Who Decides What?

Hello world ,
In the present situation, NaMo and BJP are today’s Shurpankha with nose and ears removed by the inevitable Vishkanya in the form of PDP represented by Mufti Bap-Beti.

NaMo and BJP are heading towards another crisis .Just to please real masters and beneficiaries at the World Bank, the IMF, FICCI, ASSOCHAM and a select coterie of industrialists,land grabbers, money launderers and politicians NaMo is to embark on his main agenda of making The State a Land Grabber.

Let us see what unfolds in the parliament .

i express every Indian’s worries. Every Indian citizen has a natural comparision of the rule under NaMo, Nehru-Gandhi Dynasty and the British.

Everyone asks:

Who Decides What?
NaMo’s Govt. of India and BJP are hell bent to pass the land ordinance before 20 March 2015, the day on which parliament adjourns. Despite the impugned ordinance repelling cumbersome facets of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 the country is under rule of different laws for land acquisition.Every ministry of central government and every state government has own land laws, rules and regulations. The land acquisition officer is common for all. He/she is either the collector or the resident additional/assistant collector in the area. The majority of powers are vested in him/her. He/she is all too powerful person for all. Appeal and its judicial disposal is beyond any poor citizen’s reach.
There are all chances of NaMo’s backdoor settlement with the opposition with overt and covert help of all the beneficiaries of the ordinance. The opposition would stage protest walk out thus rendering BJP to pass the Ordinance bill by voice vote.
Despite the outcome in the form of adverse situation vis a vis the land ordinance the following queries are to be addressed by the government as promised in the present session of Lok Sabha.
1. What is the legal, constitutional status of all executive steps undertaken in the name of the ordinance?
2. Are such steps irrevocable sine die?
3.What is the legal, constitutional status of all notifications and executive steps leading to land acquisition, in toto or in part, on paper by giving mutation effect in revenue records undertaken without any public or in camera hearing and without payment of any compensation, either in cash or kind, in the name of
A. The Land Acquisition Act 1894.Sect.04
B. The Railway Act, 1989 (24 of 1989) Sub section 1 of Sect.20 A
Special Railway Project: Western Dedicated Freight Corridor
C. The National Highway Act 1956, (48 of 1956): Sub section .3 of Section 3 G.
D. The P. & M P Act 1962.
E.Indian Mines and Minerals (Regulation and development) Act 1957,
The individual act has its inbuilt system for determination of loss and compensation thereof.
4. Which act overrides these acts?
5. Is there any standard formula for determining the loss to owners of land in question?
6. How the loss of trees and infrastructure would be ascertained?
7. Who overrides whom? The judiciary or the revenue department? Is the same ratio or principle derived of judgments of various high courts and Supreme Court not binding on the revenue department and revenue courts? Are revenue officers and revenue courts, a system above the system? Is this not the de facto reality when revenue officers are in the dual but conflicting roles of special land acquisition officer and appeal authority at a time?
8. How and in which manner the value of the land acquired be paid? What is the Prevalent Market Value? Does it the mean / average of Juntry in the area to be considered for the payment of stamp duty and registration fees? More often it is much less than the actual transactions done, varying in proportion of 1 to 100 in a city like Surat or it can be 1 to 1000 as well in capital region cities. The mean of general all India ratios is roughly 30 to 70. i mean thereby that 30 % of amount of RTV-real transaction value is to be documented and to be paid through /by cheque or demand draft so as to be reflected in Income Tax records of the seller and buyer. 70% of RTV is to be paid in cash hence not to be shown in any book .That is the number 02 money, Black Money, Ill Gotten Money.
9. What is the Capital Gain Tax on such a payment? Will the government exempt all land owners fully vis a vis CGT? Will the government lower the stamp duty and registration fees to encourage documentation of all sale deeds to the maximum possible amount of RTV ? Will the government continue the present tax and stamp duty structure to perpetuate the reign of Black Money thus adding to the Himalaya of Black Money ?
10. What is the meaning of possession of the land or the property? Is encroachment or grabbing of government or public land/property ill legal and that of private property legal, subject to open interpretation of police, revenue officers and courts? Why this discrepancy of law highly prejudicial and unjustifiable to citizens at large? What is the meaning of Record of Rights when the bearer of such title/s is bereft of the benefit of actual possession or physical possession in the event/s of encroachment/s by unscrupulous and unauthorised persons? Why the government and the law discriminate between The State and The Citizen in this regard? Is this the ideal democratic rule of law?
11. Is the government and thereby the state the stage actor cum manager for real players who are the main beneficiaries of the entire system?

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