Law:

Section:

(a) Land Acquisition Act (1 of 1894)--- ----Ss.38, 38-A, 39, 40, 4, 17(4) & 3(e)(f)--- Acquisition of land for Company---Public purpose---Acquisition of land for a company may not necessarily be for "public purpose" as defined and contemplated by law with the same strictness as the said expression was made applicable in other cases. (b) Land Acquisition Act (I of 1894)---- ----Ss.38, 38-A, 39, 40, 4 & 3(e)---Cooperative Societies Act (II of 1912), S. 18----Acquisition of land for cooperative society--- "Company"-- Definition---Registered society within the meaning of Cooperative Societies Act, 1912 having been included in the definition of a Company in S.3(e) of Land Acquisition Act, 1894 for the purpose of the said Act, such Society would be deemed to be a company. Bare reading of definition of "Company" as given in section 3(e), Land Acquisition Act, 1894 makes it clear that a registered Society within the meaning of Cooperative Societies Act, 1912 has also been included in the definition of a "Company" for the purpose of this Act. There is no denial of the fact that a Cooperative Society is a Society registered under the Co­operative Societies Act, as such, for the purpose of the Land Acquisition Act, it shall be deemed to be a "Company". (c) Land Acquisition Act (I of 1894)--- ----Ss.38, 38-A, 39, 40, 4(1) & 5A---Acquisition of land for a Company--­Initial notification---If acquisition is made for a Company, same may not necessarily be for a "public purpose" ---Principles. Initial notification for acquisition "of land in any locality is issued under section 4(1) of the Land Acquisition Act, 1894. The use of the word "or" between the words "for any public purpose" and a "Company" is sufficient to demonstrate that if acquisition is made for a Company, it may not necessarily be for a public purpose as the said word "or" has been used disjunctively. In the same manner, section 5-A of the Act has been worded. In view of these express provisions of the Act, a distinction has been made between acquisition of land for a Company and the acquisition of the land for public purpose, therefore, the contention that the acquisition made for the purpose of the…

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