Buying of agriculture land
rajesh
(Querist) 25 November 2014
This query is : Resolved
Can a pvt ltd company purchase agriculture land in alibagh ( maharashtra),if so under which rule.
Thanks
Devajyoti Barman
(Expert) 25 November 2014
Do want to buy the land or the enabling provision of law.
ajay sethi
(Expert) 25 November 2014
The
purpose of the Bombay Tenancy Act, 1948 is to ensure holding of agricultural land by tenants, labourers and agricultural land holders. Agriculturist as defined in sec.2 (2) of the Act means a person who cultivates land personally; and under section 2 (6) to cultivate personally means to cultivate land on one's own account by one's own labour, or by the labour of any member of one's family, or under the personal supervision of oneself or any member of one's family by hired labour or by servants on wages payable in cash or kind but not in crop share. According to section 2 (5), to cultivate with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce, whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon.
Since
the word person is defined in section 2 (11) of the Act, its definition as given in the Bombay General Clauses Act, 1904 could not be applied and a company constituted as a juristic person under the Companies Act cannot be considered to be an agriculturist. Having regard to this legal provision, there is no provision under section 63 of the Act for acquisition of agricultural land by companies as non-agriculturist. The District Collectors, Prant Officers, Taluka Mamlatdars and Agricultural Tribunals have to proceed accordingly, keeping in view the aforesaid provisions.
Sailesh Kumar Shah
(Expert) 26 November 2014
Expert Mr. Ajay Sethi has left no room to add more.