Land Acquisition

Land Acquisition
Section 40(1)(a) of NLC clearly states that land is vested in the State Authority. This means that all
State land belongs to the State Authority. Article 13 of the FC however confers the right to property to
an individual. There are two fundamental requirements in compulsory acquiring a land, (i) private land
is taken for public purposes and (ii) just compensation must be paid if the said land is taken.
Purposes of Land Acquisition
Under section 3(1) of the LAA stipulates clearly the purpose of acquisition that can be made. Under
paragraph (a), it states that a land can be taken for public purposes. The word public purposes, is
however not defined in LAA. By referring to the case of Bajirao T Kote v State of Maharashtra, the
court held that such phrase has no specific definition. It must observe to see whether the purpose serves
the general interest of the community.
Furthermore, paragraph (b) of the same section recognizes if it is beneficial to the economic
development, in the opinion of the SA. Parliament has decided that SA is the best judge to determine
what amount to a purpose that is beneficial to economic development, which can be seen in Honan
Plantations Sdn Bhd v Kerajaan Negeri Johor & Ors. The SA too may acquire any land that is needed
for the purpose of mining or residential, agricultural, commercial, industrial or recreational purposes or
any combination of such purposes, as stated under paragraph (c) of the same section.

Acquisition proceedings are initiated with a pre-notification under section 4 of LAA. In Wan Munah