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LATEST NEWS UPDATES | Land return bill in the works by Arnab Ganguly

Land return bill in the works by Arnab Ganguly

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published Published on Jun 7, 2011   modified Modified on Jun 7, 2011
The Mamata Banerjee government is working on an amendment to the Land Acquisition Act of 1894 to enable the return of 400 acres in Singur to farmers who were “unwilling” to part with the land.

The proposed Land Acquisition Act (Amendment) Bill 2011, which is likely to be placed in the Assembly after it convenes on June 24, will have three clauses under the head “Section 48A”.

The first allows the government to return acquired land to the original owner. Second, in case of multiple claimants, the government will decide on the ownership and divide the plot accordingly. The third provision allows the government to provide alternative plots of equal size in the vicinity of the original land.

Once the amendment is passed in the Assembly — where the Trinamul alliance has an overwhelming majority — it will have to be sent to the President, not the governor alone as usual, since a central act is being changed.

Under the current land acquisition act, the state government can take back land from a lessee if it lies unused for an uninterrupted period of three years. However, after the land is taken back, it has to be auctioned off for a public purpose and cannot be returned to the original owners.

“We are not changing any of the clauses of the original act,” said a state law department official. “We are simply introducing new clauses that will enable us to return the land. If anyone has a problem with this, they can always challenge it in a court of law.”

The new provisions suggest the government is banking on the land in possession of ancillary units that have not yet signed water-tight lease agreements. Such plots add up to around 300 acres.

The clause that refers to “alternative land” will allow the government to offer plots of the same size to the claimants even if their original land falls in the area now possessed by the Tatas.

“There is some vested land which has not been leased out to anyone in Singur,” the official said. “We can always provide an alternative plot nearby.”

One clause seeks to address the complex problem of ownership disputes. Many landowners may not be living in the country and their land may so far have been tilled by farmers who are being bracketed among the “unwilling”. “The amendment will ensure a fair deal for everyone,” the official said.

The draft of the bill is now with the chief minister.

But one lawyer said there still could be hurdles. “If the amendment proposes to grant right of transfer to the original owner, it could be challenged in court. The land has to be returned as agricultural land but it is a bed of concrete now. If the owner decides to change the character of the land, complications may arise,” lawyer Arunava Ghosh said.

“Moreover, any farmer whose land was acquired in Singur can now call himself an unwilling farmer and stake claim,” he added.

The Telegraph, 6 June, 2011, http://www.telegraphindia.com/1110607/jsp/frontpage/story_14081452.jsp


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