 the land acquisition (amendment) bill, 1962(as introducbd in loi{ sabra on 8m august, 1962) -, ~rllamenl ll~i\arl mo •••••••  ___ tjate • -?:l~ll_~~_ ", a;  , "(" ,1< the tand acquisi tion (amend~:1ent) bill, i962~ ~,   - • - • - • - • - • ii statement required by sub-rule (1) of rule 71 of the rules of procedure ard conduct of business in t6k sabha reasons for the promulgation of ordinance - • - • - • - • - • under the taixl acquisition act, 1894, tand • ai 'be   acquired for a public purpose as also for companies, ~ purposes for which acquisition of land for companles may be made; al'e, '  however, restricted and they have been specified in section 40 (1) of the act such acquisition may be ·tlme for ,!)btaininr{·land (ar for the construction of dwelling houses for "jl0rkillen or~r tbe provision of amenities directly connected therewith; or:, (b) for - the construction of some work which 1s likely to prove useful to the pub1ic section 40(1) (b) and section 41 of the land; acquisition act cane up for consideration before the supreme court in the case of r~l aurora y,§ thelatate of n,}>, ,di§2) j •• ~kt  c;~~ - the supreme coul't held that lam can be acquired for a com~ under sec tion 40 (1) (b) re;'-d with sec t10n 41 of the \c t · only 'then  ' ~ the vtork to be constructed would be directly useful to the ~b11c and the public would be entitled to use the work as of right   for its own benefit in accordance hi th theterrns of the agreement, ;f; uc;ljlli:!ls en-in the various states, land has been acquired for c gag~d r~-i;;:riitii;";:~wh·i~':  " ",'", ':~-"ii"-""'-""'''''''''--- ment of the country or which are essential to the life of the doubts have arisen as to the validity of st~~h acqui  , tao sp~!'e lile: ' community  sition some state governments rei'reented'that court's decision in aurora'ls_ pas!3 would have far reach1tjg conseq-"j uences in respect of acqulsi tion of land for compames ~ that it would not be possible to proceed v!ith some acquis1tir :9:;""0-d it was feared that the above decision 'iould ·bnder cee ings e (  planned development of iniustries extremely difficult 1 ' apart from this possible set  bac:k to industrial deveu,pment there  was aiso the''''danger that the acquisitions made in the past :~~ight be questioned in cour'ts of la\1t and claims may be made by p:l'e,\{ious owners whose lands uere acquired in contravention of the prosions , of sec tions 40 and 41 as 1nterpre ted by the supreme court for restor~tio" of lanis or for payment of damages it was, therefore, necessary 'ror the central government immediately to undertake -appropriate legislation with retrospective effect to m~et the situation arisen in view of the supreme court's decision in the above case questions ~ aforesaid arise not only in the case of companies in the private sector but also in the case of co:~lpanies : in the~public sector the fe~tilizer corporation of lniia limited, a uniod goverthnent undertaking, has already received legal notices questiqning the proceedings taken for ac~uiring land for its factoryi in bombay under pait vii of the act the matter was examined by government in all its aspects ; and it ~las decided that the act should be amended 1mmediately so as tr avoid the difficul ties expe~ienced in view of the supreme covrt's~decision in aurora's case a:s the parliament \tas not f in jess+on, it was ye"lt that an ordinance should be promulgated 1 acoordi~iy an ordinance was p~omulgated by the prgs'ident on 20th july, 1~2~   i t -~ ~ new deli  31s t jut 1962 ' - ~  csd~ s~k~ pat!l) //,' i minis,ter o~ food & agr!cul ture  (as introduced in lok sabha) a billfurther to amend the land acquisition act, 1894, and to validate certain acquisitions under that act be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 this act may be called the land acquisition (amendment) soon tide act, 1962 "" s 2 "in sub-section (1) of section 40 of the land acquisition act,:r=::, 1894 (hereinafter referred to as the principal act), after clause (a), the following clause shall be inserted, namely:-"(aa) that such acquisition is needed for the construction of some building or work for a company engaged or to be engaged 10 in an industry which is essential to the life of the community or is :\likely to promote the economic development of the country; or" 3 in section 41 of the principal act,-amendment l'faectiod "i is 20 (a) for the words "the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith, or that the proposed acquisition it: needed for the construction of a work, and that such work is likely to prove useful to the public", the words, brackets, letters and figures "the proposed acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause (b) of subse<:tion (1) of section 40" shall be substitutedj (b) in clause (4), the word "and" occurring at the end shall be omitted, and after that clause, the following clause shan be inserted, namely:-"(4a) where the acquisition is for the construction of any building or work for a company engaged or to be en gag- s ed in an industry which is essential to the life of the community or is likely to promote the economic development of the country, the time within