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Some states keen to bring own land acquisition laws: FM Arun Jaitley

Arun Jaitley neither named the states that wanted their own legislations nor give a break-up of BJP and non-BJP ruled states demanding such a move.

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Finance Minister Arun Jaitley
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With the government's pet land acquisition bill stuck for consensus, Finance Minister Arun Jaitley on Wednesday said some states are keen to bring their own legislations to make it easier to acquire land as they cannot indefinitely wait for a consensus on the central legislation.

At the meeting of the Governing Council of NITI Aayog, which saw Chief Ministers of nine Congress-ruled states as well as those of non-BJP states like Tamil Nadu, Uttar Pradesh, West Bengal, Andhra Pradesh and Odisha abstaining, "an overwhelming section" of states said they cannot "indefinitely wait for consensus" on amendment to the land acquisition bill, he said.

BJP-led NDA government at the Centre wants to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 to make it easier for certain sectors including industrial corridors, to acquire farm land but has faced strong political opposition, stalling the amendment in Parliament.

"An important suggestion that came was that Centre should endeavour to create a consensus but states cannot indefinitely wait for that consensus.

"If Centre fails to approve this (bill) with consensus, then it should be left to the states. Those states which want to develop fast...can suggest their own state legislations and Centre (would) approve that state legislation. An overwhelming section gave this kind of suggestion," he said.

Jaitley neither named the states that wanted their own legislations nor give a break-up of BJP and non-BJP ruled states demanding such a move.

The meeting, chaired by Prime Minister Narendra Modi, was attended by 16 chief ministers.

"Those who could not come because of pre-occupation, many of them spoke to the Prime Minister which is understandable.

Those who chose to boycott must introspect whether not attending the NITI Aayog meeting is in consonance with the spirit of cooperative federalism. You can always come and express an alternative opinion," Jaitley said. 

Jaitley said amendments to the 2013 land acquisition law were brought in because most states complained of difficulties in acquiring land due to certain provisions in the Act.

"A large number of Chief Ministers requested changes because they realised difficulty in the path of development.

Subsequently some of them representing political parties had changed their position... Nobody disputed the proposition that land is required for development, for infrastructure, for industrialisation, for jobs, for housing," he said.

The amendments to land acquisition bill 2013 have been passed by Lok Sabha and is before the Rajya Sabha. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 is being scrutinised by a 30-member Joint Committee of Parliament.

The committee is scheduled to give its report later in the month.

The government has re-promulgated the Land Ordinance thrice December 2014 as it failed to pass the amendments to the Bill in the Rajya Sabha.

While the 2013 law required that the consent of 80% of land owners was obtained for private projects and that the consent of 70% of land owners be obtained for PPP projects, the present bill exempts the five categories from this provision of the Act.

These categories include defence, rural infrastructure, affordable housing, industrial corridors and infrastructure projects including public private partnership (PPP) projects where the government owns the land.

The 2013 Act also required that a social impact assessment be conducted to identify affected families and calculate the social impact when land is acquired. The amendments propose to do away with the provision.

As far as land acquisition by the Centre is concerned, it is exempt from the three provisions of consent, Social Impact Assessment and Right to Food Consideration.

Jaitley said the Prime Minister in his concluding remark assured Chief Ministers that all the suggestions would be considered without compromising of the development agenda.

"The Prime Minister has said that whatever we decide going forward, we will factor in all the suggestions we received from the states," Jaitley said.

"We will not compromise with development of the country.

We will keep interest of farmers in the mind. For this we will consider all the suggestions," he said.

Since the 2013 Act came into being after a consensus, Bihar Chief Minister stated that it is not the right time for the amendment, he said.

"Nitish Kumar said this is not the right time. Delhi CM said try the old Act for some more time," he said.

Asked if the government is hopeful of the passage of the amendment to the Bill in Parliament this session, Jaitley said, "Well, I am certain that the country needs some significant changes. Land is required for every developmental activity." 

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