Dinesh Trivedi speaks on Land Acquisition Ordinance, 2014 | Transcript

Full transcript:

Deputy Speaker Sir,

I hope you will be as patient with me, as you have been with our Hon’ble ex Prime Minister. Sir, after Hon’ble ex Prime Minister of India, whatever he had to say, he has said it very elaborately. In fact, my esteemed colleague, Sri Kalyan Banerjee spoke yesterday, not only on the legal points but also on the substantial points of this Bill.

At the outset, let me tell you, hum is Bill ka humara party ke taraf se zor shor se virodh kar rahe hai. Aur virodh karne ke sath sath yeh pata nahi chal raha hai ki hum inke shukriya aada kare, inka abhari hoye, ki inko bahut bahut dhanyavad de ki yeh Bill laye. Ab yeh baat hum kyun kahe rahe hai? Is Bill se aap ne kaya kiya hai hum bataye, aap pure Opposition ko ek sath unite kar diya hai. Aur is Bill ke madhyam se, aap dil pe haat rakkhe kahiye, aap ka andar main bhi ek disunity a gayi hai. Kyunki zyada tar ke lok iske virodh main hai.

Sir, it is a very simple question. Aap ke niyat me humein koi shaak aur shanka nehi hai. Aap jo kar rahe hai, aap ki samajh bhi wohi hai ki is se shayad desh ka bhala ho. Aap ke niyat me hume shaak nehi hai ki aap kisi ek punjipati ko zyada paisa dilana chahte hai, yeh humara dil me koi shanka nehi hai.

Sir, it is a very basic question. Clause by clause everybody has talked about and they have demolished this. I am not going to go on that, I am going to talk about substantial process of democracy. I am going to tell you in a very patient manner and will not get agitated about it but the fact is this is for all of us. For this country and the future generation which is going to come.

Sir, ismein baat bahut simple hai. It is the right of an individual against the might of the State. Sir, aaj bhi Narita Airport me ek kisan baitha hua hai. Sir, iske mudde bahut bahut simple hai ki aap kis prakar se kanun banana chahate hai uski prakriya keya hai. What is the process of law making?

I am hitting at the basic process of law making. Even the Hon’ble President of India made an observation this is not the way that you come up with ordinance after ordinance.

Sir, does the stakeholder have the right to understand what is happening or we just want to bulldoze a bill? For What? Why? What is the big hurry, like everybody has said?

Sir, have you circulated this draft to the stakeholders? Have you consulted the people who are going to get affected? Have you consulted the political parties? India means 1.2 Billion people we have always been talking about. The poor kisaan, the Bill is so complicated he will take some time to understand the Bill.

Sir, where is the draft circulated? Even before circulating the draft you have brought the Ordinance. Sir, I want to take it to a Committee of Secretaries in January 2014. The Committee of Secretaries had pronounced with due diligence and permission of the Government that, henceforth whatever laws comes into being, has be circulated in a draft form, there has to be a wider discussion and after that only the Bill will be presented and will be debated on.

Sir, I just want to take you through the border points. We all are in Parliament. I started my career in public life with consumer protection. In consumer protection Sir, what happens, some factual stuff – ki ek cheej ka ishtahar hum karte hai, we advertise for one thing and we give a product which is just the opposite. Toh kya hota hai? Toh hum bolte hai ki yeh dhokadhari hai ki apne ishtihar toh is cheej ka diya tha?

I am not going to shout at all. They must have patience. This is democracy, you can’t shoot me down. Please understand, yaha na Ravan ki chali hain, na toh Duryodhan ki chali hain, na toh Kansa ki chali hain. Yaha kissi ka nahi chalta hai, yeh sun ke rakhiye aap.

Sir, humne ishtehaar ki baat ki.

I am coming on a basic document Sir, and what is the basic document? Please I would urge the members to listen very carefully. This basic document is a Manifesto which is our ishtehaar, we go to the voters with the basic document called the Manifesto. And with your permission I will take two minutes to read the Manifesto.

