Land acquisition law challenged in court

Prelims level : Agriculture Mains level : GS3: Land reforms in India
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Context:

  • The Supreme Court on Monday decided to examine a plea challenging the legality of amendments brought in by Tamil Nadu and four other States, which allow authorities to bypass the need to take farmers’ consent before their land is acquired for large infrastructure projects.

Details:

  • The bench issued notice to the Tamil Nadu, Gujarat, Andhra Pradesh, Telangana and Jharkhand governments for amending their land acquisition laws to the extent that consent of farmers or land owners is not required before their land is acquired for projects like industrial corridors, expressways and highways.
  • It is said that the States have amended to allow land acquisition without participation of representative local bodies like gram sabha in social impact assessment studies, without expert appraisal processes, public hearings, objections, and safeguard provisions to ensure food security.
  • The petition said the amendments violate the “core spirit” of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act of 2013. It mandates that 70% of the affected land owners should consent to the acquisition of land for a public private participation project.
  • The petition also said that the States have removed the consent clause of PPP, paving the way for many private projects that are running under the garb of PPP.
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