A Committee has been set up to examine appropriateness of procedures followed by the Department of Telecommunications in issuance of licences and allocation of spectrum during the period 2001-2009.  The Committee will be chaired by retired Judge of the Supreme Court, Justice (Retd.) Shri Shivraj V. Patil.  According to news reports the Committee is scheduled to submit its report by the first week of January 2011.  The Terms of Reference (TOR) of the Committee have been listed as: 1. To study the circumstances and developments in the Telecom sector that led to the formulation of the New Telecom Policy 1999 and subsequently, introduction of 4th Cellular Telecom Mobile Service (CMTS) licence in 2001. 2. To examine the internal (intra-departmental) procedures adopted by DoT during the period 2001-2009 for: a. Issue of telecom access service licences, and b. Allocation of spectrum to all telecom access services licencees during the above period. 3. To examine whether these procedures were in accordance with existing policies and directions of DoT/Government. 4. To examine whether these procedures were followed consistently and if not, identify specific instances of: a. Deviation from laid down procedures; b. Inappropriate application of laid down procedures; c. Violation of underlying principles of laid down procedures. 5. To examine whether the procedures adopted were fair and transparent and were in keeping with the principles of natural justice and if not, identify the specific instances of lack of fairness and transparency. 6. To identify the deficiencies, if any, in the procedures as formulated and identify the public officials responsible for such deficiencies. 7. To identify the shortcomings and lapses, if any, in the implementation of the laid down procedures and identify the public officials responsible for such lapses. 8. To suggest remedial measures to avoid in future: a. Deficiencies in formulation of procedures; and b. Lapses in implementation of laid-down procedures.

(Co-authored by Sana Gangwani and Pallavi Bedi) The Standing Committee Report on the Land Acquisition and R&R Bill, 2011 was tabled in the Lok Sabha on May 17, 2012. The major changes to the Bill recommended by the Committee include:

  • Land may not be acquired for use by private companies and PPPs.
  • The role of the local governments should be expanded and made more participatory in the acquisition and R&R process. The role of Gram Sabhas should not be limited to consultation, but their consent should be obtained at different stages.
  • The Clause giving wide discretion to the government in notifying any project as infrastructure project should be deleted.
  • Threshold for R&R provisions should be fixed by the states and not the central government since sale and purchase of land is a state subject in the Constitution (Item 18, State List).
  • There should be a restriction on the acquisition of agricultural land.  The limit on the acquisition of such land should be fixed by the state governments.

For a detailed comparison of the Bill with the recommendations of the Standing Committee see here.