It says, ‘In encouraging the production of cereals and discouraging the conversion of fertile farm lands for dubious industrial projects.’ It says, ‘land acquisition for infrastructures in farmer’s interest will be protected. The Centre and the State Governments for long have acquired land through an opaque process, to hand it over to the private parties under the umbrella of public purpose. The UPA Government has approved 572 Special Economic Zones (SEZs) that cover 50,000 acres (three times the size of Singapore). This is clearly absurd and spells disaster for the farming sector.’

‘The BJP will adopt a National Land Use Policy which will protest the interest of the farmers, the implementation will be monitored by the National Land Use Authority which will work with the State Land Use Authorities to regulate and facilitate land management. The powers and functions of the National Land Use Authority will be similar to that of other regulatory authorities. The BJP will bring about amendments for an existing law. The BJP will not allow the conversion of fertile farmland for industrial, commercial projects or for Special Economic Zone. Acquisition of land for industrial use will be addressed after careful scrutiny of Parliament and Standing Committee of the Parliament.’ Sir, it says, ’It will be addressed by careful scrutiny of Parliamentary Standing Committee Report and forcing the need to protect the farm sector after duly discussing with the stakeholders.’ This is your Manifesto and I am afraid that you are going totally against your Manifesto.

Sir, I remember if there has been a private company and said, that ‘I am going to sell you this’ and he sells something absolutely opposite of that, then we know what would have happened. I am not going to use any harsh words. I am totally as you are, interested in the farmland.

Sir, I will take some more time because this country is of Mahabharata, this country is of Ramayana, and this country is of Guru Granth Sahib and Quran Sharif.

I would just take you to the days of Mahabharata Sir. When Pandavas asked to Kauravas, ‘give us little land, we do not want anything, this our land too.’ Kaurava said, ‘Sui ki nokh tak ki zameen nahi denge. Aap ko ladai karni hain toh kar lijiye .’

Toh ladai toh farmers karenge. Woh tayari aap ki honi chahiye.

Now sir, let me conclude.

Sir, take the case of corporate sector. I have nothing against them. Take the case of a very beautiful club in the heart of Delhi, called Delhi Golf Club. I also go there to play golf. Now, that zamin belongs to the Government. Yeh Sarkari zamin hai. Toh humara ek dost keh rahe the, ki aap virodh kyun kar rahe hai is Bill ka? Toh humne dost ko kaha, yeh to sarkari zamin hai, toh kal uth kar agar sarkar kehti hai, ki is Delhi Golf Club main hum ek AIIMS ka building banana chahte hai, aur golf ko bandh karna chahte hai, tab dekhiye maza kya hota hai. Just as a test case, aap le lijiye, ki aap yeh kar sakegi ki nehi? Yadi aap woh kar sakte hai, toh hum bhi kahenge ki humari bhi manzuri hai.

Aakher mein hum yeh kehte hai ki, aap zara meherbani karke ek sher suniye. Sir, yeh kaya hota hai na, hum jab idhar a jata hai, toh hum khud ko bhagavan samaj lete hai, khuda samajhte hai,ishwar samaj lete hai. Hum khuda hai, hum sab ka kitab likhte hai (hum law banate hai), tum kaun ho (Opposition ko aap kahenge) ki humse pucho ki hum aapna hisab kaise likhte hai?
Bahut bahut shukriya, Sir. Aur aap ko hum yeh kahenga, maherbani kar ke, please send this Bill to the Standing Committee. This is in the interest of the farmers and this is in the interest of the country. And I will not be wrong, if I say that is in your own interest.

Please send this Bill to the Standing Committee.

Kalyan Banerjee speaks on Land Acquisition, Rehabilitation, Resettlement (Amendment) Bill, 2015 | Transcript

Full transcript:

Sir, today we are debating the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill 2015.

Sir, at the outset, I on behalf of my party, through you we would like to inform that  we are opposing the Bill completely.  We opposed it on a point when in 2013 the Bill came that for the private enterprises, private industrialists 80% consent for purchase and 20% acquisition. That time also we opposed it, today also we are 100% opposing.

