Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation & Resettlement Amendment Ordinance No. 9 of 2014 - A Critical Review.

Abstract

Government of India came up with Gazette Notification on 31st December 2014 amending the large awaited “Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation & Resettlement Act” through an ordinance on the ground that Parliament is not in session and the President is satisfied with circumstances existed, which referred it necessary for him to take immediate action. It was strongly objected by Congress and its allies. But the fact is that the stalemate that has occurred due to induction of new Act w.e.f 1st January 2014 will now start moving with positive direction. The ordinance will create confidence in the minds of the investors as the consent clauses has been diluted and investment atmosphere crated which will facilitate for industrial growth of the country. Even if the new NDA government in India has made a slogan of “Make in India” and has made several round of meeting with investors to attract them for investment in India the Land Acquisition Act 2013 was one of the biggest bottlenecks for the investors to think investing in large scale in India. Other than this the 2nd tailbacks is mining lease. Uncertainty in mining lease and uncertainty in land acquisition will certainly create doubt in the mind of investors, who will probably think thrice before investing in India. This article is intended to make lucid analysis of various provisions of Ordinance-9, 2014 with an intention to make it understandable to the common man and view of the investor who might be searching and surfing with a good intention to participate in make in India programme of the new government.