For strategic purposes relating to naval, military, air force, and armed forces of the union, including central paramilitary forces or any work vital to national security or defence of. Land acquisition act an act to govern the acquisition of land for public purposes. Generally, the purpose is related to development projects conducted either by psus public sector units or the private sector. The provisions of the public lands acquisition miscellaneous provisions act 1976 shall not apply in respect of any land vested in, or taken over by, the governor or any local government pursuant to this act or the right of occupancy to which is revoked under the provisions of this act but shall continue to apply in respect of land. I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. The public body for whose purposes the land is being acquired, and every person interested in the land, is entitled to be heard, to produce. An act to amend the law for the acquisition of land for public purposes and. The land acquisition act of 1894 which was imposed in india since the time of british rule. The land acquisition act, 1894 is a law in india and pakistan that allows the government to acquire private land in those countries. Acquisition of land act 1967 an act to consolidate and amend the law relating to the acquisition of land for public works and other public purposes, and for other purposes part 1 preliminary 1 short title this act may be cited as the acquisition of land act 1967. Powers of commissioner of lands or other person authorised. The land acquisition act, 1894 further referred to as act, defines public purpose 2 as including. The president may, subject to the provisions of this act, acquire any land for any estate or term where such land is required for any public purpose.
Land administrator to obtain information on land use of scheduled land. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. Compulsory acquisition of land and compensation in. The land acquisition act cap 118 ministry of lands, housing and.
The compulsory acquisition of land is the process by which the government acquires from private landowners their land which is needed for any public purpose or for a purpose beneficial to the economic development of malaysia. Their objections were confined to the amount of compensation and matters connected thereto. Compulsory land acquisition in malaysia, compensation and. In this article the difference between public purpose and public interest in section 252 of the 1996 constitution is considered. Laws of guyana acquisition of lands not beneficially occupied 8 cap. Compulsory acquisition of land valuer general of new.
Determination of market value for land acquisition. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on account of such acquisition. Thus it is clear indication that the legislative intent is to give wide interpretation to public purpose. In this act, unless the context otherwise requires.
Land acquisition public purposes act chapter 184 revised edition 2000 showing the law as at 31st december, 2000 this is a revised edition of the law, prepared by the law revision commissioner under the authority of the law revision act, chapter 3 of the laws of belize, revised edition 1980 1990. Whereas il is expedient 10 amend the law for the acquisition ofland needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. After declaration, collector to take order for acquisition. Salient provisions of the 20 act definition of public purpose. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the. The meaning of public purpose in acquisition of land must be judged on the touchstone of this expanded view of partiii rights. I of1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. Government acquires land for immediate and declared use by private companies for public purpose. There is a provision in these laws for acquisition of land for the establishment of industry owned by the private sector as well. The term public purpose has been defined very capaciously, and the following types of projects would be included within its ambit. Land to be marked out and notice entered on register, etc. I where the minister decides under subsection 5 of section 4 that a particular land or servitude should be acquired under this act, he shall make a written declaration that such land or.
Certificate under section 116 of the land act 1948 for the issue of a record of. Crown land means land vested in her majesty which is not for the time being set aside for any public purpose or held by any. It is generally accepted that public purpose is a narrower category than public interest and that the distinction between public purpose and public interest does not make any. Land acquisition refers to the process where a government acquires land from land owners for any purpose. Section 21 of the act defines public purpose as the project which involves land acquisition for strategic purposes or national security and defence of the country. Declaration that land is required for a public purpose 9. This act may be cited as the land acquisition public purposes act. Declaration that land is required for a public purpose. Judicial interpretation of public purpose with respect to. Land acquisition public purposes 1st april, 1947 part i preliminary 1. Land acquisition act 1965 uganda legal information institute. Definition of public purpose 1 land shall be deemed to be required for a public purpose where it is a for exclusive government use, for general public.
Power to require and enforce the making of statements as to namcs and interests 10. The objective is to encourage agreements with property owners to minimize litigation and promote public confidence in federal and federally assisted land acquisition. The openended nature of our constitution needs a harmonious reconciliation between various competing principles and the overhanging shadows of socioeconomic reality in this country. The act unequivocally states that the government can acquire land for the private sector only for projects that are designed to serve a public purpose. He must direct the acquiring officer usually the ds accordingly. An act to amend the law for the acquisition of land. The evolution of the public purpose rule in compulsory acquisition. Law and politics land acquisition stands at the political faultline of.
The land owner is not a willing seller, therefore, compensation and the way in which compensation were payable, is to be fair and reasonable. An act to provide for the acquisition of land for public and certain other specified purposes, the assessment of compensation to be made on account of such. Extending land acquisition for public purpose to industrial development involves the denial of the right to property, life and livelihood. But the act of 1894 did not provide any opportunity to the landownerspersons having interest in land to raise objection against the acquisition of land. Hence the land acquisition bill 2007 seeks to amend the definition of public purpose to accommodate industrial purpose. An act to provide for the compulsory acquisition of lands for public purposes and in connection. Section 21 of the act defines the following as public purpose for land acquisition within india. An act to amend the law for acquisition of land for public purposes and for companies. Declaration that land is required for a public purpose 6 7. Introduction compulsory acquisition is the power of government to acquire private rights in land for a public purpose, without the willing consent of its owner or occupant. The supreme court has examined the meaning of public purpose visavis right to property of an individual as envisaged in our constitution. To acquire the land the authority must be of the opinion the owner will suffer hardship within the meaning of section 24 of the land acquisition just terms compensation act 1991.
Notification that particular land is needed for a public purpose or for a. Land acquisition act, 1894 1 of 1894 an act to amend the law for the acquisition of land for public purposes and for companies. The land acquisition act, 1894 prs legislative research. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies. An act relating to the acquisition of land by the commonwealth and certain authorities and dealings with land so acquired, and for other purposes. After declaration collector to take order for acquisition. The land acquisition act, 1984 the urban unit uspmu. Right to fair compensation and transparency in land.
Whereas il is expedient 10 amend the law for the acquisition of land needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. Land act 1948 no 64 as at 01 october 2019, public act. Declaration that particular land is required for a public purpose and publication thereof. Acquiring land under the land acquisition act a hand book. Part iicompulsory acquisition of land 4 land owned by a. There must be a decision by the minister that the land is suitable for acquisition. After declaration, collector 10 take order for acquisition 9 8.
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