'Prez bypassed on Cidade ordinance' 24 Mar 2009, 0314 hrs IST, TNN
PANAJI: A cloud has settled over the controversial ordinance promulgated by the government to amend the Land Acquisition Act and bring relief to Cidade de Goa hotel, whose partial demolition was ordered by the Supreme Court. Even as the Land Acquisition (Goa Amendment) Bill 2009 was introduced in the assembly on Monday evening, a significant legal aspect specifying that the ordinance required presidential assent before its promulgation has come to the fore. Satish Sonak, addressing a Goa Bachao Abhiyan meet on Monday, said that documents issued by the special secretary (law) and the advocate general to the chief minister in February state that presidential assent was necessary. Advocate general Subodh Kantak's note to the CM, dated February 12, 2009, states: "It is permissible for the state government to bring the amendment in land acquisition, provided it is not inconsistent with any other provision of the Act, in which case it will require presidential assent under Article 254." The AG further asked the CM to get the issue examined by the law department. On February 16, 2009, special secretary (law) P V Kadnekar in a note to the CM stated: "Certain provisions for the proposed ordinance are inconsistent with provisions of the Act. Before promulgation of ordinance by the governor of Goa, in terms of Article 213, a prior approval of the President is required." However, legislature secretary R Kothandaraman said that presidential assent was not required. "Any subject in the concurrent list can be enacted by parliament and the state," he said. http://timesofindia.indiatimes.com/Cities/Goa/Prez-bypassed-on-Cidade-ordinance/articleshow/4307750.cms