Sir, I am making it very clear to all of my friends here, please all of you from the core of your heart oppose the Bill for safeguarding the interest of the farmers of the country.

Sir, I will quote Rabindranath Tagore, “Jodi tor dak shune keu na ashe, ekla cholo re.”  In case, I do not get anyone with me, I will walk alone to oppose this Bill.

Sir, we have background of this. In 2007 when nobody raised voice, on behalf of the farmers when land was acquired at Singur  for  the Tata Project. Mamata Banerjee went into a fast for 26 days at Dharmatala, Kolkata, for protecting the interest of the farmers.  We have history of long struggle towards the interest of protecting farmers’ rights.

One of my brothers Suvendu Adhikari is also here witness to how Mamatadi fought for Nandigram. Suvendu Adhikari, who belongs to that place also fought for it.  We have politically fought for taking away the land of Nandigram with the then the Government firing and later it became a case for investigation too. Sir, at various places we are struggling for farmers’ rights from 2007 and today we are also protesting against this Bill.

Our friends just quoted Gandhi Ji. Sir, I would just like to quote, from a letter written by Mahatma Gandhi to Madanlal Gandhi on August 21, 1910, “I, for one, am a farmer and I wish you all to become farmers or to continue as such, if you have already become farmers. My way of life has completely changed here. The whole day is spent here in digging the land and other manual works instead of writing and explaining things to people. I prefer this work and consider this alone to be my duty.”

Sir, in ‘Indian Opinion’ on December 3, 1990. Gandhi Ji wrote about the farmers. I would like to quote it Sir, “Of course the farmer is the father of the world, but it is his greatness that he is not aware of the fact. Those who devote themselves to good works of any worth are not aware of about their goodness. Just as we breathe every moment, but are not aware about the fact. The good people by their very nature are impelled to give expression to their goodness.  They are not conscious that they deserve any credit. They do not care to be honoured.”

Sir, today by this Amendment, this honour of the farmers, the credit of the farmers of this country are being taken away. The right which has been recognised by the parent Act concerned in 2013 has been taken away. Even though we objected for 80% purchase and 20% acquisition, but Chapter Two and Chapter Three, which came due to a number of discussions in the House, between the then Minister and other political parties, today that right has been taken away.

Sir, what is chapter Two and Chapter Three? I will come to the details of chapter Three later on. In one sentence, Chapter Two speaks about the determination of social impact and the utility of the public purposes, which recognises the right of the farmers. Sir, the right is being taken away by this Bill.

Chapter Three is provision to safety and food security. This Chapter 3A is being taken away. So far this food security is concerned; we are opposed to any compromises. We are opposing to this by tooth and nail.

Sir, this Bill is in respect of provisions of Chapter Two and Chapter Three not applicable to certain projects. Sir, why should they not be applicable? Sir, it has been given that in case of defence infrastructure, affordable housing, industrial corridor and social infrastructure project including the projects under public-private partnership, where the ownership of the land will continue to vest with the Government.

By this process, the right of hearing of the farmer is being taken away. Earlier it was Article 13 (1A) of the Constitution. It has been deleted. Now Article 300A of the Constitution has come. This is a right of a property. Land is also a right of a property of a person. That right of property of a person is being taken away, without any hearing, without anything. How can I think about this? How can I reconcile the right of a farmer, a right of a land, a right of a property is being taken away totally without offering any opportunity of hearing. Unfortunate!

Sir, were these projects not there before? Sir, if you speak about the urgency, Section 9 of the parent Act speaks where land is proposed to be acquired invoking the urgency provisions under Section 40, the appropriate Government may examine, undertaking the social assessment impact study. Therefore, there was a provision. If urgency is there and if you feel that it is urgent, the parent Act has given power under Section 9. Why in general are you taking away the right of a farmer, the right of a hearing, the social impact assessment? Hearing should happen in public, municipality, gram panchayat and everybody should be participating.

