 "Consent, social impact norms applicable to 13 central laws?")
However, the executive order of August 28 available on the ministry website states otherwise. It says: "It is proposed to issue an order under the removal of difficulties section 113 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR), 2013, for extending the provisions of compensation, rehabilitation and resettlement as mentioned in the first, second and third schedules to the Acts mentioned in the fourth schedule of the RFCTLARR Act, 2013."
The National Democratic Alliance (NDA), which faced stern opposition from the Congress and other parties in Parliament over the land Bill, has now left it to the states to pass their respective land Bills, as it allowed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015, to lapse.
The govt believes the only way forward was the state governments enact their own land laws and send it to the Union government for ratification. The Bharatiya Janata Party and its allies have governments in 11 states. The government said it was hopeful that the Congress-ruled states would toe the line by passing land Bills in their respective assemblies for development of their states. "We have still not left hopes. Once the report of the joint committee of Parliament submits its report, we may try to bring the land amendment act once again," Singh said.
While letting the ordinance lapse, the NDA government passed an executive order ensuring that the higher package of compensation, rehabilitation and resettlement to continue to apply on 13 other central laws, under which land is acquired.
The 2013 land Act required that the enhanced package of compensation and R&R be made applicable to other 13 laws, such as the National Highways Act, 1956; within a year of promulgation of the legislation. The NDA had extended these benefits to the 13 laws through its ordinance while bringing other amendments as well. Though the Congress welcomed the change, it criticised the notification route. It said the NDA government should have adopted a legislative process.
The 13 laws are the Ancient Monuments and Archaeological Sites and Remains Act, 1958; the Atomic Energy Act, 1962; the Damodar Valley Corporation Act, 1948; the Indian Tramways Act, 1886; the Land Acquisition (Mines) Act, 1885; the Metro Railways (construction of works) Act, 1978; the National Highways Act, 1956; the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962; the Requisitioning and Acquisition of Immovable Property Act, 1952; the Resettlement of Displaced Persons (Land Acquisition) Act, 1948; the Coal Bearing Areas Acquisition and Development Act, 1957; the Electricity Act, 2003; and the Railways Act, 1989. "The biggest weakness of the 2013 Act is that you have to wait for five years to acquire land," Singh told Business Standard.
Before the land Act, the Central and state governments were acquiring land through the land acquisition Act, 1894 except for cases where the 13 other laws applied. The Congress-led United Progressive Alliance replaced it with the land Act that came into effect on January 1, 2014.
A Union minister said the 2013 land Act mandates to bring these 13 Central laws under the ambit of the Act. "The UPA smartly delayed the same for one year, saying they will bring it after one year. Jairam Ramesh (former rural development minister) didn't give any justification. He delayed this keeping in mind the upcoming Lok Sabha elections," the minister said.
"Now, the elections are over and the land ordinances are out of window, we had brought this order under the 2013 land Act," the minister added.
The industry champions expressed their unhappiness over the development. "We are certainly in a period where land acquisition is going to be difficult... In our desire to be fair to farmers as we should be, the land Bill of 2013 has clearly made it much harder for the industry and for infrastructure and investment," said Naina Lal Kidwai, the country head of HSBC, on the sidelines of a Ficci event here.
With inputs from PTI