The ordinance on land acquisition promulgated by President Pranab Mukherjee has amended a provision for the period of time after which a piece of acquired land must be returned to its original owners.
The unamended law stated that the land must be returned after five years if it is not utilised.
However, the ordinance amended the period of five years to also include “the period specified for the setting up of any project” whichever might be greater.
Former Rural Development Minister Jairam Ramesh said the impact of this will be that the acquirer can specify an extremely lengthy and generous period for the completion of any project without any accountability.
“This in effect nullifies the clause,” he said.
He also criticised the amendments to Section 24 (2), which deals with the retrospective clause of the Land Acquisition Act, to exclude the time spent under litigation where a stay order has been passed.
“They have smuggled in amendments in the ordinance which they did not mention earlier. They have amended Section 24 the retrospective clause, which would have benefitted lakhs of farmers,” Ramesh said.
Former OSD to Ramesh Advocate Muhammad A Khan, who contributed immensely to the drafting of the legislation, said the retrospective clause in unamended Act will apply in three circumstances.
The clause will apply where Land Acquisition proceedings under the old Act has started and the award has not been announced.
It will also apply in a circumstance where the award has been announced for the acquired land five years ago but its physical possession has not taken place.
It will further apply in case land acquisition proceedings have started five years ago under the old Act but a majority of the farmers have not been paid the compensation.
Khan, an expert on land laws, said, on January 24 last year, a three-judge bench of the Supreme Court pronounced the first ever judgment on Act and “this judgement clarifies and pronounces upon the operation and interpretation of Section 24- the retrospective clause- is of great significance.