Wednesday, April 8, 2015

PIL in SC challenges land acquisition ordinance

Four NGOs working for farmers on Thursday moved the Supreme Court challenging the constitutional validity of government's action to repromulgate the land acquisition ordinance. 

The PIL was filed by Delhi Grameen Samaj, Bharatiya Kisan Union, Grameen Sewa Samiti and another NGO alleging that repromulgation of the ordinance amounted to executive entering the impermissible domain of enacting legislation.

The NGOs told the court that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Ordinance was first promulgated in December last year. 

As a Parliament Session followed, the NDA government should have introduced a bill on the line of the ordinance to amend the land acquisition Act, 2013. 

Instead of following the constitutionally dictated procedure, the government decided not to introduce amendment to Land acquisition Act in Parliament when it was in session and immediately after the session repromulgated the ordinance, the PIL said. 

This amounted to government violating the constitutional procedures for ordinance promulgation rendering the executive decision unconstitutional.

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