Both Houses of Telangana legislature on Sunday modified the Land Acquisition Bill passed by them four months back without any discussion as the Congress members disturbed proceedings demanding that the problems of chilli farmers due to steep decline in prices be taken up first. The BJP and Telugu Desam members were not allowed to attend as they faced a suspension.
The scenes in Assembly were aggressive with the Congress MLAs pushing back the marshals in trying to storm into the Well of the House. Even a woman MLA D.K. Aruna tried to force her way through women marshals during the brief proceedings of less than 10 minutes. The MLAs tore copies of the Bill and threw shreds of paper towards the Speaker S. Madhusudana Chary as he was busy reading out procedures to pass the Bill.
In the Legislative Council, the formalities were completed in less than five minutes though the Congress members stood up holding placards.
Central Act
The Central government had referred the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Telangana Amendment) Bill, 2016, passed on December 28 for reconsideration by the State Legislature as there were certain legal and Constitutional objections for Presidential assent. It suggested certain changes to the Bill in tune with the Central Act of 2013 in its application to the State.
Accordingly, the legislature on Sunday passed an amendment that the Bill will come into effect from January 1, 2014, and not on the date of publication of gazette as stated by the State government. The vested rights in the Central Act may not be taken away while giving retrospective and overriding effect. Otherwise, the State Bill said the provisions of the Amendment Act shall have effect, notwithstanding anything contained in any law or judgement or order of any court or authority.
Compensation
More importantly, the legislature was asked to omit the clause that authorised the State government to ascertain the market value of land acquired for payment of compensation rather than “revise and update” the amount as prescribed in the Central Act. It might bring ambiguity and lead to increased litigation. Any policy which generated litigation was a bad policy. Hence, it may not be agreed, the Centre said.
The Centre also suggested that the compensation not be abnormally at variance to the disadvantage of land owners while entering into agreements with them. This was in the context of agreements or lump sum amount payable towards rehabilitation and resettlement of families other than land owners. Also, payment of lump sum amount in lieu of rehabilitation and resettlement shall not be abnormally at variance to the disadvantage of affected families.
