Judicial Supervision over the Implementation of the Land Cadastre in Iran

Hamid  Nazari; Majid Doroudian; Ali Dashti

Authors

Hamid Nazari Department of Public Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. Author https://orcid.org/0009-0003-8926-9056
Majid Doroudian Assistant Professor, Department of Public Law, Faculty of Law, Payam Noor University, Tehran, Iran Corresponding author https://orcid.org/0000-0002-1342-4254
Ali Dashti Department of Public Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. Author https://orcid.org/0000-0002-1777-2416

Keywords:

Judicial supervision, Property Registration Organization, Cadastre, Land Mapping, Public Rights

Abstract

The Cadastre Law was passed in 2014 to defend public ownership, protect individual property rights, and combat land grabbing. Given the legislator's objectives for enacting this law, its precise implementation is of utmost importance to safeguard the people's right to ownership and prevent land grabbing. Therefore, the purpose of this article is to examine judicial supervision over the implementation of the land cadastre in Iran. This descriptive-analytical article employs a library-based research method to investigate the subject. The findings indicate that the legislative body and representatives of the people can serve as the central point in organizing the supervisory system, and they can limit the unchecked power of executive officials. Although it appears that such supervision, as described above, can only be conducted through the parliament, the judiciary also possesses supervisory authority through its appropriate mechanisms. In addition to these forms of supervision, public rights imply that the most significant oversight over the implementation of the land cadastre in Iran should be carried out by the judiciary. This is because, under Iran's current constitution, crime prevention is among the judiciary's responsibilities, and the judiciary possesses the most important supervisory mechanism, namely the Organization for Inspection, which is one of its affiliated bodies.

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