INDIA
Activists allege farmers and land owners land was being acquired without their consent
The Supreme Court (SC) on Monday decided to examine crucial changes introduced by five state governments to the Land Acquisition Act 2013. As per the tweaked Act, the state could acquire land for social development, industrial corridor and housing projects, even multi-cropped irrigated land without any social impact assessment. The move came on a PIL filed by 10 social activists led by Medha Patkar.
The PIL alleged that the states of Gujarat, Andhra Pradesh, Telangana, Tamil Nadu, and Jharkhand have introduced amendments to the Central Act of 2013 titled 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act', which has altered the rights of farmers and land owners.
Advocate Prashant Bhushan who argued the PIL said that no land could be taken away "unless it is essential in public interest and that is to be seen by social impact assessment." The law also provided safeguard that rehabilitation for affected persons will be given only after conducting such an assessment. By removing the safeguard of social impact assessment, the fundamental rights of farmers and land owners under Article 21 (right to livelihood) has been taken away. By granting exemption from this rule to project proponents, farmers and land owners have been left remediless as their land is acquired by Government without their consent and suitable rehabilitation.
The bench of Justices Madan B Lokur and Deepak Gupta issued notice to the five state governments to explain the validity of the amended Act.
Bhushan said the Centre attempted to introduce these very amendments by way of Ordinance, not once but twice. It was after the Ordinance lapsed on August 31, 2015, the states passed laws on similar lines and got the requisite Presidential approval to permanently graft it to their state laws.
All these laws made the amendments retrospectively applicable in the respective states with effect from January 1, 2014. This way, all development projects in the state enjoyed exemption, nullifying the effect of the Central Act.
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