Agreement With The Government For
Acquisition Of Land
Under The Land Acquisition
Act, 1894
THIS
AGREEMENT made at………………this………………day of………………20…………… between………………a company
registered under Companies Act, 1956 and having its registered office
at………………(hereinafter called "the company" which expression shall
unless it be repugnant to the context or meaning thereof, be deemed to mean and
include its uccessors and assigns) of the ONE PART and the Governor of the
State of………………(hereinafter called the "State Government" which
expression shall unless it be repugnant to the context or meaning thereof, be
deemed to mean and include its successors and assigns) of the OTHER PART.
WHEREAS
(1)The
company has applied to the State Government for the acquisition of land under
the provisions of the Land Acquisition Act, 1894 (hereinafter called "the
said Act") of the piece and parcel of land
containing………………acres
or thereabout situate in the village of in the Tehsil…………District ………………and
more particularly described in the Schedule I hereto and delineated in the plan
hereunto annexed.
(2)
The State Government being satisfied by an enquiry held under section 40 of the
said Act that the proposed acquisition is needed for the purpose described in
the Schedule 11 hereto, (hereinafter called "the said purposes"), and
the said purposes are likely to prove useful to the public, has consented to
acquire the piece or parcel of land hereinabove described on behalf of the
company.
(3)
The State Government has required the company to enter into an agreement as
required under the provisions of section 41 of the said Act.
NOW THIS INDENTURE
WITNESSETH THAT IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:
(1)
The company shall pay to the State Government or such person or persons as the
State Government may appoint in this behalf in respect of the said land, all
sums of money as shall be awarded by the collector under the Land Acquisition
Act, 1894 or by any court to which reference under Part III of the said Act may
be made, or by the court or courts including the High Court or the Supreme
Court to which an appeal from the award of the said court may be preferred and
all costs, charges and expenses of the proceedings in the aforesaid courts or
otherwise incidental to the proposed acquisition are payable in respect thereof
under the provisions of the said Act.
(2)
The company shall deposit with the collector such sum or sums of money payable
under the last preceding clause, within seven days of receiving the demand in
this behalf from the collector, failing which the said Government may, without
prejudice to any other remedy, recover the amount spent or the expenses
incurred from the company as arrears of land revenue and may also rescind or
withdraw from the proceedings in acquisition and all losses resulting therefrom
shall be borne by and be to the account of the company.
(3)
In case of urgency where possession of the said land is proposed to be taken
under section 17 of the said Act before an award has been made under section 17
of the said Act, the company shall deposit with the collector free of interest,
such amount not more than two‑third of the approximate amount of compensation
payable in respect of the said land as determined under clause (ii) of sub‑rule
(2) of rule 4 of the Land Acquisition (Companies) Rules, 1963 and within the
time, as specified by the collector in this behalf.
(4)
The company agrees and undertakes that if the amount or compensation of the
acquisition of the said land or any part thereof is enhanced or is held to be
more than the amount assessed by the
collector
under the said Act or by court to which a reference under Part III of the said
Act may be made or by the court or courts including the High Court or Supreme
Court to which an appeal from the award of the said court may be preferred, it
shall pay to the State Government such further amount on account of the said
land or any part thereof together with all incidental charges within one month
of the demand therefore, failing which the amount due shall be recoverable from
the company as arrears of land revenue.
(5)
On payment by the company of all demands under the foregoing first clause or in
the discretion of the State Government on deposit by the company of all
estimated amount as provided in the second clause, the State Government shall
hand over the possession of the said land to the company and shall execute and
to add such acts and deeds as may be necessary and proper for efficiently
vesting the same in the company.
(6)
The said land shall be used by the company for the said purposes and without
the sanction in writing of the State Government first hand and obtained for no
other purpose, whatsoever.
(7)
The company shall erect and complete all works in accordance with the
particulars specified in Schedule III, (hereinafter called "the said
works"), within three years from the date on which the possession of the
said land shall have been given to the company. If the said works are not
completed within the said period of three years, the State Government may
extend the time for that purpose, in its discretion, by a period not exceeding
one year at a time, so however that the total period of extension shall not
exceed three years.
(8)
If the said works are not completed within three years or such extended time,
as the State Government may grant In its discretion, the State Government may
summarily re‑enter upon and take possession of the said land, together with
buildings thereon, whether such buildings were erected before or after transfer
of the applicant to the company and thereupon the interest of the company in
the said land and buildings shall absolutely cease and determine.