which, and the conditions on which, the building or work shall be constructed or executed; and" 10 validation of certain ic-quiaitlolll '" ',notwithstanding any judgment, decree or order of any court, everyi acq1i¥du6t1·of land for a company made or purporting to have been made under part" vii' of the principal aet before the 20th day of july, 1962, shall, in'so far as such 'acquisition is not for any of the purposes mentioned in clause (a) or clause (b) of sub-section (1) is of section 40 of the principal act, be deemed to have been made for the pljttpose mentioned in clause (aa) of the said sub-section and accdl'dfftgly every' such; acquisition and any proceeding, order, agreement or action in cormection with such acquisition shall be, and shall be, deemed always to have been, as valid as if the provisions of sec- 20 tions 40' and 41 of the principal act, as amended by this act, were in force at all material times when such acquisition was made j()r prooeeding was held or order was made or agreement was entered into or action was taken 5 (1) 'the- land acquisition (amendment) ordinance, 1962, is 2s 3 of -1962 hereby repealed (2)· notwithstanding such repeal, anything done or any action taken under the said -ordinance shall be deemed to have been done or, taken under this· act, as if this act had commenced on the 20th day- of july, 1962 30 under the land acquisition act, 1894, land may be acquired for a public purpose as also for companies; the' purpol'el:: for"whleh acquisition' of land for companies may be made are, however, restricted and they have been specified in section 40 (1) of the act such acquisition may be made for obtaining land (a) for the cont-t truction of dwelling houses for workmen or for the provision ,of amenities directly connected therewith; or (b) for the construction) of some work which is likely to prove useful to the public' ' 2 section 40 (1) (b) and section 41 of the land acquisition act came up for consideration before the supreme court in tlie case of r l aurora vs the state of vp (1962) air sc p 764,' the supreme court held that land can be acquired for a company under section 40(1) (b) read with section 41 of the act only when the work to be constructed would be directly useful to the 'publie and the public· would be entitled to use the work as 'of 'right for 'its ~wn benefit in accordance with the terms of the agreement in' the various states, land has been acquired for companies engaged in industries' which are likely to promote economic development of the! country or which are essential to the life of the community, doubts have arisen as to the wlidity of such acquisition 3 some state governments have represented that the aforesaid decision of the supreme' court may have far-reaching co~uences in respect of acquisition of land for companies it is" feared that the decision may render planned development 'of inc!ustirie extremely difficult and also that there will be thedenget' 'that'the ' acquisition of land made for companies in the'past'mighti>e questlob" ed in courts of law and claims may be made by previo\ls :owurll  whose lands have been acquired fer restoration of land: or payment 'of" damages in order to overcome these difficulties, the 'land ,acquibi"' tion (amendment) ordinance, 1962 (3 of 1962) was promulgated 'on : the 20th july, 1962, suitably amendu?g sections 40 and 41' olr the act and also validating all past acquisition of land made· for 'compartiei ' 4 the bill merely seeks to replgce'theordfnanee by an act of, parliament s'k 'patil new delhi; the 1st august, 1962 extaacrs nom the land acquismon act, 1894 (1 01' 1894) ' - - - 40 (1) such consent shall not be given unless the appropriate government be satisfied, either on the report of the collector under section sa, 'sub-section (2), or by an enquiry held as hereinafter provided,--(4) that the purpose of the acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith, or ,(b) that such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the public (?) such enquiry shall be held by such officer and at such time and place as the appropriate government shall appoint (3) such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the code of civil' procedure in the case of a civil court s of 1901 ~ldedt ~l if the appropriate government is satisfied after considering pdate~: the report, if any, of the collector under section 5a, sub-section (2), c:mmenl or on the report of the officer making an inquiry under section 40 that the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith, or that the proposed acquisition is needed for the construction of a work, and that such work is likely to prove useful to the public, it shan require the company to enter into an agreement with the appropriate government, providing to the satisfaction of the appropriate government for the following matters, namely:-(1) the payment to the appropriate government of the cost of the acquisition; (2) the transfer, on such payment, of the lao(~ to tilt company; a bill further to oullend the land acquisition act, 1894, and to validate certain acquisitions under that act (shr; s k pari!, , minister of food and agr iculture) 