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President of India has promulgated the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Second Ordinance 2015 [RFCTLARR (Amendment) Second Ordinance, 2015] to amend the parent Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [RFCTLARR Act, 2013].
This re-promulgated ordinance replaces the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance 2015 [RFCTLARR (Amendment) Ordinance, 2015] which was set to lapse on 3 June 2015.
|1 January 2014||RFCTLARR Act, 2013 comes into existence repealing the Land Acquisition Act, 1984|
|31 December 2014||RFCTLARR (Amendment) Ordinance, 2014 promulgated|
|24 February 2015||RFCTLARR (Amendment) Bill, 2015 introduced in Lok Sabha|
|10 March 2015||RFCTLARR (Amendment) Bill, 2015 passed in Lok Sabha with amendments but could not be passed by the Rajya Sabha and remains pending|
|3 April 2015||RFCTLARR (Amendment) Ordinance, 2015 incorporating the amendments made by the Lok Sabha promulgated|
|10 April 2015||PIL filed in Supreme Court to declare RFCTLARR (Amendment) Ordinance, 2015 as “unconstitutional” and ultra vires of the Constitution and as a “colourful exercise of power”|
|13 April 2015||Supreme Court issues notice in the PIL but refuses to stay the RFCTLARR (Amendment) Ordinance, 2015.|
|11 May 2015||RFCTLARR (Amendment) Second Bill, 2015 introduced in the Lok Sabha|
|13 May 2015||RFCTLARR (Amendment) Second Bill, 2015 referred to the Joint Committee of Parliament|
|30 May 2015||RFCTLARR (Amendment) Second Ordinance, 2015 promulgated|
Existing Ordinance was to expire on 3 June 2015
The object of the present third ordinance states the reason for the Ordinance states:
AND WHEREAS, it is considered necessary to give continued effect to the provisions of the RFCTLARR (Amendment) Ordinance, 2015;
AND WHEREAS,Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
The life of an ordinance is six months but it has to be endorsed by Parliament within six weeks of the first sitting. However, due to stiff opposition to certain provisions of the RFCTLARR Second Amendment Bill in the Rajya Sabha, where the ruling NDA lacks a majority, the Second Ordinance on 3 April 2015 could not be passed during the second half of the budget session. The Bill was not at all taken up in the Rajya Sabha in the second half of the session. The Ordinance was thus set to lapse on 3 June 2015.
Bill with Joint Committee of Parliament
Presently the RFCTLARR (Amendment) Second Bill 2015 is with the Joint Committee of Parliament chaired by BJP MP S.S. Ahluwalia for detailed discussion on the provisions of the legislation.
The 30-member Joint Committee of Lok Sabha and Rajya Sabha would submit its report on the first day of Monsoon Session on the bill which has already been passed by the Lower House.
The 20 members of the Lok Sabha who are on the joint panel include K V Thomas, Rajiv Satav (both Congress), Anand Rao Adsul (Shiv Sena), Kalyan Banerjee (Trinamool Congress), B Mahtab (BJD), Mohammad Salim (CPI-M), Chirag Paswan (LJP) and Udit Raj, Anurag Thakur and Ganesh Singh (all BJP).
The 10 Rajya Sabha members include Ram Narain Dudi (BJP), Jairam Ramesh, Panna Lal Punia, Digvijay Singh (all Cong), Ram Gopal Yadav (SP), Sharad Yadav (JD-U), Sharad Pawar (NCP), Derek O’Brien (TMC) and Rajpal Singh Saini (BSP).
PIL challenging the second Ordinance pending before Supreme Court
In April 2015, certain farmer organisations had challenged the 2015 Ordinance through a PIL terming it as “unconstitutional” and ultra vires of the Constitution and as a “colourful exercise of power” by the executive usurping law-making powers of the legislature. The Petitioners include Delhi Grameen Samaj, Bharatiya Kishan Union, Gram Sewa Samiti and Chogama Vikas Avam.
On 13 April 2015, SC Bench comprising of Justices JS Kehar and SA Bobade refused to grant an interim relief seeking stay on the re-promulgation of the ordinance and an urgent hearing. However, Court issued notice to the Union of India and granted it four weeks time to file its reply. Court has also asked the Government to “hand over” all records leading to the re-promulgation. Matter is to be taken up on 6 July 2015. However as a matter of fact, the ordinance challenged by the PIL – RFCTLARR (Amendment) Ordinance, 2015 has been repealed by the present RFCTLARR (Amendment) Second Ordinance, 2015.
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