Land Acquisition (Companies) Rules, 1963
4. Appropriate
Government to be satisfied with regard to certain matters before initiating
acquisition proceedings.
1. Whenever a company
makes an application to the appropriate Government for acquisition of any land,
that Government shall direct the Collector to submit a report to it on the
following matters, namely :—
i.
that
the company has made its best endeavour to find out lands in the locality
suitable for the purpose of the acquisition;
ii.
that
the company has made all reasonable efforts to get such lands by negotiation
with the person interested therein on payment of reasonable price and such
efforts have failed;
iii.
that
the land proposed to be acquired is suitable for the purpose;
iv.
that
the area of land proposed to be acquired is not excessive;
v.
that
the company is in a position to utilise the land expeditiously; and
vi.
where
the land proposed to be acquired is good agricultural land, that no alternative
suitable site can be found so as to avoid acquisition of that land.
1.
2.
The
Collector shall, after giving the company a reasonable opportunity, to make any
representation in this behalf, hold an enquiry into the matters referred to in
sub-rule (1) and while holding such enquiry he shall :—
i.
in
any case where the land proposed to be acquired is agricultural land, consult
the Senior Agricultural Officer of the district whether or not such land is
good agricultural land;
ii.
determine,
having regard to the provisions of sections 23 and 24 of the Act, the
approximate amount of compensation likely to be payable in respect of the land,
which, in the opinion of the Collector, should be acquired for the company; and
iii.
ascertain
whether the company offered a reasonable price (not being less than the
compensation so determined), to the persons interested in the land proposed to
be acquired.
Explanation .— For the purpose of
this rule “good agricultural land” means any land which, considering the level
of agricultural production and the crop pattern of the area in which it is
situated, is of average or above average productivity and includes a garden or
grove land.
1.
2.
3.
As
soon as may be after holding the enquiry under sub-rule (2), the Collector
shall submit a report to the appropriate Government and a copy of the same be
forwarded by that Government to the Committee.
4.
No
declaration shall be made by the appropriate Government under section 6 of the
Act unless—
i.
the
appropriate Government has consulted the Committee and has considered the
report submitted under this rule and the report, if any, submitted under
section 5A of the Act; and
ii.
the
agreement under section 41 of the Act has been executed by the company.
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