The third sitting of the Seventh Goa Legislative Assembly will witness the passing of nine bills as the same figure on the list of business on the concluding day of the session. No studied response can be expected from legislators as the time provided is grossly inadequate since the bills were introduced in the assembly just three days prior to the end of the session. Even otherwise, the law-makers are indifferent to their core business. The question of any feedback from the interest-groups and other stakeholders or the general public does not arise. The government as always is in a hurry to complete the ritual. In addition, one more bill namely The Goa Town and Country Planning (Amendment) Bill, 2017 is also expected to be introduced, considered and baptized on one single day. It is not even listed on the business of the day. It is such dashing speed which reduces parliamentary democracy to ministerial dictatorship as the government takes for granted the numerical majority it enjoys and expects legislators to function as rubber stamps for bills brought before the consideration of the House.
The ten bills in all probability will become laws without due legislative diligence and public discourse. The three amongst these which are crucial and need to be debated are The Goa Town and Country Planning (Amendment) Bill, Goa Requisition and Acquisition of Property Bill and Goa Compensation to the Project Affected Persons and Vesting of Land in Government Bill. At least, the latter two should go through a proper scrutiny and people's participation. It was proper for the requisition of property bill to be referred to select committee for wider discussion as is rightly done.
TCP amendment
The amendments proposed to The Goa Town and Country Planning Act look innocuous. The entire exercise of current amendment is restricted to Section 3 of the Act which specifies appointment of the Chief Town Planner (CTP). The proposed amendment empowers the government to appoint three CTPs with exclusive functions of Planning, Land Use and Administration. There should be nothing unwelcome in such a change as it is better than concentration of all powers under the Act in one authority. In addition to promoting effectiveness and better service, it would also improve promotional opportunities for the officers as they do not have the opportunities of inter-departmental transfers and promotions like other government officials.
What is to be questioned is the haste to carry forward the amendment in a single day and with practically no notice. The TCP Act actually needs reforms and modifications in many other areas and the ministry should have proposed the full scheme together. Otherwise, it gives credence to the news that this amendment is selective to settle individual preferences and prejudices. The TCP minister has sounded about the innovative policy of Transfer of Development Rights (TDR) which is an incentive-based programme that allows landowners to sell development rights from their land to a developer who then uses these rights to increase density of development at another location. If this TDR formula has to win, what is paramount is public discourse, gaining people's confidence and transparency. Hence, undue rush to hoist the current amendment would bring the proposed TDR under the cloud of suspicion.
A new acquisition law
The Goa Requisition and Acquisition of Property Bill is seeking to empower the government for requisition and acquisition of property at a compensation mutually agreed or as decided by an arbitrator. The requisition is proposed to be for an initial period of 15 years with an option to either go ahead with acquisition or surrender the property back to the owners. It will certainly open a new box of disputes between owners, tenants and their families due to death, marriage etc at the time of release of requisitioned properties.
The intention of the government for bringing in this new law is not known to anyone. This bill of the Goa government is probably laying down another track to requisition property which bypasses the progressive Land Acquisition Act. It is alleged that the government is attempting to opt out of this legislation and deny the compensation to be paid under the current land acquisition Act to the land-losers. LARRA also lays down stringent procedures of notification and acquisition which are completely diluted under the proposed bill by the Goa government.
When the government hides more and desires to gallop through laws, there will definitely be a rich harvest of suspicion and ulterior motives. Are the above two bills to be read with the requirements of the Investment Promotion Board kept under wraps by the government? Is this a concomitant of nationalization of Goa's rivers and requisition of land in the neighborhood of river banks?
Again, a separate new law called The Goa Compensation to the Project Affected Persons and Vesting of Land in the Government is being bulldozed through the current session. This could be in keeping with the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 which envisages that the authority would entertain disputes in respect of land acquisition, compensation, rehabilitation and resettlement and such an officer would be appointed in consultation with the Chief Justice of the HC. However, the proposed bill restricts the authority only to compensation and there is no provision for any consultation in the appointment of the authority.
It is advisable to subject at least the bills which affect the rights and privileges of people to wider public debate after the same are introduced in the Assembly and before they are elevated to final statutes.