What is the second impact? If the view has come, it is to be seen if it has a utility for the public purpose or not. That is being taken away.

Thirdly, valuable right of the farmers is being taken away, Sir.

Sir, if you read the first Section Three of the provisions is being included which is, “provided also that the acquisition for the projects listed in Section 10 (A) purposes specified therein, shall be exempted from the provisions”. What are you taking away? You are taking away special provisions to the Scheduled Casts and Scheduled Tribes. In the Scheduled Cast rank and Scheduled Tribe rank, in the parent Act, it has been given that acquisition should not be done in a routine manner. Unless, it is a rarest of rare exceptional case, you should not touch lands of Scheduled Casts or Scheduled Tribes.

By this Bill, itself; the Government is taking away the rights of the Scheduled Casts or Scheduled Tribes in case of their concerned land. It is not the case of the rarest of rare, it is the case of a general nature in character.

What was the object, Sir? Kindly see Section IV. It said, carry out a social assessment study in consultation with them. I referred the names already. In consultation with the names, it has to be given. Total social impact assessment, public hearing for social impact assessment, publication of social impact assessment, everything has been taken away.  There was an important provision in the Statute which is being tried to be diluted with this concerned Bill. That the expert group constituted on the sub-section I, is of the opinion that the project does not serve any public purpose, the social cost or adverse social impact of the project outway the potential benefits, this provision is being taken away. Ultimately, we have seen a number of cases where the acquisition has been undertaken but ultimately, acquisition has not been finalised. Farmers have not got back the land concerned. Once the acquisition has started, compensation has been paid; farmers are not getting back lands even if projects are being failed. Therefore, if this social impact study is not done, can you determine whether it is for public purpose or not?

With great respect to any Ministers, administrative officers sitting in the air-conditioned chambers, no one can understand what the public purpose is there. Public purpose has to be understood going into the field itself, whether the land really serves any public purpose at all or not.

Very importantly for which we have been fighting for long, regarding the food security, our leader repeatedly said, wherever multi-crop land is there, it cannot be taken. We faced this situation at Singur. Singur was a multi-crop land, Nandigram was a multi-crop land. One fine morning, one industrialist comes to Kolkata, wants to stay near Kolkata, he chooses a piece of multi-crop land and that multi-crop land is given to him for the purpose of industry. Why should he get a multi-crop land?  Why should he get it? The Section 10 has been diluted in this concerned Bill. Therefore Sir, this is totally nullifying.

Sir, Section X, sub-Section III, a very important right has been given to the farmers – wherever multi-crop land is acquired under sub-Section II, an equivalent area of cultivable wasteland shall be developed for agriculture purpose and amount equivalent to the land acquired shall be deposited.  Under the scheme of the parent Act concerned, wherever the land of multi-crop is there, if you take away you have to make an alternative land for the purpose of the farmers along with the all compensation. If this provision is also being taken away, then you have to lose everything. In this process, every right under Chapter Two and 3A, every right of the farmer is being taken away by this Bill. We are opposing this Bill.

Sir, through you I want to say that our Leader right from 2009, repeated tried and written note was given to the Government how a social system has to be introduced.  How the rights of the farmers, even in a case of compulsory acquisition, under sovereign function, how the government should do it. That time the Government sat with our Chief Minister and had discussed the matter at length. Almost all the suggestion of Chapter Two and Chapter Three is concerned, the then Minister accepted it. Here it was discussed and Bhartiya Janta Party then had supported the same.

To the Nation, I want to communicate through you Sir, Mamata Banerjee went on fast for 26 days, that time today’s Minister Rajnath Singh Ji for whom we are having great respect, he went and met her. He was with Didi that time spending nearly three to four hours. On that day, he spoke about the right of the farmers, so I do not understand today why Rajnath Ji is supporting this Bill. What he spoke in 2007 at Kolkata that was a reflection in 2013 Bill. Why the right is being taken away. What is the spirit?

