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The Land Transfer Regulation in Palestine before 1948 (Nakba): (d) Evasion of Regulations, British Mandate: A Survey of Palestine: Volume I - Page 268. Chapter VIII: Land: Section 7 |
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It will be seen from a comparison of items (iii) and (iv) with items (v) and (vi) that the Jews have a substantial advantage over the Arabs in the matter of leases of State Domain which was at the free disposal of Government. The occupiers of Government land under item (ii) are Arabs; their right to occupation derives from the Ottoman regime and has never been seriously in dispute; "the figure of 105,340 dunums covers lands, such as the sandy wastes of Rafah, which, although within the areas of Arab occupation, include considerable patches of land at present uncultivable. Even taking the areas under item (ii) into account, however, the position, on the proportions of each community to the total population, is in favour of the Jews. The figure of 619,858 dunums under item (i) includes forest reserves and consequently may include land which is claimed by private persons and which at land settlement may be found not to belong to Government. Item (x) contains an assortment of claims not yet verified even as to area and locality; they derive from various vague Turkish registrations or old records left by the Turks. Item (ix) may appear to be a subject for experimental development, but if it had been possible to transform anything from this item to item (xi) that would have been done for revenue purposes. The figure of 167,420 includes 105,000 dunums of marshy or rocky land surveyed during the operations of the Ghor Mudawwara commission; some of this may be allocated for afforestation or grazing and some may in due course become the subject of development leases and, in the case of the Beisan lands, of schemes for the consolidation of holdings. The remainder is rocky land in the Nazareth and Ramie sub-districts or sand-dunes in the Gaza area. The figure of 20,082 dunums given in item (xi) represents the total area of lands which it was thought on 31st December, 1943 could be made available for lease; some of these lands have subsequently been leased, some offered for lease, while others are waiting treatment under development schemes; some are occupied on "implied" leases.
(d) Evasion of the Regulations.
105. In March, 1943 a number of allegations were made in the the press and el sew here to the effect that the Land Transfers Regulations were being evaded, particularly in connection with transactions in the Gaza District. These allegations were investigated by the Committee on Land Transfers (whose Chairman at that time was Sir Douglas Harris) and that committee reported in May, 1943, that, as a result of their investigations. the following could be shown :-
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