(9)
On taking such possession, the State Government may sell or otherwise deal with the said land and
buildings as it may think proper:
(a) If the State Government sells the land
with the buildings, the State Government, after deducting the expenses incurred in connection with the taking
possession and sale of such land
and buildings, shall pay the proceeds to the company;
(b) If the State Government retains the said
land and buildings thereon, the State Government shall repay to the company the market value as on the day
of re‑entry of all the buildings erected by the company and all sums paid by
the company in respect of acquisition of the said land as provided in the
foregoing first clause (less the statutory allowance of fifteen per cent and
less any amount paid by the company on account of trees and buildings which are
not in existence at the time of resumption) but will not repay any sums paid by
the company on account of costs, charges and expenses;
(c) If the State Government sells the
buildings only, then the State Government after deducting the expenses of taking possession and
selling, pay the balance of the proceeds of sale to the company together with the sum received from the company
in respect of the acquisition of the
said land (less the statutory allowance of fifteen per cent and less any amount
received from the company on account
of trees and buildings which are not in existence at the time of resumption) but will not repay any
sums paid by the company on account of costs, charges and expenses.
(10)
If the company does not require the said land or any part or parts thereof for
the said purposes, then the company will forthwith relinquish and restore the
same after removing all buildings and structures to the State Government at a
price equal to the amount paid by it under the said Act.
(11)
If the company utilises only a portion of the said land for the said purposes
and the State Government is satisfied that the company can utilise the portion
of the land used by it, even after resumption of the unutilised part thereof,
the State Government may make an order declaring the transfer of the unutilised
portion of the said land as null and void, whereupon such unutilised portion
shall revert back to the State Government and directing that an amount equal to
one‑fourth of such portion of the amount paid by the company as cost of
acquisition, as is relatable to the unutilised portion shall be forfeited to
the State Government as damages and that balance amount shall be refunded to
the company and the order so made by the State Government shall be final and
binding. Provided that the State Government before making an order under this
clause will give an opportunity of being heard in the matter.
(12)
If the company commits the breach of any of the terms and conditions of this
agreement, the State Government will be entitled to declare the transfer of the
said land to the company as null and void, whereupon the said land shall revert
back to the State Government and an amount equal to one‑fourth of the amount
paid by the company to the State Government as the cost of acquisition, shall
be forfeited to the State Government as damages and the balance shall be
refunded to the company. Provided that the State Government before making an
order under this clause will give an opportunity of being heard in the matter.
(13)
In case the said land or any part thereof reverts back to the State Government
in terms of clause (11) or (12) of this agreement, the occupation of the
company over the land in question shall be deemed to be unauthorised within the
meaning of………………Public Premises (Eviction of Unauthorised Occupants) Act and
the State Government may without prejudice to any other right or remedy, effect
re‑entry in accordance with the provisions of the said Act and the Rules made
thereunder.
(14)
The company shall not transfer the said land or any part thereof by sale,
lease, mortgage, gift or otherwise without the previous permission of the State
Government.
(15) If any
dispute or difference arises touching or concerning the subject‑matter of this
agreement or any covenant or clause or things therein contained, the same shall
be referred to the Secretary to the
State
Government in………………Department, and opinion and decision of the said Secretary
upon such dispute or difference shall be final and conclusive and binding on
the parties hereto.
Schedule I
All that
piece or parcel of land situated in the village of ...........
Tehsil………………District……… containing an area of………………sq. ft. equivalent
to………………meters comprising Survey No.
.................
Plots No ………………bounded on the
North
South
East
West
and
called or known as premises No . ………………
Schedule
II
Purposes
for which the said land shall be used
Schedule
III
(i)
Name and nature of the work.
(ii) Plans and
specifications of the work.
IN WITNESS WHEREOF the company has caused its
common seal to be affixed to these presents and the State Government has caused
these presents to be signed by its duly authorised official.
WITNESSES
The common seal
of………………has been hereunto affixed pursuant to the resolution
of its
1. Board
of Directors passed at the meeting held on……………… in the presence of its two Directors viz.
Shri………………and………………who have in token thereof
subscribed their signature hereto
2. Signed
and delivered by the State Government by the hand of Shri……………… Secretary to Government, Department of………………its
duly authorised official
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