Defects in Land Acquisition Amendment Bill 2009- Part-1

R o b b y S h a r m a 865, Block-B, Panki Freelance Research Scholar Kanpur------ 208020 Town & Country Planning Problems Uttar Pradesh. INDIA

& Land Acquisition Act Ph:9235844258;9415438326 email.sharmarobby@hotmail.com Blog-http://sharmarobby.wordpress.com;

To 10-07-2011

The Secretary, National Advisory Council,
Government of India, 2, Motilal Nehru Place,
New Delhi – 110 011. Phone:011-23062580
email: ; dhiraj.s@nac.nic.in

Subject;- Some major defects in the Land Acquisition Amendment Bill-2009, passed by the Lok sabha , and proposed to be again put up before both Houses of Parliament.

Honorable Secretary:

To properly understand this article, It is essential to read the Land Acquisition Amendment suggestions letter dated-23rd March-2007,o3-03-2008 alongwith all its annexure, Which may be read on my blog

http://sharmarobby.wordpress.com/2008/08/02/land-acquisition-amendment-bill-2007-some-suggestions/

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The major defects in the Land Acquisition Amendment Bill, which was passed by the Lok Sabha and is again to be Introduced afresh in the Parliament are as follows:-

1. In Proposed Clause 5. of the Bill, which seeks to amend section-3 of the Parent Act,(b)(iv), please instead of “tenancy rights”, “agricultural tenancy rights” should be substituted otherwise all tenants under the Rent control Acts will come within its purview.

2. Proposed definition (f) (iii) is an evil clause it is the very clause which will give rise to the arbitrary Acquisitions, like the one recently struck down by the Honorable Supreme Court in Greater NOIDA matter. Instead of the provision for Acquisition of the thirty percent Land for private persons, the only sane procedure will be to ask them to acquire 100 % of the needed Land. However it may not be possible for them to get a Contiguous parcel of Land as all the Land Owners may not sell to them. So to ensure that they get a Contiguous parcel of Land, the State Governments can go in for CONSOLIDATION OPERATIONS as mentioned by me in Section-4-C-(3) from my earlier letter dated 23-March-2007 to the Prime Minister as extracted below:- 4-C (3):-Because till the acquired land is converted to other purposes, its status remains as agricultural Land for all practical and Legal purposes as such instead of acquiring the Lands to exchange them with unwilling Landowners, the State can go in for consolidation operations under the Consolidation of Land holdings Acts and thus the consolidated Land at one place can be easily obtained to meet the public purpose and there would be no need to acquire any land to give in exchange to the unwilling landowners.

3. I am sure that only by following of this procedure as suggested by me 80 % of the Land Acquisition challenges by the farmers can be prevented. Those Landowners who are forced to shift due to the Consolidation operations may be compensated by 10 % of value of Land.

4. To better explain it take an example where a private party wants say 100 hectares of Land in some Area. He should try to buy all the 100 Hectares of Land and in fact a little more. For this purpose he should negotiate with and Owners of twice the required Area i.e. with and Owners of 200 hectares. It is almost certain that those Land Owners, who are not having their Land on the Main Roads and their Land is not on the front will readily sell their Land if a good price is offered to them. Once the private party is able to get the required 100 Hectares or a little more, the State Government can start Consolidation of Land Operations in the Area and give a contiguous parcel of Land to the private party, with entrance from the Road and during the Consolidation Operation, those Land Owners, having frontage on good roads can be accommodated on alternately (by Consolidation Operations) made Roads. So that they have the least grievance. Here I would like to point out that in Uttar Pradesh, under the U.P. Consolidation of Land Holdings Act-1953 , the State Government can go in for Consolidation Operations after every ten years and if need be at any time. Therefore provision for this can be made in the Land Acquisition Amendment Bill.

5. I am pasting below the Drawings relating to the Example quoted by me:-

1. As regards the Rights of the land Less of the Villages dependant on the Landowners Lands or Village Common Lands, Also with regard to steps needed for the Protection and Preservation of Village Common Lands for exclusive Use by the Villagers, I have already written in detail in my letter dated 23rd March-2007 to Prime Minister for my Proposed Amendment to Land Acquisition Amendment Act, which may be read on my Blog.

2. Other defects in the Proposed Land Acquisition Amendment Bill will follow in PART-2.

Thanking You

Yours Sincerely

(Robby Sharma)

865, Block-B,Panki Kanpur-208020

Mobile:09415438326;09235844258

My letter dated-23-March -2007 may be read on my blog.