Monday, June 27, 2011

Singur land return Act, sans Prez nod

Ajanta, TNN Jun 21, 2011, 01.56am IST

KOLKATA: Governor M K Narayanan on Monday signed the Singur Land and Rehabilitation and Development Bill, 2011, making it an Act.

Earlier it was thought that the bill would need the President's approval but the state government has regarded it as a Singur-specific issue, and chose not to send it to Pratibha Patil, say sources.

Armed with the Act, the Mamata Banerjee government is now days away from keeping its word that Singur's unwilling land-losers would get back landt. The issue topped Mamata's priority list as has the other crisis: the Darjeeling unrest. The latter was solved last month, and the historic Singur bill was passed in the Assembly amid an Opposition walk-out on June 14.

Commerce and industries minister Partha Chatterjee said: "The governor has signed, making the Singur bill an Act. A notification will be issued tonight or tomorrow, and rules framed accordingly (by the law department)."

The Act provides for taking over 997.17 acres of land with a view to returning to the "unwilling owners equivalent quantum of land" acquired from them against their wishes for the project and for which they hadn't accepted compensation. The remaining portion will be used "in public interest and for the benefit of the state".

The state government has regarded the bill a state subject, which doesn't need a presidential emboss.

Opposition leader Surjya Kanta Mishra, however, insisted it did. "The bill needed presidential assent. It can be challenged in court and runs the risk of being declared ultra vires," he said. The former health minister, who had led the walk-out in the Assembly last Tuesday, explained:

"The bill involves land acquired under the Land Acquisition Act 1894. This is a central Act thus requires the President's nod. The Singur bill is inconsistent with other central acts like Transfer of Property Act and the Contract Act. It is also inconsistent with provisions of the Constitution - it violates Article 14 and Article 300 A."

The bill was passed in a voice vote in the Assembly last Tuesday. It was tabled after the governor had send back an ordinance on the issue, making the government drop the ordinance announced a day before to reclaim the land acquired for the automobile project.

There has already been a faux pas on the land return issue. On June 9, the chief minister had announced that an ordinance had been promulgated to return land but it turned out that procedures had not been followed and the ordinance had to be dropped.

Source: http://articles.timesofindia.indiatimes.com/2011-06-21/kolkata/29683306_1_singur-land-singur-bill-land-return