I have great respect for Rajnath Ji. By the process, I want to make a humble submission to Rajnath Ji that you stood with us in 2007 for upholding the rights of the farmers. Today, the time has come for you to stand for the right of the farmers and give the right of natural justice, nothing more. The social impact system has two purposes, one, if it is very relevant for the public purpose then the fair compensation can be determined. For the purpose of determination of the fair compensation, Chapter II and Chapter III are needed. You are taking the right of fair compensation; you will give whatever the market value is given, by Chapter II and Chapter III. The basic formula of determination of compensation that is being fixed is being taken away.  I am opposing this Bill. Sir, it is really important that by this Bill itself, the basic structure of Chapter II and Chapter III is being changed. This Amendment is nothing; they are just nullifying the object, the reasons and the basic structure of Chapter II and Chapter III of the current Act. I understand that you have love for the corporate; I understand that you have to do only for the corporate. You are a Government for the corporate; by the corporate; of the purposes of the corporate. We can understand that part. But don’t do this.

I am a small man, you are such a tall man, you are a stalwart, I can appeal to you, Sir.  If I am right you will support the Bill. You also said that this Bill should be there. Why are you diluting it, Sir? Since you have raised this issue Sir, I have an appeal to you on that day the stand you had taken, take the same stand today also.  That is my appeal to you Sir, nothing more than that.

Right of farmers cannot be nullified at all.  Sir, I will finish with just one observation – an opinion of Gandhiji that was published in Hindustan Standard, on 6 December 1944, I quote, ‘”After all, this industrialisation of large scale production are only of comparatively recent growth. We do not know how far it has contributed to the development of our happiness but we know this much that it has brought in his wake the recent world laws. The second world war is still not over and even if it comes to an end we are hearing of a third world war. Our country was never so unhappy and miserable as it is at present. City people may be getting big profits and good wages, but all that has been possible by sucking the blood of villagers. We do not want to collect Lakhs and Crores, we do not want to always depend on money for our work. If we are prepared to sacrifice our lives for the cause, money is nothing. We must have faith and we must be true to ourselves.

Sir, this Bill is an attempt to suck blood out of the farmers of our country. Sir, the Government is having a social responsibility towards the country. The Government is not for purpose of making profit only.  The Government has to think for the people at large.  The Government has to think for the poor people first.  The Government has to give the priority to the farmers first, who are the backbone of our country.

With this Sir, I oppose this Bill 100%. All my friends and members who are present here, from your core of heart kindly oppose the Bill. I conclude in line with Mr Scindia, when tomorrow this Bill will come for voting, everyone please oppose this Bill. Tell the Nation this Government is Government for the corporate. This Government is anti poor government. This Government is anti farmer government.  This Government will sell the country to the industrialists, let us oppose this Bill.

Saugata Roy’s intervention in Lok Sabha during the introduction of Land Acquisition Bill | Transcript

Sir,

Under rule 73/1, I oppose the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Amendment Bill, 2015. This is the most anti-farmer, anti-poor legislation possible. In one stroke they added Part 3(A); in which for five different types of project, they have taken away the social impact assessment requirement and also the public purpose part. Chapter 3 which relates to food security is also done away with.

These bills if brought in will be a death bed for farmers. This will be a great help to corporates who want to grab the lands of the poor farmers. We shall oppose this Bill with all the force. There is an agitation outside in Ramleela Maidan. Throughout the country people are agitating. Even we were protesting outside the parliament today.

Thank you.

Trinamool consistently opposed draconian Land Bill: Derek

Statement by Derek O’Brien, National Spokesperson and Chief Whip in Rajya Sabha:

We are glad that many parties are now coming around to oppose the Land Ordinance.

Trinamool has been consistent. We strongly opposed even the UPA 2 Land Bill and called for voting in RS. This one too is draconian.

Land Ordinance

Trinamool protests against Land Ordinance

Continuing its protests against the ordinance to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Trinamool Congress on Wednesday burnt symbolic copies of the ordinance in Kolkata.

