Govt plans n-Act change to tackle Jaitapur hurdle

  • 07/08/2011

  • Indian Express (New Delhi)

The Centre plans to amend the Atomic Energy Act to acquire land in and around the world’s biggest nuclear plant in the works at Jaitapur, where protests have stalled the land acquisition process. The proposed draft has a new Section 2, in Clause 19, that would allow the Centre to merely issue an order barring landowners from “use and enjoyment” of their land proximate to any nuclear research, production or disposal facility to ensure unhindered access. “If it appears to the Central government that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any prohibited area, in order that such land may be kept free from buildings and other obstructions, that government may do so by an order published in the official gazette,” says the draft of the proposed Bill. No dispute would arise on the notification as “the order so made shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions”, says the draft. Jaitapur, Holi, Hathkhamba, Madban, Mithagaon and several other villages, where land has been acquired for the proposed Jaitapur Nuclear Power Project (JNPP), have mango plantations which produce the famed Ratnagiri alphonsos. The draft says the landowners would be either compensated through a reasonable rent for the use period or handed a lump sum market value. In cases where an agreement on compensation cannot be reached, the government would appoint an arbitrator “with expert knowledge as to the nature of the rights affected” to determine the compensation. Even though Maharashtra completed land acquisition for the 10,000 MW JNPP in January 2010, only 33 out of the 2,335 villagers have accepted compensation cheques. The proposed amendment would make the acquisition a fait accompli for the farmers, with the legal option limited to challenging the compensation in the high court. The draft also provides the Central government the power to declare a prohibited area, where armed forces could be deployed to ensure security of the nuclear facilities and nuclear materials.