There is no provision in the Land Acquisition Act to keep the acquisition on a
temporary hold. Which powers did the govt invoke? Under sect 4(1) of the Act
the person nominated to perform the duties of the Collector has full powers to
do all deeds including hearing under sect 5(a) and can refuse to accept the
instruction of the govt because such an instruction is not as per the Act.
The keeping the land acquisition on hold clearly means the government issued
sect 4(1) notification in haste without doing proper homework. If that is so
the only recource provided by the Act to the government is to de-notify the
sect 4(1) notification.
Another alternative is to allow the sect 4(1) notification to lapse on
completion of one year. But, what seem to have forced the govt to take the step
are the Municipal elections scheduled in October. Contestants close to Congress
would find it difficult to win if the NH issue hots up. To that extent the
Government is trying to fox aam aadmi.
This is in response to report in Times of India: On Wednesday the state
government decided to temporarily keep on hold land acquisition proceedings for
widening of NH 17 and NH 4-A till the alignment issue is sorted out. The
decision was communicated to the NHAI which is undertaking the highway
broadening.
In a letter addressed to the project director, state under secretary (revenue)
Pandarinath Naik said, "I am directed to convey the government decision that
the land acquisition proceedings of NH 17 and NH 4-A shall be temporarily kept
on hold till the issue of alignment is sorted out."
Officials said that Wednesday's decision means that hearings being held as part
of the land acquisition process would be stopped. Alignment work in
collaboration with the land settlement and survey department, will continue,
sources said.
Copies of the letter have been dispatched for information and action to
district collectors G P Naik (South) and Mihir Vardhan (North), principal chief
engineer J S Rego, and competent authorities for land acquisition Anthony
D'Souza (North) and Agnel Fernandes (South) among others.
Last month environment minister Aleixo Sequeira had cancelled public hearings
on NH 17 widening and had written to chief minister Digambar Kamat and revenue
minister Jose Philip D'Souza asking that the land acquisition process be put on
hold till the alignment was finalized. To questions in the Goa assembly, he had
stated that the NHAI had sent different alignment plans to different government
agencies for widening of the national highways running through the state.
The NHAI consultant has also come under criticism for errors in drawing up the
alignment at various stretches. As reported earlier, hundreds of structures
face demolition if the NHAI plan of 60 metres width or up to 40 metres wherever
possible, was to be retained. When the issue was raised in the Goa assembly, a
house committee was set up to go into the imbroglio.
Last week, the chief minister who heads the house panel announced that a
re-survey of NH 17 and NH 4-A would be conducted while trying to reduce the
width of the road where structures stand, to 35 metres.
In view of the indecision on the part of the state government to either stop
the land acquisition or take a different alignment, citizens' groups were
planning to intensify their agitations. NH 4-A diversion action committee has
planned a public meeting on Friday to garner support against the NHAI project.
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Goa-launch of the well-received *Into The Diaspora
Wilderness* by Selma Carvalho on Aug 29, 2010 (Sunday) at 11
am at Ravindra Bhavan, Margao. Meet the author, buy a signed
copy (only Rs 295 in Goa till stock lasts).
http://selmacarvalho.squarespace.com/
