TNHB pushes for amendments in new Land Acquisition Act

CHENNAI:

Tamil Nadu Housing Board, which is facing land crunch, is seeking amendments to the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement) Act 2017 after the rules have been notified by the state government.

It is learnt that the state housing board has sought five amendments to the provisions of the new land acquisition Act as it feels the new Act will put it into hardship in acquiring lands to cater to the needs of the public and government servants.

The state housing board is citing the examples of Telangana and Gujarat governments where in the amendments to the new land acquisition Act is made and has urged the state government to consider its case.

The housing board is particularly wary about Section 24 (2) of the new Act. Under this section if the land acquisition under old act has been made five years or more prior to the commencement of the New Act passed in 2013 but physical possession has not been taken nor the compensation paid then it paves way for filing of cases before the Madras High Court.

This could spell trouble for the housing board as it will have 794 cases challenging the land acquisition in Madras High Court, sources said. This would mean fresh compensation under the New Land Acquisition Act which would make the project unfeasible.

It is learnt that the housing board wants additional provision under Section 24 of the Act. This pertains to where the possession of land has been taken by the housing board but the compensation is lying deposited in court or any other account maintained for the purpose shall be excluded.

Similarly, Under Section 23 A, which pertains to enquiry and land acquisition by district collector, the housing board wants amendment giving powers to the district collector to clear the land acquisition without making enquiry to objection.

As per the Act, Collector has to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under land acquisition and to the measurements as well as valuation of the land.

Similarly, the Section 33 A, which pertains to corrections to awards made under land acquisition, the housing board wants the amendment where in if money is paid wrong fully to any person than the state government or collector shall recover it as arrears of land revenue.

As per the provisions of the act, If excess  amount is proved to have been paid to any person as a result of the correction made, the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government.

Similarly, it wants insertions in section 31 A of the act where in the land is acquired for projects, lumpsum amount equal to 50pc of the amount of compensation based on market value is determined

Similarly, it has suggested changes in section 87 of the act which prescribed offences by government department. As per the Act, Where an offence under this Act has been committed by any department of the Government, the head of the department, shall be deemed to be guilty of offence and shall be liable to be proceeded against and punished accordingly.

However, the state housing board has suggested that if any offence has been committed, the court shall take cognizance of such offence provided under the procedure laid down in Section 197 of Code of Criminal Procedure, 1973.