View Full Version : What is procedure adopted for acquisition of land for a company? (2001)(2002)

08-31-2012, 03:40 AM
1. Introduction:
Company is an association of persons united for a common purpose. under land acquisition act company is entitled for the acquisition of for public purpose. a company can not acquire a land if there is no involvement of public purpose.
2. Relevant provisions:
Sec. 38, 39, 40, 41, 42, 43A land acquisition act.
3. Definition of company:
Company means a company registered under the Indian companies act 1882 (VI of 1982), or under the (English) companies act 1862 to 1890, or incorporated Pakistan law or by royal charter or letter patent and include a society registered under kingdom or by Pakistan law or by royal charter of latter patent and include a society registered under the society registration act 1860 (XXI of 1860) and a registered society within the meaning of the co-operative society act, 1912 (II of 1912).
4. Definition of public purpose:
The expression public purpose include the provision of village sites in districts in which the provincial government shall have declared by notification in the official gazette that it is customary for the government to make such provisions.
What are public purposes:
(i) Public liability.
(ii) Educational institution.
(iii) Industrial area.
(iv) Village market.
(v)Residential house of industrial labour.
(vi) Settlement of immigrants.
(vii) Housing scheme.
(viii) Construction of God owns for storage of food.
(ix) Construction of staff quarters.
(x) Re-habilitation of refugees.
(xi) Scheme for land reforms.
(xii) Roads and railway tracks.
(xiii) Accommodation for government servants.
5. Basis:
"Salus populi supreme lex"
It means the interests of public are supreme and private interest are subordinate to the interest of state.
6. Procedure of acquisition of land for companies:
(i) Company to apply to the collector:
Company desiring to acquiring land shall apply to the collector for acquiring land.
(ii) Issuance of notification:
Notification shall be issued in which name of the revenue estate, detail of dimension and boundaries of squares or restate, detail of dimension and boundaries of squares or rectangles as well as approximate area to be acquired shall be mentioned.
(iii) Company may be authorized to enter and survey:
Any officer of the company may be authorized to enter and survey the land so acquired.
(iv) Previous consent of provincial Govt. and execution agreement necessary:
On the report of the collector or after conducting inquiry consent shall be given by provincial Govt.
7. Execution of agreement:
If provincial govt. is satisfied, it shall execute an agreement with the company.
Particulars of agreement:
(i) The payment to the provincial govt, of the cost of the acquisition.
(ii) The transfer of such payment of the land to the company.
(iii) The term on which land shall be held by the company.
(iv) If the land is acquired for houses or provision of amentias connected therewith.
(a) The time which construction is to be made.
(b) Conditions under which construction is to be made.
(c) Manners in which dwelling houses.
(v) If any land is acquired for construction of public interest.
(a) Time of completion.
(b) Conditions of construction.
(c) Time within which public shall use the work.
(d) Terms on which the public shall be entitled to use the work.
8. Restriction on transfer:
No company which has acquired land shall be entitled to transfer the said land or any part there of by sale, mortgage, gift, lease or otherwise.
Previous sanction of provincial govt, company can transfer the land.
9. Conclusion:
To conclude I can say that under land acquisition act company is entitled to acquire land for public purposes. the provincial Govt. is empowered to decide about the public purpose. the exercise of the power of acquisition has been limited to purposes.