1. Consent clause
Ordinance
A new category for projects exempted from need for consent and social impact assessment. Exemption extended to defence-related projects, rural infrastructure, housing for poor, industrial corridors as well as infrastructure and social infrastructure projects, including public-private partnerships, where ownership continues to vest with government.
Why Cong objects
Most acquisitions belong to categories exempted; new law will nullify safeguards under 2013 law.
BJP’s defence
UPA kept 13 central laws out of purview of Act, which would have resulted in farmers not getting compensation. Govt has included these to enhance value of land, create jobs and improve infrastructure.
2. Retrospective clause
Ordinance
Clause will not apply for delay caused due to any court stay or injunction. Under original Act, clause applied whenever land was acquired five years or more before commencement of Act but no compensation has been paid or possession not taken, even if acquisition is stuck in litigation.
Why Cong objects
The move will narrow the scope of the clause and reduce the number of beneficiaries.
BJP’s defence
Steps taken by UPA were harmful to interest of farmers and the new government has improved these through amendments aimed at the betterment of farmers.
3. Time-frames
Ordinance
Deadline for returning unutilised land was initially five years; ordinance sets a “period specified for setting up of any project or for five years, whichever is later”. Time during which government can take any action necessary to implement the law, originally two years after passage of law, now extended to five.
Why Cong objects
Acquirer can keep unutilised land for any period it specifies, government taking sweeping powers to enforce Act.
BJP’s defence
Creation of smart cities, industrial corridors, business centres, defence projects, highways, irrigation projects, dams have a long gestation period, cannot be completed in five years.
