New Land Bill with retrospective effect: Jairam

However,he did not spell out the particular stage of the land acquisition process from which it would be applicable.

Last week,Ramesh had informed Parliament that there was a dilemma over the operationalisation of the proposed law with retrospective effect.

Under the existing law,Section 4 to Section 16 cover the land acquisition process. While the process begins with publication of the preliminary notification of the government’s intention to acquire land under Section 4,it ends with Section 16 which grants the government the power to take possession.

The sections in between cover the intermediate processes that include hearing of objections,inquiry into measurements and finalisation of award of land among many stages.

Ramesh refrained from spelling out the exact section from which the “retrospective” effect would be implemented,saying that this was still “under study”.

In another major change,the minister said the government was contemplating bringing all land acquisitions,except those for strategic purposes,under the mandatory provision of seeking the consent of 80 per cent of the project-affected people.

The draft Land Acquisition and Rehabilitation & Resettlement Bill,2011 had exempted the government from this requirement for the acquisition of “land for its own use,to hold and to control.” But the consent of 80 per cent of the affected population was mandatory for other land acquisitions,including PPP projects.

The new proposal now wants to make it mandatory for all land acquisitions,even for the government’s own projects,to get 80 per cent approval.