Formation of Cooperative whether can counter acquisition
Daksh
(Querist) 11 August 2010
This query is : Resolved
Dear All,
For the purposes of acquisition of agricultural land usually the plea taken by the LAC is that the land is required for public purpose. My query is if before the initiation of notification of acquisition if already the land owners have formed the cooperative society and as per its articles it is engaged in carrying public functions then in that eventuality can the acquisition modalities can be legally frustated for once and all.
Kindly enlighten me.
Thanking You
Best Regards
Daksh
Devajyoti Barman
(Expert) 11 August 2010
The public purpose from the point of view of the govt is always different in respect of its sheer size. The smaller public function of the society can not frustrate the broader aspect of public purposes of the govt. However this 'public purpose' is subject to judicial scrutiny in certain circumstances.
