De-notification of land still a far cry, rules to facilitate return not in place yet

CABINET IN SEPT 2017 DID A RUSH JOB BY NOT WAITING FOR PRESIDENT’S ASSENT TO LEGAL PROVISION TO DENOTIFY LAND

CHANDIGARH: The de-notification of about 1,019 acres acquired for Dadupur Nalvi Irrigation Scheme, even after the enactment of a legal provision, would be a far cry for the Haryana government.

The cabinet in September 2017 did a rush job by not waiting for the President’s assent to a legal provision to de-notify the land, thus returning it to farmers. The assent to an amendment Bill for facilitating such de-notification in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 recently received the Presidential assent and became a law. However, the de-notification cannot be done till the revenue department formulate rules to facilitate the return of the land to owners. The cabinet on September 27 had ordered de-notification of the land on the grounds of rising land cost due to enhancements ordered by the courts. When contacted, Principal secretary, irrigation, Anurag Rastogi said that the government is yet to issue a notification to de-notify Dadupur land.

“The Revenue department is in the process of preparing the rules which will provide the procedure and scheme to return the land,’’ Rastogi said.

On being asked about the delineation of certain parts of land under use, like the one on which the public works department has constructed a road along the alignment of the waterway, the principal secretary said those could also be included in the de-notification.

The Revenue department, is increasingly circumspect in framing the rules for facilitating the return of the land. “We would like to do a thorough job to ensure that there are no loopholes and the amendment law cannot be misused,’’ said a revenue official.

The amendment law, Section 101-A of the Act, which was passed by the state assembly in March 2017, said that when any public purpose, for which the land acquired under the Land Acquisition Act, 1894 becomes unviable or non essential, the state government shall be at liberty to de-notify such land on such terms as considered expedient by the government, including payment of compensation on account of damages if any sustained by the land owners.

The revenue department is learnt to have decided to spell out the definition of “unviable and non-essential” land while framing the rules. “There are wideranging issues which need to be addressed before the land is de-notified. Determining the quantum of money to be paid by the land owner on getting back the land, payment of compensation for land which has been put to some use,’’ said a revenue department official.