Business Standard

Land act: Centre puts the ball in states' court

Says up to states to implement changed land Act

BS Reporter New Delhi
Ahead of Anna Hazare and a section of social activists starting an agitation at Jantar Mantar in Delhi against Land Acquisition Ordinance, and Parliament is to begin its Budget session, the Centre on Saturday said it had only enabled states to carry out the law, if they want. "The ordinance only gives powers to the state to waive off consent clause and special impact analysis for public private partnership projects and private companies, if they want to," a senior government official clarified.

Meanwhile, BJP President Amit Shah met representatives of activist groups and peasant organisations at his residence on Saturday. Sources said these stakeholders put forth their suggestions about the land law. The sources, however, specified that none of these were affiliated to the Sangh Parivar. Outfits like the Bharatiya Mazdoor Sangh, Bharatiya Kisan Sangh and Swadeshi Jagaran Manch have already conveyed their opposition to the new land law. "The BJP is giving due seriousness to these suggestions from the larger Sangh Parivar," a BJP leader said.
 

If any state feels that the original provision of the Act is beneficial for it, it can continue to follow the same, officials said.

They said these were the states which had complained to them that even mundane purchase of land such as for building a bus stop for public-private partnership takes more than 59 months.

The officials said definition of affected families and norms on acquisition of tribal land were not changed, though many states have asked for these alterations.

If the states want to have provisions like food security and other rehabilitation norms in the Act, then it can continue with the law as it is, the officials said.

"Acquisition per se is without consent or else it would be mutually agreed purchased," one of the officials clarified.

Though the officials said there will be no dilution of the provision of the ordinance, a call would be taken by the political masters.

To a query over dilution of norms for private companies, officials said this was done to create level playing field vis-à-vis public sector enterprises.

Hazare is scheduled to participate in a two-day agitation at Jantar Mantar in New Delhi on February 23 and 24 to demand withdrawal of the "anti-farmer" amendments to the land acquisition Act.

"On February 23, over 20,000 farmers from Punjab, Haryana, Rajasthan, Uttar Pradesh, Bihar and Maharashtra will assemble at Jantar Mantar for a token dharna. A march from Haryana... will reach Delhi the next day," Hazare had said in the statement.

It will be a symbolic movement which would urge the Union government to withdraw the amendments to the land acquisition Act, he added.

The Cabinet in December had had approved an ordinance to make amendments to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, put in place by the United Progressive Alliance government. The ordinance did away with the requirement of written consent from 70 per cent of landowners for PPP projects in the infrastructure and social infrastructure sectors. Also, social impact assessment won't be required for such projects. PPP projects account for 60 per cent of the Rs 18 lakh crore worth of stalled projects.

In terms of social impact assessment and consent of landowners, exemption has also been granted for projects pertaining to national security, as well as for affordable housing projects and industrial corridors.

However, no change has been made in the clause relating to compensation for the land acquired.

Parliament is slated to begin its Budget session on February 23. With the National Democratic Alliance (NDA) not having a majority in the Rajya Sabha, it would need the opposition support to pass the land Bill to replace the ordinance.

LANDING IN SOUP?
  • The Centre now says it had only enabled states to carry out the land acquisition Act
 
  • If any state feels that the original provision of the Act is beneficial for it, it can continue to follow the same, officials say
     
  • Officials said definition of affected families and norms on acquisition of tribal land were not changed, though many states have asked for these alterations
     
  • If the states want to have provisions like food security and other rehabilitation norms in the Act, then it can continue with the law as it is
     
  • Though the officials said there will be no dilution of the provision of the ordinance, a call would be taken by the political masters
  •  
  • To a query over dilution of norms for private companies, officials said this was done to create level playing field vis-à-vis public sector enterprises

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    First Published: Feb 21 2015 | 10:40 PM IST

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