PANAJI
The Goa Highways Law (Revival of Operation, Amendment and Validation) Bill, 2023 has been passed but yet again, without public consultation which has created confusion and raised doubts on the government’s intention about working for the welfare of the land losers.
Overrides Central Act?
“We already have The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013… The Goa government has tried to revive the Goa Highway Act 1974… My fear is that it (the current amendment) may not be viable because the State government cannot draft legislation that overrides the Central Act. This could be the major issue,” noted lawyer & political activist Radharao Gracias opined.
In its amendment, the State government claimed that after the enactment of the 2013 Act, the process of acquisition of land for roads became ‘extremely difficult’ and hence, the Bill seeks to revive the Goa Highways Act which was repealed upon commencement of the Central Act.
Gracias claimed that the legislation does not appear to be an amendment to the Central Act. “It looks to be a new Act to revive the 1974 Act. On this front, the law may fail…There is a complication and it may not stand the test of the law,” he said.
Govt's claim
The government, on the other hand, claimed that the process of acquisition and award is simplified and acquisition for the road could be done expeditiously under the present amendment. While the present bill provides for the acquisition of land for roads, it also provides payment of compensation to affected landowners under Central Act 30 of 2013.
Advocate Cleofato Coutinho, while reacting to the passing of the Bill, said there is no objection as long as the compensation amount is paid as per the 2013 Act.
