Farmers Movement Archive

Now is the opportunity to withdraw land acquisition amendment Bill: Kiran Choudhry

Pointing out omissions holding back the passage of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Bill passed by the state assembly in August, former Haryana minister Kiran Choudhry on Saturday asked the BJP-JJP government in state to withdraw the amendment Bill in the larger public interest. The amendment Bill will need the assent of President to become a law.The amendment Bill had proposed to remove impediments in land acquisition by exempting certain development projects, rural infrastructure, affordable housing, industrial corridors, health and education and urban metro rail projects from the ambit of social impact assessment study and provision to safeguard food security.The Opposition, including Choudhry, had termed the amendment Bill draconian and against the spirit of the principal Act of 2013 passed by the Parliament. “It will hurt the interest of farmers,” she had said.Choudhry, at a press briefing on Saturday, said the governor has sent the amendment Bill back to the state government seeking clarification on whether or not it is a money bill.The financial memorandum of the amendment Bill says there will be financial implication on the state exchequer on account of payment of compensation for acquisition and rehabilitation and resettlement cost of land owners or farmers.“The amendment Bill has been referred to the legal remembrancer (LR) for deciding if it is a money bill or not. My information is that the LR has formed an opinion that it’s not a money bill,” the Congress MLA said.Secondly, Choudhry said there was also an omission in the Clause 3 of the amendment Bill pertaining to the newly-inserted Section 10-A (power to exempt certain projects). While the Clause 3 of the amendment Bill says “provided that before issuance of notification under sub-section (1), the state government shall ensure that the minimum extent of land required for acquisition for such project or purpose is notified”, there is actually no sub section (1) in the proposed section 10-A of the amendment Bill, the Congress MLA said.“It’s a substantive and not a mere typographical error. Only the state legislature can rectify this error of substance. Hence, it does not fall in the purview of section 162 of the Rules of Procedure and Conduct of Business of Haryana assembly through which Speaker can correct patent errors and make consequential changes in a Bill passed by the House,” Choudhry said.“So, my point is that since the amendment Bill contained anomalies, has been wrongly passed by the assembly as a money bill and has not become a law, here is an opportunity for the state government to withdraw it in the interest of farmers. When the Central government has repealed the three farm laws, this amendment being as draconian as the three repealed farm laws needs to be purged,” the Tosham legislator said.Choudhry said the amendment Bill will give draconian powers to collector to announce awards without visiting the site or getting houses on acquired property vacated without 48-hour notice.“It will also throw the irrigated multi-cropped lands open to acquisition by the corporate. As this Bill diluted the welfare aspect of rehabilitation and resettlement of displaced farmers, it runs counter to the spirit of the principal Act,” she said.

Hindustan Times

18-12-2021

Chandigarh