The protests comes a day after Chief Minister and party chairperson Mamata Banerjee described the ordinance as a ‘black law’ and said that she will not implement the law in West Bengal.

The protests, which were held in the Esplanade area of the city, was led by senior Trinamool leader and chief whip in the West Bengal Assembly Sovandeb Chattopadhyay.

Stating that the ordinance was against the interests of farmers, Mr Chattopadhyay dubbed the ordinance as “draconian and undemocratic.”

He said that by resorting to an ordinance, the Centre not only “bypassed Parliament, but also did not hold any discussions with Chief Ministers.”

“Our Chief Minister Mamata Banerjee held a 26-day long fast against forcible land acquisition at Singur in Hooghly district,” Mr. Chattopadhyay said, adding that no one can forcibly occupy the land of farmers from the State.

“Mamata Banerjee cannot disassociate herself from her sentiments regarding the issue (of forcible land acquisition) and hence she declared that she would not allow the Centre to implement the ordinance in West Bengal,” he told media persons.

Trinamool to symbolically burn Land Ordinance: MB

Trinamool Chairperson Ms Mamata Banerjee said that the party will protest against Center’s Land Acquisition Ordinance. The Central Govt. has forcefully brought this ordinance on land acquisition, she said. We will fight against the unjust ordinance on land acquisition, she said. She was speaking at a workers’ meeting in Kharagpur.

The Trinamool Chairperson instructed the workers that the party will protest against this ‘black’ Ordinance by burning symbolic copies of the Ordinance.

Background

The Central Government had just passed an ordinance making amendments to the Land Acquisition Act, 2013 as passed by UPA. The BJP Government has exempted 80-20% consent for land acquisition for following cases: Rural infrastructure, electrification, affordable housing for poor, Defence, industrial corridor, PPP projects where ownership of land remains with govt. Higher compensation for landlosers to continue.

Trinamool Congress’s stand on land acquisition is clear and the party is opposed to forceful acquisition from the poor farmers. But if acquisition of land is necessary by government organisations, it should be through discussion and sufficient compensation should be given to the farmers.

Trinamool Congress had fought against forceful land acquisition in historic people’s movements in Singur and Nandigram.

Transcript of the speech of the Trinamool Chairperson at the Vidyasagar Industrial Park at Rupnarayanpur in Kharagpur:

  • There had been repeated disturbances in the state – Belpahari, Jamboni, Chamkaitala, now there is peace.
  • The culprits of Netai were brought to book by state police, not CBI.
  • What has the CBI done in the Nadigram case?
  • Some medias are now working for the BJP in the state.
  • We will not take any steps against any media which are spreading false news, people will decide their fate.
  • I am the servant of the people.
  • There is nothing called ‘I’, there is ‘we’.
  • We must defeat money power and media power. Man power is the greatest power.
  • The Central Government is taking away all our money.
  • The Central Govt. has forcefully brought an ordinance on land acquisition.
  • The country is going through a dangerous phase due to the BJP Govt.
  • We will fight against the unjust ordinance on land acquisition.
  • We will protest against this ‘black’ ordinance by burning symbolic copies.
  • The center is planning to stop ‘100 Days work’, trying to sell the country by bringing in FDI in insurance, defence.
  • Increase your strength at local level, speak with people and give time to people.
  • Remember that the party comes first, before personal interests, strengthen the party.
  • If the party is not there, the individual is non-existent.
  • The Left parties ran a reign of terror, when we came in power, we sought for change, not revenge.
  • I will not accept and anti-party activity.
  • The Seba Dal wing will be renamed Joy Hind Bahini, which will be beside the people in every block, in every cause and help
  • On 23rd January the Jai Hind Bahini will observe Netaji’s Birth Anniversary.
  • Our tribal community brothers and sisters were killed in Assam, we strongly protest regarding the incident.
  • Medinipur Purba and Paschim are places where revolution started during independence movement.
  • Fight against CPM-BJP, money-power, media-power.