Call to scrap TN act on acquisition of land

CHENNAI: While civil society and industries across the country are busy discussing the draft Land Acquisition bill, little will change in Tamil Nadu, say experts, as the State already has its own Act on land acquisition. Though the subject of land acquisition falls under the concurrent list, industry bo-dies and lawyers are frow-ning at the State law, which, according to them, is blocking the way for a much progressive draft getting ready.Some legal experts call the Tamil Nadu Act unconstitutional as it overrides the Central Act. “The Tamil Nadu Acquisition of Land for Industrial Purposes Act is unconstitutional as it overrides the Central Act,” says Sanjay Parikh, a Supreme Court lawyer, who specialises in land acquisition cases. “The issue becomes all the more important, now that a progressive draft bill is being formulated,” says Parikh. “The only way for citizens in Tamil Nadu to change the scenario is to challenge the validity of the State Act in the court of law,” he adds.Activists claim that the State Act is much draconian than the Victorian land Acquisition Act of 1894, which at present is effective on the national scene. “Even States like Orissa, which has witnessed violent movements against land acquisition, has a Relief and Rehabilitation Policy for land acquisition. But the Tamil Nadu Government neither has a policy, nor the State law has a provision for Relief and Rehabilitation for farmers or people who stand to lose land,” says Madhumita Dutta of the anti-SEZ committee. Chennai-based lawyer Auxilia Peter says there have been cases where the State Government had scrapped its Act when a better national Act comes in due to political and social pressure.  The new draft bill, according to experts, provides a fair compensation and security to the farmers and people who sell their land. “For instance there is a clause in the draft which says land can be acquired only when more than 80 per cent of the local residents agree to it. Further, it talks about giving a market rate to sellers,” said Peter.Tamil Nadu has the third highest number of Special Economic Zones in India. “Yet the State has barely seen any overt protest against land acquisitions,” said M Vijayabhaskar, Professor at Madras Institute of Development Studies at a gathering of Madras Chamber of Commerce and Industries.