(S.Ravi Seshu)
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, replaced the colonial Land Acquisition Act (LAA), 1894 from 1 January 2014 to ensure equity, transparency and social acceptability in the land acquisition and resettlement process.
It is an unique Act in many ways. It is the first legislation world-wide mandating R & R for both the land and livelihood losers and the first legislation to link land acquisition with R&R both in planning and implementation.
The Telangana Rashtra Samithi (TRS) government tried in vain to outwit the RFCTLARR Act, 2013, which indeed provides greater transparency and benefits the affected families, by bringing in GO 123 on July 30, 2015. It is a sheer attempt to save some bucks to the exchequer at the cost of the aggrieved farmers and landless sections.
Justice Suresh Kumar Kait of Hyderabad High Court on Wednesday quashed the GO 123 that clearly bypasses the RFCTLARR Act, 2013. While allowing a writ petition filed by Tukkamma and 22 other agricultural labourers of Bardipur village, Jarasangham Mandal, Medak district, the Court observed that the government is not a private property dealer. The petitioners are not happy with the land acquisition for National Investment and Manufacturing Zone (NIMZ) by the Telangana State Industrial Infrastructure Corporation (TSIIC).
While the Act considers landless poor, the GO 123 completely ignores them. Justice Kait observed that the agricultural labourers will not get ‘single penny’ if lands are acquired in the villages under GO 123. The judge made it clear that no rule that runs contrary to the Act is not acceptable.
The government had decided to acquire 60,000 acres of land for Mallanna Sagar reservoir, NIMZ at Zahirabad and to raise the height of the Ghanapur anicut in Medak constituency. A report suggest that, the government had announced Rs.5.80 lakh as compensation per acre and an additional Rs.5.04 lakh for those who will lose their house due to Mallanna Sagar project. But according to Land Acquisition Act, 2013, the government will have to pay about three times the market value of the land!
The court order came as a body blow to the TRS government that had already faced humiliation in the appointment of Vice-Chancellors by circumventing University Grants Commission rules.
The Political Joint Action Committee (TJAC) has been buoyed by the Court order even as the Irrigation Minister T.Harish Rao, nephew of the Chief Minster, indicated that the government would appeal against the court verdict before a division bench of the High Court.
