land law: Govt order to include 13 Central Acts

Taking a more thought-out route than Ordinance, the Government on Friday issued an ‘order’ to include 13 Central Acts like National Highway and Railways Acts to extend benefits to those whose land is acquired under land law.The order issued by the Government under the removal of difficulties clause (Section 113) in the land Act now extends the provisions relating to the determination of compensation, rehabilitation and resettlement to all cases of land Acquisition under 13 Central Acts which were left out in the 2013 law.

By using the clause, the Government has done away with the need to issue the controversial land Ordinance for a record fourth time. The Ordinance will lapse on August 31, six weeks after the commencement of the Monsoon Session — July 21.Attorney General Mukul Rohatgi is understood to be in favour of issuing such an order, but the law Ministry said only an Ordinance can be brought to bring the 13 Acts under the ambit of the land law.

Since a Joint Committee of Parliament is examining the amended land Bill brought by the NDA Government, it did not touch upon the controversial clauses which were part of the Ordinance.The Congress, which has been opposing the amended Bill, had fiercely attacked it when the Ordinance was last re- promulgated on May 31.

Since it is now decided that the Ordinance will not be re-issued, the Government may not have to prorogue the Monsoon Session which was adjourned sine die on August 13 amid indications that it may be reconvened to take up the GST Bill.

The land Acquisition Act, 2013 had exempted 13 acts from its purview with the condition that they would be included under the purview of the act within one year. The NDA’s Ordinance brought these 13 acts under the new land law.

The Ordinance also made significant changes in the land Acquisition Act including removal of consent clause for acquiring land for five areas — industrial corridors, PPP projects, rural infrastructure, affordable housing and defence.

Under the amended Act, 13 legislations, including those relating to defence and national security, to provide higher compensation and rehabilitation and resettlement benefits to farmers whose land is being acquired have been brought under the Centre’s purview.

Under the Ordinance, the mandatory “consent” clause and Social Impact Assessment (SIA) will not be applicable if the land is acquired for five purposes.

These include, National Security, Defence, rural infrastructure, including electrification, industrial corridors and building social infrastructure including Public Private Partnership where ownership of land continues to be vested with the Government.