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| Transfer of Property (Amendment) Bill, 2012- a step to legalise illegal | | | Bashir Assad
Jammu, Mar 1: The Transfer of Property (Amendment) Bill, 2012 tabled by the revenue minister Raman Bhala in the lower house today, is likely to generate a debate on its constitutionality as the legal experts and other stake holders have certain legitimate concerns and hold the view that Transfer of Land to Chenab Valley Power Projects (Private) Limited for construction, commissioning, maintenance and running of three Hydroelectric Projects viz. Pakaldul, Kiru and Kawar, on lease basis is in contravention to the laws governing the concerned field.
Minister for Revenue Raman Bhala today tabled the proposed amendment Bill in the lower house seeking lease of immovable property in favour of the Jammu and Kashmir Chenab Valley Power Projects (Private) Limited for construction, commissioning, maintenance and running of the aforementioned three power projects with an aggregate capacity of 2010 MW on river Chenab basin under the implementation of the joint venture company of J&K Power Development Corporation, (PDC), National Hydroelectric Power Corporation (NHPC) and Power Trading Corporation (PTC) which is developing the projects on Built, Operate, Own and Maintain ( BOOM) basis.
Legal experts and civil society members hold view that the proposed legislation, if adopted, will harm the interest of the state citing two reasons.
"The move to amend the Transfer of Property Act in order to facilitate NHPC to get lease hold rights for 90 years has vindicated the civil society stands that the Joint venture is against the very interests of the state subjects of J&K. The move is also in gross contravention to J&K state Hydroelectric Projects Development Policy (2 to 100MW) of 2011 and policy for Development of Micr/mini (up to 2 MW) Hydro Power Projects 2011. Whereas the policy for development of micro/mini power projects envisages for allotment of land to the promoter on lease for period of 40 years, the J&K Hydroelectric Power Development Policy offers land for the concession period of 35 years from the scheduled commissioning date" Shakil Qalandar, a leading Industrialist told Early Times.
Qalander said, "whereas the policy for mini projects envisages for direct allotment of land on lease to the promoter, it is only through PDC under Hydroelectric Projects Development Policy".
Both the policies, he said, make the transfer of projects to the state imperative although after paying a terminal value to be decided at the time of allotment of projects.
He questioned the wisdom of the state government to facilitate NHPC for a continued control and earning from the projects for an initial period of 90 years.
On Joint Venture Company (JVC), Shakil Qalander questions the very utility of Joint Venture (JVC) saying that JVC in itself is detrimental to the interests of the subjects of the state. The government should first make public the provisions of the JVC "we have been holding the view that JVC is not in the interest of the state because of the fact that only 12% power is being given to the state and 1% for local development out of the share of 51% of NHPC and PTC, again something we have been agitating in regard to Salal, Uri and Dul Hasti power projects" Qalander told Early Times adding further that the government claims that the state will get 49% only when it contributes its equity share towards the company.
"Out of 2010 MW of power we are getting 49% as equity share as were are investing in the projects by various means including the cost of the land (immovable property) on which the projects are being executed but we are getting actually only 12%+ 1% as the royalty and the rest is going into the kitty of NHPC" Qalander said adding that the Joint Venture is confusing. The policy, Qalander said, set for construction of micro power projects in the state is more state centric than what the state is getting in joint venture. "In micro Power projects were the projects cost is too exorbitant than in the mega power projects, the state is entitled to 16% power generation" Qalander said.
Secondly, he pointed out, that leasing out land to the Chenab Valley Power Projects (Private) Limited was totally unacceptable. "Let them lease out the land to State Power Development Corporation which could at least protect the rights of the state under the laws governing the transfer of immovable property in the state" Qalander said.
Senior lawyer and constitutional expert Riyaz Khawar opines, " By virtue of this amendment, the government is going to lease out the proposed land for 90 years to JVC, it will have far reaching consequences on State's autonomy, Constitution of Jammu and Kashmir and the Article 370 of Indian Constitution". Khawar further says, " legal proposition is that, what cannot be done directly cannot be done indirectly. The proposed amendment will further erode the federal structure of the country and indirectly violate the laws of the state concerning the field".
Khawar too suggests that the land in question can be leased out to PDC and in turn PDC can have an agreement with NHPC regarding the share of power without further leasing out the land to the company.
Meanwhile, opposition Peoples Democratic Party is studying the proposed amendment to the Transfer of Power Act samvat 1977. " This is an important bill having constitutional and legal ramifications, we will study it and party will accordingly try to move amendment to the bill, if required but only once the advice of constitutional experts' Nizamudin Bhat of PDP told Early Times.
However, the government defends its move this Bill which seeks leasing out of land to the JVC. " Since land is mostly the equity of state in the projects we are constructing under joint venture with NHPC and PTS and since we are the partners our interests are safe" Taj Mohiuddin, minister for PHE, Irrigation and Flood control told Early Times. |
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