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Land Ordinance Myths Busted

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Mandharam
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Posted on Monday, February 23, 2015 - 11:30 am:   Insert Quote Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

(1)The original Act requires the consent of 70 per cent of farmers in the area where land is to be acquired for Public-Private Partnership projects. The new clause exempts five categories from this rule - industrial corridors, public-private partnership projects, rural infrastructure, affordable housing and defence.

(2)In the earlier law, a social impact assessment was mandatory but the ordinance exempts the five categories from this requirement.

(3)The existing law says land will be returned to the original owner if it is unused for five years. The proposed amendment scraps the five-year limit and says the land will be returned if it is unused for the period specified for the project.

(4)The current law has a provision to penalise bureaucrats for any violations. The amended clause says government sanction will be required to prosecute civil servants.

(5)The earlier ordinance had excluded private hospitals and private educational institutions from the list of infrastructure projects. The amended clause includes them, which allows private companies to buy land at concessional rates.
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Teluguhero
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Posted on Monday, February 23, 2015 - 10:14 am:   Insert Quote Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

http://www.niticentral.com/2015/02/23/land-ordinance-myths-b usted-sonias-land-law-flaws-explained-303243.html

Land Ordinance Myths Busted – Sonia’s Land Law flaws explained

With the last Parliament Session being wasted by disruptions, the Narendra Modi led NDA Government had to take the extraordinary step of promulgating an Ordinance to amend the flawed Land Acquisition Act legislated by the Sonia Gandhi led UPA. Since then Sonia Gandhi’s flawed Land Law has become the rallying point for all sundry from serial protestor Anna Hazare to anarchist turned CM Kejriwal.

So why is everyone from Hazare to Kejriwal batting for Sonia Gandhi’s flawed Law ?

To help understand the underlying issues here is a simple Q&A that breaks it all down for you.

Was all hunky dory with Sonia’s Land Law ?

No. In fact much of the demand for fixing Sonia’s flawed Land Law came from those within her fold.

So, who all wanted Sonia Gandhi’s flawed Land Law to be fixed ?

Did you know as many as 32 Chief Ministers and representatives of Union Territories lobbied against Sonia Gandhi’s flawed land law !

Did you know that these Chief Ministers and UT leaders argued that Sonia’s flawed Land Law made development impossible while making farmers miserable !

Look at the list of items they felt were stumbling blocks – Social Impact Assessment, Lapse of land ownership after 5 years, Consent Clause, Action against Govt servants, definition of affected family, etc

Who in the Congress was against Sonia’s flawed Land Law ?

Did you know Prithviraj Chavan who was the CM of Maharashtra had written a letter in 2011 to Jairam Ramesh opposing Sonia’s flawed Land Law.

Did Delhi’s media tell you that Maharashtra under the Congress rule had expressed concern over even giving a fair compensation ?

But of course there was nobody in Lutyens Media who bothered to inform you that Maharashtra’s Congress Govt in August 2014 eventually lowered the compensation from 4 times the market value to 2.2 times the market value.

That was not all, Oomen Chandy was not too far behind Prithviraj Chavan. Recently the Congress government in Kerala strongly affirmed that Sonia’s flawed Land Acquisition Act needed to be changed.

So what was bothering Oomen Chandy that he chose to do a Chavan belatedly – problems with the SIA & Consent clause of Sonia’s flawed Land Law.

Which flaws in Sonia’s Land Law have been fixed by NaMo’s Land Ordinance ?

NaMo’s Land Ordinance fixes a major flaw with Sonia’s Land Law that kept out Center Government Infrastructure Projects. Thanks to NaMo’s Land Ordinance farmers would now stand to get proper relief and rehabilitation for these Central Government Projects by bringing 13 Acts under its purview. These acts are applicable for national highways, railways including metro rail, atomic energy projects, electricity related projects, etc. Thus a large percentage of famers and affected families who were denied compensation by Sonia’s Law now stand to benefit from NaMo’s Ordinance.

What does NaMo’s Ordinance mean to Farmers ?

Thanks to NaMo’s Ordinance Farmers stand to get 4 times the market price of their land, and also get 20% of the original land after the development by just paying the development and acquisition cost.

Thus NaMo’s Ordinance will ensure the Farmers make significant gains on capital as the market price of such developed land would be high.

The real blessing to Farmers from NAMo’S Ordinance will come once acquisition becomes easy.

Which farmer does not want facilities like colleges, hospitals, railways to develop ?

Which farmer wants his children to travel hundreds of kilometers every day for studies ?

Which farmer does not want a state of the art hospital with urban facilities within accessible distance ?

Which farmer wants his family to live the rest of their lives in darkness with no electricity and water to improve the productivity of their farms ?

NaMo’s Ordinance opens up avenues that Sonia’s flawed Land Law closed.

Why is NaMo acquiring land for Private Purposes ?

NaMo’s Land Ordinance is meant only for projects of public good.

Private Companies (hotels, real estate, factories) will have to be purchased land directly from farmers at the price that they want. There is no shortcut from this Ordinance.

Why is NaMo’s Land Ordinance better than Sonia’s flawed Land Law ?

The Ordinance has done away with Social Impact Assessment and 70% consent in cases of PPP Projects related to the larger public good.

Did you know there was a strong representation by several states on this ?

NaMo’s Ordinance has empowered states with the choice of exempting projects from SIA & consent clause is left with the respective state governments

NaMo’s Ordinance reflects the true spirit of federalism.

Who owns the Land if a Project is delayed ?

Should we abandon a Nuclear Power Project that is in National Interest if it is not completed in 5 years?

What about Railway Track Projects that may take more than 5 years ?

Do we not want all parts of the country to join the development journey?

It is in National Interest to ensure we have a Land Law that delivers on Critical Projects with 360 degrees benefit for Farmers.

NaMo’s Land Ordinance will deliver that 360 degrees welfare that Sonia’s flawed Land Law failed to ensure.

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