It is now the Royal
way for Irrigation Projects
Vanam Jwala
Narasimha Rao
The
Right to fair compensation and transparency in land acquisition and,
rehabilitation and resettlement (Telangana Amendment) Bill 2016 came into effect
in the State with the issuing of a Gazette notification. The Bill which had the
assent of the President was sent to the state government and it has now become the
Act 21 of 2017. The Act became necessary to avoid delays in land acquisition
and to give immediate compensation to the displaced persons. The Bill was introduced
and was passed in both houses of legislature on December 28, 2016. Consequent
to suggestions to incorporate couple of changes in the Act by Centre, before it
could be sent to Presidential Assent, the Bill was sent back to the State
government. The State Assembly and Council passed the bill with changes. The
President subsequently gave his assent and the Bill became an Act.
The
Act assumes significance since several irrigation projects are taken up in the
State. Chief Minister K Chandrashekhar Rao has taken personal interest in
getting assent to the Act, while revenue officials especially Chief Advisor Dr Rajiv
Sharma played a key role.
Constitution
of India, under Article 298, empowers states to buy land through land acquisition.
Accordingly the Telangana Government taken up land acquisition vide GOs 123,
190, 191. On Dec 28, 2016 a Bill was introduced and passed in the Assembly amending
the centre Act of 2013, to clear all the doubts and apprehensions expressed by
some political parties on land acquisition. In fact, the Centre also made an
attempt thrice to amend the 2013 Act and to that effect brought ordinances. The
first Ordinance was promulgated on Dec 31, 2014, the second on April 3, 2015
and the third on May 30, 2015. However, for
political reasons these Ordinances could not be passed in Rajya Sabha.
During
the Niti Aayog meeting, Prime Minister Narendra Modi raised this issue and
suggested the CMs to draft their own Acts suiting to the local needs. In fact,
the states have a right to do so under Constitution. However theses Acts
require Presidential Assent. Couple of states followed the suggestion and gone
for their own Acts. There is nothing new in this. Earlier also amendments were
brought to Land Acquisition Acts and President’s assent was obtained. Nagarjuna
Sagar project land acquisition in 1956, Land Acquisition 1959, Vizag Steel
Project Act 1972, Land Acquisition Act 1976, Land Acquisition Act 1983 are some
examples of this.
Telangana
is a new state. The aspirations and desires of people are also new. The entire
Telangana agitation revolved around demand for water, employment and funds. For
the water, we need irrigation projects and the irrigation projects are a
reality if we have speedy land acquisition. In other words, to march the state
forward in development, land acquisition should be done on a fast track.
While
introducing the Land Acquisition Bill in the State Assembly, the government has
clarified many doubts. Wherever, the landowner voluntarily gives the land GOs
123, 190, 191 are implemented and wherever the farmers want implementation of
the Land Acquisition 2013 Act, it will be applied there. But the question
remains that why should bring in amendments to the 2013 Act? The Act, which
came into being during the Congress regime, is, to put it in KCR’s words, “The
act was made by those who have no bearings.”
Introducing
the Bill in Legislature the Government detailed several aspects without any
ambiguity. If the land owner volunteers to offer his land for acquisition there
are many GOs like 123, 190 and 191 to implement it. On the other hand if the
owner desires compensation as per Act 2013, government also facilitated it.
However the Act 2013 was an Act that was enacted hurriedly by Congress and
without a proper thought process.
There
is need to clarify few points to those who question the reality of the Land Acquisition
Act. Without land acquisition, projects cannot be built. Projects like
Nagarjuna Sagar, Srisailam became a reality only due to land acquisition. The
World’s biggest rehabilitation project Three Gorges Dam in China caused
relocation of 12 lakh families. This was done for the benefit of the people.
The projects that will be useful for posterity and for ages together will cause
some minor loss to some section of the people. But this will not mean we will
stop constructing projects and land acquisition.
The idea to bring
amendments to the Act came when some people tried to politicise the land acquisition
for the Mallanna Sagar project. 75 per cent farmers gave their land voluntarily
for Mallanna Sagar project. Politics came into play for others. There was an
attempt to stop the project and wanted a litigation. Where is the justification
in people who do not belong to the place and anywhere connected with the issue
agitating?
In
fact, the Telangana state government has given the rehabilitation and
compensation package, which none of the governments gave under the united AP.
For the farmers who gave their land for Tapaspally reservoir, which is a
stone’s throw away distance from Mallanna Sagar, the compensation given was Rs
80,000 per acre. For Mallanna Sagar project displaced persons the compensation
is Rs 6 lakh per acre! Then why agitate?
Whenever a project is constructed, certain villages will submerge completely
while some partially. For those submerged partially rehabilitation colonies are
constructed on the land available. But yet there is criticism against the
government!
Under
the 2013 Act, Rs one lakh is given as compensation for house under Indira Awas
Yojana. 200 square yards land given as compensation in the village will not
cost more than Rs 20,000. On the whole it amounted to Rs. 1, 20, 000. Under the
Act, three times of the registration value of the land should be given as
compensation but the Telangana state government has given more than 10 times.
Many farmers are benefited. The government paid Rs 6.5 lakh while the
registered value of the Land is Rs 60,000. It has the option to pay Rs 1.20
Lakh under the 2013 Act and wash off its hands. Over and above the government
gave an option for them to construct a 2BHK house on the lines of 2BHK
constructed by the government any place of their choice. Another Rs 5.04 Lakh
additionally is given for the construction of house. All this was done under GO
123.
Some
people went to court on GO 123. In its Affidavit in the High Court, the
government clarified all the issues. All these measures are initiated for the
benefit of the farmer, but, yet the politicization of issue continued. There is
no change in the attitude of certain political parties. They are only thinking
about how to stop the projects. They started agitating at the project sites,
went to courts and to the Green Tribunal and got a stay. This is not expected
from an Opposition party.
Finally
the state government consulted the Centre. The Centre also admitted that the
land Acquisition Act 2013 was made irresponsibly. CM KCR has consulted PM Modi.
States like Gujarat, Rajasthan, Madhya Pradesh, Tamil Nadu and a few other
States have amended the 2013 Act as the subject was under the Concurrent list.
It became clear that Telangana state too could amend the Act and get the
presidential assent to it. Based on the advice of the Centre, the state had
brought in amendments to the Act. A lot of exercise was done by the state
government officials who were in touch with the officers from Centre’s law
department and made a foolproof draft Bill before it was introduced in the
Assembly and was passed.
Now
no one can ever stop the projects conceived by the state government and the commitment
to give water to one crore acres. END
