Changes in Land Reforms Act to approve land purchased by trusts
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03/09/2008
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Hindu (New Delhi)
It will help give approval with retrospective effect: Karunanidhi
CHENNAI: The decision of the Cabinet to make changes in the Land Reforms Act has been taken to enable the government to give approval, with retrospective effect and ex-post facto permission, to charitable trusts for purchase of land to establish educational institutions and hospitals, according to Chief Minister M. Karunanidhi.
Giving the background of the decision, Mr Karunanidhi, in a statement on Tuesday, said that after the 1987 amendment to the Act by which section 37 (B) was inserted, the government had been giving permission to those charitable trusts for holding or acquiring farm lands by way of purchase. In November 2002, the Madras High Court held that under section 37 (B), the government could not give approvals with retrospective effect and ex-post facto permission. In the absence of changes in the law, applications seeking approval with retrospective effect had to be rejected. This would lead to the closure of hundreds of schools and colleges, he said, adding that the validity of approvals already given by the government with retrospective effect would also be questioned. A similar position was applicable to approvals given under section 37 (A) [which was added in 1972] to industrial and commercial establishments for holding or purchasing farm lands in excess of the ceiling, he said, responding to doubts expressed by Pattali Makkal Katchi founder S. Ramadoss on the Cabinet decisions.
Under the 1987 amendment, public trusts established before March 1, 1972 had to apply to the government in the prescribed format for holding or purchasing land in excess of the ceiling. As there was a ban on trusts buying farm lands after March 1, 1972, the amendment allowed the institutions to hold or purchase farm lands.
As for the government