Congress objects to manner of extending land compensation provisions

The Congress on Saturday termed as "illegal" and an "insult to parliament" the manner in which the central government had sought to extend compensation and rehabilitation benefits to families whose land is acquired under 13 central acts.

Talking to reporters here, Congress leader Jairam Ramesh said the government had on Friday night issued a notification about the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, saying that 13 central laws need to be amended so that they come at par with the provisions of the land act.

The party's objection were to the manner in which the notification had been done though it agreed with its content, he said.

"Congress welcomes the substance of the notification, which is as per section 105 of 2013 Act but opposes the manner in which it has been done...The notification is illegal," Ramesh said.

He said the provisions of compensation were to be made applicable to the 13 central acts through a notification within a year of the law coming into force. The Land Act 2013 came into force on January 1, 2014 and the last date of notification was December 31, 2014.

Ramesh said the Narendra Modi government "kept sleeping" for seven months and brought an ordinance on Dec 31 last year to extend compensation to the 13 central acts. A second ordinance was issued on May 20 which is set to lapse on Aug 31.

He noted that the law ministry had also recommended that desired notification under the act's section 105 had not been issued in the one year period and "doing so at this belated stage may not be legally tenable".

Also the notification had to be placed before each house of parliament within one year from the date of commencement of the Act but the government had not done so, he added.

"This is an insult to parliament. It was responsibility of the government to fulfill its responsibility in time and in proper way," Ramesh said.

The 13 acts mentioned in the lad act's fourth schedule include 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 The Railways Act, 1989.