The National Assembly on Wednesday passed the Acquisition of Lands for Public Purposes (Amendment) Bill, which aims to benefit all citizens by ensuring timely compensation for acquired lands.
The legislation upholds the principle of ’eminent domain,’ allowing the government to acquire private property for public projects such as roads, schools, and hospitals, while compensating property owners.
The amendment introduces the word “prompt” before “compensation” in Section 7, enabling faster access to payments for affected citizens.
Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, championed the bill, underscoring its importance for national development and fairness.
“We are saying that when the state takes the land, the current law says you’re entitled to payment. We are adding the word prompt…so now you are entitled to prompt payment…and prompt means immediate,” he explained.
Further, the AG explained that the amendment seeks to place in the hands of affected property owners 80 per cent of the amount of compensation being offered by the state, until there is a final determination made.
This replaces an archaic practice of giving these owners a bond document until an agreement is met.
“The current law allows the Minister of Public Works to issue to the property owner an advance payment, but not in cash, in the form of a bond up to eight per cent for that person to hold…We are changing that to remove a bond and to allow the minister to pay to the property owner eight per cent of what the government is offering as the purchase price…How can that be bad?” AG Nandlall posited.
Leading up to Wednesday’s debate, Minister Nandlall explained that the government met with members of the opposition to address their concerns with the bill. That meeting saw changes being made to the proposed amendments, which included suggestions from the opposite side of the house.
However, the members of the opposition during the 90th sitting of the National Assembly took an alternative approach and did not offer their unreserved support to the bill.
Also lending his support to the bill, Minister of Public Works, Bishop Juan Edghill, who has certain responsibilities under the Principal Act, slammed the opposition for its push to delay the bill by burying it in a special select committee.
“This controversy of acquisition of lands for public purposes becomes cumbersome when it is being weaponised for political purposes…You have people who are reasonable, and you have lawyers with political interests who would not like to see settlements and would keep dragging and dragging…People’s lives must be considered before personal and partisan interests,” the minister highlighted.
Minister Edghill said the government made sure that people were treated with respect and dignity during the entire process, despite not always being met with that same respect in some circumstances.
“The state at no time, whilst seeking to advance public projects for the public good, disrespects people’s individual rights, their own peculiar circumstances, and we are always sensitive to the fact that ownership is something that people value,” the public works minister posited.
Minister of Housing and Water, Collin Croal, affirmed that the amendments are progressive and will secure people’s right to adequate compensation.
“I stand here, therefore, firm in the support of these amendments…The [bill] is a forward-thinking piece of legislation that ensures our land resources are managed effectively, equitably, and sustainably, and it aligns with our national vision of inclusive development, environmental stewardship and social justice,” he said.
The bill was passed and is expected to be assented to by the president soon.
