Live Law

2019-11-21 05:48:09.0

  • 1. This is fairly consistent with a welfare state constitution.

    2. It is a wholesale rejection of the colonial mindset. The new regime was constructed with a sensitive mindset.

    3. This is far more integrated. Not only acquisition, but also rehabilitation and resettlement.

    4. Degree of compensation is much higher, because the old Act was inadequate.

    5. This is more participatory.

    J. Mishra - Justice Patnaik’s guidelines in Narmada Bachao were laid down in this. He was the pioneer in this issue. This concept was developed in that case. Medha Patkar and all. So many states had a rehabilitation policy.

    SD - What was previously in the realm of policy, has moved to the realm of entitlement.

    J. Mishra - Private companies will not resort to this. By negotiation, they will take the land.

    J. Saran - That’s why I asked how many acquisitions have taken place.

    J. Mishra - Govt is also resorting to dubious methods. They are exploiting. You’re not giving the benefit to the land owners and you’re leaving them remedy-less. This is a blatant fraud. Idea is wholesome and salutary, but in the end everyone has dubious practices.

    J. Bhat - When the threshold is kept so high, this will happen.

    SD - You have made the point that this is a complete and dramatically departure. That is the point I wanted to make.

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