L-G Najeeb Jung finds faults with UPA’s Land Act, backs amendments

“The Delhi government will initiate steps to implement the new Act as soon as the powers of ‘Appropriate Government’ are delegated,” Jung said at a conference of revenue ministers called by Union Rural Development Minister Nitin Gadkari on June 27.

The elaborate process of ‘social impact assessment’ — a pre-requisite for issuance of a preliminary notification within a period of 12 months under Section 11 of the new Act — will considerably delay the process of land acquisition, especially for key projects such as MRTS, roads, schools and hospitals, sources said.

Jung called for “simplifying and shortening the process”.

Special provisions to safeguard food security have been added under Section 10 of the Act, “which prohibits acquisition of multi-crop irrigated land”. It also specifies that if the government intends to proceed with acquisition of such land, equivalent wasteland needs to be brought under cultivation.

“There is little agricultural wasteland available to go ahead with the process of acquisition of multi-crop irrigated land. (So) it will be impossible to acquire any agricultural land in Delhi… It is necessary that this section be appropriately modified/amended in the context of Delhi,” Jung said.

The Act also provides an elaborate mechanism for preparation of rehabilitation and resettlement schemes under Sections 14 to 19. Under these schemes, benefits are to be given to the “affected families”.

Jung said the definition of “affected family” as given in the Act is very broad and needs to be amended, “under which anybody could claim benefit under the resettlement scheme”.

The L-G pointed out another “error” in proviso of sub-section 24 (2), which states that where an award has been made and compensation in respect of majority of landholders has not been deposited in the account of beneficiaries, all beneficiaries specified in the notification for acquisition under Section 4 shall be entitled to compensation…