نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The Law on Preservation of the Use of Agricultural Lands and Gardens, 1995, with the aim of preventing any changes in the use of agricultural lands and insuring the food security of the society, declares any kind of change in the use of agricultural lands and gardens outside the legal boundaries of cities and towns without obtaining a permit from the Commission mentioned in Note 1 of Article 1 of the Law, to be prohibited, imposing a fine and in some cases imprisonment of the perpetrator, in addition to eradication of the improvements made. The implementation of this Law in the judicial precedent has always been the subject of dispute from different aspects; Among such cases, one can point to the issue of whether, in terms of location, the Law includes lands located in the environs of cities or not. While some courts consider lands located in the environs of cities to be out of the scope of this law, others believe that changing the use of such lands would be a criminal offense. In the case related to Basti Hills lands located in the Lavasanat region, the first instance and the appellate courts have rendered an acquittal judgment, relying on the argument that the mentioned law in question does not apply to lands located in the environs of the cities. The present research, using the descriptive-analytical library method, while examining the evidence set forth by the opposing groups, concludes that by considering the separation of the two concepts of legal boundaries and environs of the cities in the laws that preceded the Law on Preservation of Land Use and the possibility of joint supervision by municipalities and administration of Agricultural Jihad on construction in the environs of the cities, the phrase "outside the legal boundaries of cities and towns" mentioned in Article 1 of the Law in question also includes the environs of the cities, and based on this conclusion, the judgment in question, which was rendered without taking into consideration the separation mentioned above, is bereft of any legal justification.
کلیدواژهها English
