It is now the Royal way for Irrigation Projects : Vanam Jwala Narasimha Rao

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