I have something to tell more about the new ordinance issue. (I am reposting it since i see this write up being dampened inside the comment boxes of my previous post) What could be the justifications of the Government of India on the matter? Where lies the exact crux of the issue? What our larger pubilc media was highlighting is not fully true. In that sense my fears are also little overemphasised (though i admit there is growing authoritarianism in GOI) - now let me explain what really happened in ordinance.... 1st issue: What exactly the amendments mean? - The amendment is not an anti people legislation, for two reasons - first it makes the exemption enjoyed by 13 land aquring Acts and projects in 2013 Right to fair compensation, and transparency in Land Acquisition, rehabilitation and resettlement act nullified. That means now land acquisition for national highways, metro rail, atomic energy projects, electricity related other projects etc willalso be considered under new ordinance which was previously not. Even the need for ordinance or so called medias alleged condemned urgency stems out from the 2013 act itself. Because Act envisages any change in attitude towards the aforesaid projects must be brought within one year of entry into force of 2013 act,. The due date was 1st january 2015. So ordinance was necessary. Now the exemption from Social Impact Assessment (SIA) - One must understand 2013 Act doesnt contemplate any conditions or prerquisite qualities for exempting SIA other than for a declaration of urgency by the government. Read Section 9 of 2013 Act. The new ordinance brought Section 10A which clearly states which are the projects which can be exempted from SIA (emphasis can be exempted) - they include land acqusition for defence and defence production, rural infrastructure including electrification, housing for poor including affordable housing, industrial corridors and infrastructure projects including private-public initiatives. Therefore, merely because of the sole reason private-public initiatives are included one cannot allege malafide intentions on GOI.
Posted on: Sun, 04 Jan 2015 17:01:42 +0000
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