What's the procedure of accession of land by companies? | LekiPedia
What's the procedure of accession of land by companies? | LekiPedia
preface
A company is an association of a number of individualities formed for some common business. utmost of the companies are incorporated under the companies ’ constitution 1984. According to the land accession act 1984 a company is entitled to acquire the land for public purpose. No company can acquire the land if there isn't public purpose.
Applicable vittles
Section 38,, and 43 of the land accession act 1984 deals with accession of land by company.
3. description of Company
A company is an incorporated association of persons which is formed to run the marketable business of the company.
4. description of Public purpose
Public purpose is a legal term which is used in land accession act 1984, where private property is acquired for the salutary use of public at large after giving the compensation to the proprietor of that property by companies or government.
5. Base of accession
operation of private property for public purpose is grounded on the following Latin sententia “ Salus Populi Supreme Lex ”
This means that benefits of the public are superior to private benefits.
6. What are public purposes
Following are the public purpose. Details are as under.
1. operation of private property by company for public library
2. operation of private property by company for educational institute
3. operation of private property by company for artificial area
4. operation of private property by company for vill request
5. operation of private property by company for domestic house for artificial labour
6. operation of private property by company for agreement of emigrants
7. operation of private property by company for casing scheme
8. operation of private property by company for construction of god owns for storehouse of food
9. operation of private property by company for recuperation of deportees
10. operation of private property by company for roads and railroads
11. operation of private property by company for accommodation of government retainers
Essential of procedure of accession of land for companies
Following are the rudiments of procedure of accession of land for companies.
1. Notice
The notice shall be issued for the accession of the land by the collector to the board of profit to intimate about the area and confines to be acquired.
2. dimension of land
The needed land for accession should be measured by the any officer of the company before accession.
3. Mark out of land
The needed land for accession should be marked out by any officer of the company before accession.
4. Nature of land
The nature of land should be waste whose accession of possession is being made by company for the purpose of public; it shouldn't be a domestic land or cultivable land.
5. Nature of accession
The nature of accession of the land should be declared by the officer of a company, whether it would be endless or temporary accession.
6. Offer of compensation
There should be an offer of compensation against the accession of the possession of the land by the officer of the company.
7. Assessment of compensation
Before the accession of the possession of the land the compensation should be assessed by the officer of the company which will be awarding to the proprietor of the land.
8. Public purpose
The accession of the possession of the land should be for the public purpose or for any company.
9. concurrence of parochial government
The concurrence of the parochial government is necessary to the accession of the land by the company.
Prosecution of agreement
In case where the government is satisfied, an agreement shall be made by the government with the company. Following are the terms and conditions of that agreement.
1. The company will pay the payment of the acquired land to the government
2. Time period will be mentioned in the agreement for which land is being acquired by the company
3. Time period shall be mentioned in the agreement in which the construction will be made
4. Terms and conditions shall be written in agreement upon which construction is being made
5. Time of completion shall be written in agreement
Publication of agreement
After prosecution of an agreement, the parochial government shall published this agreement in the sanctioned review.
Conclusion
To conclude I can say that under the land accession act 1984, any company is entitled to acquire the private land for the public purpose in general, any officer of the company will visit the land, measure the area of land to be acquired, and access the quantum of compensation and shoot a report to the parochial government about his company’s intention, if the government has accepted the report, in this case company can acquire the land for the use of public purpose but actuality of public purpose is demanded then.
