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LATEST NEWS UPDATES | Delhi eyes state route for land bill changes -Basant Kumar Mohanty

Delhi eyes state route for land bill changes -Basant Kumar Mohanty

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published Published on Jul 16, 2015   modified Modified on Jul 16, 2015
-The Telegraph

New Delhi: NDA-ruled states cannot "wait indefinitely for consensus" on amendments to the Centre's land bill and want to pass their own laws for smooth acquisitions, finance minister Arun Jaitley said today.

Some lawyers said while many states have framed amended rules in the past, these were at variance but not in "complete contradiction" to the central land law.

Jaitley was speaking after a meeting of the governing council of the Niti Aayog - which replaced the Planning Commission - on the land bill. The session was attended mostly by chief ministers of NDA-ruled states.

From the Opposition, Delhi's Arvind Kejriwal and Bihar's Nitish Kumar were present and spoke against the amendments.

Jaitley said "an important suggestion" from "an overwhelming section" at the meeting was that while the Centre should endeavour to create a consensus on amendments to the UPA-crafted law, "states cannot indefinitely wait for that consensus".

"If Centre fails to approve this (amendment bill) with consensus, it should be left to the states. Those states which want to develop fast... can suggest their own legislations and the Centre (would) approve that legislation," Jaitley said.

The proposed amendments to the UPA's Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, are already in force through an ordinance but have to be passed by both Houses of Parliament. The government does not have the numbers in the Rajya Sabha.

The amendment bill, opposed by the Congress and the others principally because it dilutes the mandatory consent and social impact assessment clauses, is being examined by a joint panel of both Houses. The panel is slated to meet tomorrow and expected to submit its report by July 28.

At least one state, Punjab, ruled by BJP ally Akali Dal, seemed to strike a discordant note.

"Land should be acquired only with the consent of owners, solely for public purposes," chief minister Parkash Singh Badal was quoted as saying by PTI, adding the social assessment should apply to all cases and that acquisitions were best left to states.

Jaitley's assertions about separate laws in NDA-run states evoked mixed views from lawyers.

Senior Supreme Court lawyer M.N. Krishnamani said states could frame their laws as land was on the concurrent list. "But if the provisions are a complete contradiction of the central law, the affected parties can challenge them in court."

Krishnamani said laws contrary to the central act would require the assent of the President who, in any case, would go by the Union cabinet's advice. "If the Union government wants, the President will give assent to a state law even if it is contrary to the central law."

Former Lok Sabha secretary-general and constitutional expert Subhash Kashyap echoed the view. "The governor may not give the assent to such laws. The governor has to send it to the President. Once the President gives the assent, the law will be in force in that state only," Kashyap said.

Mohammad Khan, a senior lawyer associated with the framing of the 2013 land acquisition act, disagreed. Citing Section 107 of the 2013 law, he said states were free to "improve" on the central act, not pass provisions contrary to it.

"Nothing shall prevent any state from enacting any law to enhance or add to the entitlements enumerated under this act or make provisions for rehabilitation and resettlement which are more beneficial than provided under this act," the section states.

Based on this, Khan said states could not have laws "diluting" the clauses. "How can a state pass a law to dilute the safeguards and entitlements under the central law? If any state does so, it will be a violation and can be challenged," Khan said.

The Telegraph, 16 July, 2015, http://www.telegraphindia.com/1150716/jsp/nation/story_31893.jsp#.Vad7ofk1t_k


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