessons in self-denial, obedience and respect. And here already we draw the parallel between the two empires: both are patriarchal and phallocentric, both are built on subordination – but whereas the Empire subordinates the natives (imaginatively, economically, socially, and culturally). A domestic empire is built upon the subordination of the lower social classes, plus all the fema le[s] of the species. The perfect system must never be threatened by disobedient angels in or out of the house. Yet despotism, moral corruption, illness and death are not the only signifiers for demonic India in The Secret Garden. India, with its oppressive, blazing sun, its hot and humid climate and its lying people, is a fairy-tale-like evil foster mother: it affects (better to say, arrests) physical and mental development of English children, of young girls in particular – thus poisoning the very future of the Empire. (The point is succinctly brought home by Marys self-explanatory comment regarding Marthas mother, She doesnt seem to be like the mothers in India. (89) If one bears in mind that Susana Sowerby is kind, gentle, clean, pure, loving and wise, Marys first-hand criticism of Indian mothers – of India as a mother is striking.) There are countless references to Mary always being too hot, weak and sleepy to do anything in India – all leading to the conclusion that Empires children, if removed for too long from the beneficial influences of their mother country â₠¬â€œ its bracing climate, clean air, its birds (which are not like Indian birds) real gardens, its spring and truth-speaking people – might end up as mentally, as well as socially and emotionally, retarded. That is the undercurrent of Ben Weatherstaffs telling Mary Tha shapes well enough at it for a young un thats lived with heathen. [Youre developing quite well considering the fact you lived among the heathens.] (76). Treacherous India, Burnett insists over and over again, has seriously harmed a helpless child; due to the shared failure of her parents, unprotected Mary has been turned by India into an ugly, sour, yellow-faced, thin girl who doesnt like anyone or anything much and who is prone to tantrums and physical violence. Fortunately for Mary, there is Yorkshire to mend her ways, to bring her back to her original, English, ladylike self. Children’s fiction is naturally the first literature to which children are exposed, and so shapes their experiences with fiction and reading. The importance of this influence calls for additional attention as it’s at the crux of shaping their mindset, opinions, reviews and outlook. It can be seen that 19th century British imperialism in The Secret Garden is naturalized, domesticated, replicated, explained, mystified, narrated, given human form divine, made familiar, acceptable, desirable. It is decidedly not questioned, analyzed, or criticized – with the exception of potential imperial flaws. REFERENCES 1. Burnett, Frances Hodgson. (1998) The Secret Garden. Wordsworth Editions Limited, Hertfordshire. 2. Devereux, Cecily. (2001) Perhaps Nobody has told you why the English are called Sahibs in India: Sara Jeannette Duncans Imperialism for Children. Canadian Childrens Literature 102. 3. Kutzer, M. Daphne. (2000) Empire’s Children: Empire Imperialism in Classic British Children’s Books. New York: Garland. Print. 4. McGowan, Thomas M., Lynette Erickson, and Judith A. Neufeld. (2010) â€Å"With Reason and Rhetoric: Building the Case for the Literature-Social Studies Connection.† Social Education. 60.4 (1996): 203-207. ProQuest. Web. 27 Dec. 5. Morris, Tim. (2000) Youre Only Young Twice. Illinois University Press. 6. Rushdie, Salman. (1992) Imaginary Homelands: Essays and Criticism 1981-1991, Granta Books, London. 7. Said, Edward. (2000) Orientalism. Biblioteka XX vek i Cigoja Stampa, Beograd. Web Resources: 1. Modern History Sourcebook Online 2. The Northon Anthology of English Literature Online

Music Essay Writing Service

Music Essay Writing ServiceHiring a music essay writing service is a good thing for any student who has not yet acquired a degree in music composition. Students who lack knowledge in composing may find it difficult to compose well-written pieces. A music essay writing service will help you write your compositions as you would want them to be written. Your goal here is to give a good piece of music to your audience.In many music schools and universities, students need to make up assignments and homework assignments for all other students. These are what are known as 'homework assignments'. These homework assignments include projects, essays, and even compositions. Homework assignments can help students sharpen their composing skills and learn about composition theory.For students who do not have their own instruments, the most effective way to learn composition is by learning how to play music on them. This is the ideal scenario for a student who needs to learn to compose. By hiring a music essay writing service, a student can learn this skill and begin to make his or her own compositions.Music writing services help students who know nothing about composing to create works of art. A writing service will compose the music based on your needs and will also give you lessons on how to best to compose the piece. This can include different musical techniques, styles, and instruments. A good writing service will also have resources on how to learn the appropriate methods for each musical genre.The written work that comes from a writing service is going to be of a high quality. To get a good quality musical piece, a writing service needs to be of the highest caliber. Hiring a writing service is a great way to be creative and achieve your goals. With just a few hours of homework and a bit of research, you can give the world your most beautiful works of art.Not only does a writing service to help you create musical works, but they also help you deal with deadlines and com plete assignments. If you struggle with managing your work, a writing service can be a great resource for you. Their ability to effectively manage deadlines makes them great for students who have deadlines that must be met.Music is such a rewarding learning process. Being creative and artistic is something that not everyone shares. However, it is a skill that anyone can learn. Hiring a writing service is the first step to being a creative and performing musician.A music essay writing service will help you write your compositions as you would want them to be written. Your goal here is to give a good piece of music to your audience. Your goal here is to give a piece of music that people will enjoy listening to and look forward to listening to for a long time.

Good Exploratory Essay Topics For College Research Papers

Good Exploratory Essay Topics For College Research PapersYou can have a good idea of what kind of questions and research topics you can ask yourself but you will need to understand which questions and topics that you should put into your exploratory essay writing. When it comes to the question of what questions and research topics you should use in your exploratory essay writing, the answers are quite easy to find if you know what they are.The first thing you need to do is to make sure that you are on a topic that is both interesting and offers you good topics to help you with your topic ideas. It might seem like you are going after a niche when in fact you are doing the opposite, but in the end you will be a lot happier with your essay if you stay on topics that you know about.You should also think about what kind of questions you will use in your search for good research paper topics. There are three general types of research paper topics that you can work with, and these are the d ifferent kinds of research studies or projects you can take on. This will be a big part of your exploration and will help you in getting the right types of questions and topics.One is the kind of study that takes place in the lab of a professor while the other is something that takes place in the real world. The third type of research study is to look at things that have already taken place in the world of the living.When it comes to these types of studies, the first thing you need to keep in mind is that your research paper should contain questions that let you get into the details of the study so that you can use your topic ideas for good reasons. If you want to write an excellent exploratory essay then you need to be able to go into details about something like this to use for your topic ideas for good reasons.The second type of research study is something that involves asking questions that will give you good topic ideas. Of course there are a lot of different things you can do to find these kinds of questions and this is why it is very important that you start looking for them as soon as possible.When you are looking for good research paper topic ideas you might want to go online and check out some of the many different websites that can offer you great topics for your research paper. After all, you will want your paper to be well written and structured.After you have done your exploratory essay, it is time to start writing your final essay. The best way to start off is to look at how well you have done on your exploratory essay and find a good balance between your topic ideas and how well you connect them to your essay topic.