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N.K.Assumi (Advocate)     21 November 2009

Individual interest vs Public purpose

Can individual acquire land for its own interest to make profit amount to public purpose?



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 10 Replies

Suchitra. S (Advocate)     21 November 2009

Sir, I think the question is not clear. I f the question is about making profit from the property for his own interest, then, how can it be called as public interest?

N.K.Assumi (Advocate)     21 November 2009

Suppose a man acquired land for starting his own clinic to make profit out of it but it also promote public health, does it amount to public purpose?

Suchitra. S (Advocate)     21 November 2009

Sir, the answer lies in the question itself. If the intention is to make personal profit, then it cant be said as for public purpose. The real question in deciding whether the clinic is used for public purpose lies in the fact that where the money is flowing ultimately to..  :)

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 November 2009

No person can acquire any land of others even though the purpose may be public interest as Land Acquisition Act gives exclusive power to State in this regard so no possibility at all.

Anil Agrawal (Retired)     22 November 2009

 There is a world of difference between acquisition and purchase. Land can be "acquired" only by the Government that too for the public purpose. Remember Nano case.

An individual can purchase land, building, property and he can use it for himself or sell it for profit. There is no bar.

The poser is not clear.

lalhmingliana (Advocate)     24 November 2009

If the Government  make restriction by making condition or state laws in public interest for its own state in respect of business does it amount to cotravention of fundamental rights?

Y V Vishweshwar Rao (Advocate )     13 December 2009

A Rice Miller was required to pay Leavy to Govt from and out of his Business stocks

A Trader / professional may   reasonaby be  required to  sereve the public purpose , if the Govt feel it in the situation ! 

The  Property Acquistion is with condition for public purpose and Purchase of property  by individual  with out   any condition  !  But all  regualtiosn /law  made by Govt to be  complied by the Traders / professionals .

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Anil Agrawal (Retired)     13 December 2009

 All Gujarat Government public sector companies have been directed to pay a percentage of their profit to government for welfare of the deprived sections of the society. What happens to this money is anybody's guess.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 January 2010

acquire or purchase or encroach? only state govt. can accuire as per law. the general public or any institution other than state govt though can not accuire a piece of land, but can purchase or can encroach, repeat encroach a land either a private land or a govt.land. encroaching though not lawfull but sometimes govt allowed it or regularise it sometimes not.

mr agrawal please start a new thread on gujrat public sector...

Anil Agrawal (Retired)     17 January 2010

 I shall do it when sanity returns to Gujarat. Liquor flows freely in Gujarat (read land of Gandhi) and Netas, Babus and Police are lining their pockets but CM refuses to lift the ban. Morarji Desai, as CM of erstwhile Bombay State, did his worst in enforcing prohibition and it encouraged bootlegging. Ultimately, prohibition was buried deep down the Arabian Sea. I am talking about the policy and not whether liquor is good or bad. Spurious liquor in the country still kills thousands. 

Gujaratis are a trading community and the State is progressing in trade and commerce. With a great number of them settled abroad, foreign exchange flows in billions. It has already left behind Maharashtra and would do wonders if Netas look beyond their nose.

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