Updated: Wednesday May 01, 2013/AlArbia'a
Jamada El Thaniah 21, 1434/Budhavara
Vaisakha 11, 1935, at 08:46:14 PM
[1][1]The Land Acquisition, Act, 1894
(Act I of 1894)
[2 February 1894]
An Act to amend the law for the acquisition
of land for public purposes and for Companies.
WHEREAS it is expedient to amend the law for
the acquisition of land needed for public purposes and for Companies and for
determining the amount of compensation to be made on account of such
acquisition;
It
is hereby enacted as follows:---
Court Decisions
Applicability of S. 5,
Limitation Act, 1908 to proceedings under Land Acquisition Act, 1894. S. 3, Limitation Act, 1908 would
bar remedy in different cases when relief was sought after specified time for
bringing about claim. Section 5, Limitation Act, 1908 was exception to such bar
and provided for admission of claim even after expiry of period of limitation
provided the appellant or applicant satisfied Court that he had sufficient
cause for not preferring appeal or making application within such period.
P.L.J.1998 Pesh. 88.
PART I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Land
Acquisition Act, 1894;
[2][2][(2) It
extend to the whole of
(3) It shall come into force on the first
day of March 1894.
2. [Repeal]. Repealed partly by the Repealing
and Amending Act, 1914 (X of 1914), section 3 and Schedule II, and partly by
the Repealing Act, 1938 (I of 1938), section 2 and Schedule.
3. Definitions.— In this Act, unless there is something
repugnant in the subject or context:---
(a) the expression “land” includes benefits to
arise out of land, and things attached to the earth or permanently fastened to
anything attached to the earth:
(b) the expression “person interested” include
all persons claiming an interest in compensation to be made on account of the
acquisition of land under this Act; and a person shall be deemed to be
interested in land if he is interested in an easement affecting the land;
(c) the expression “Collector” means the
Collector of a district, and includes a [3][3][District Officer (Revenue)] and any officer specially
appointed by the [4][4][Board of Revenue or [5][5][Executive District Officer (Revenue)]] to perform the
functions of a Collector under this Act:
[6][6][(d) the
expression “Court” means a principal Civil Court of original jurisdiction, and
includes the Court of any Additional District Judge and any Civil Judge whom
the Provincial Government may appoint, by name or by virtue of his office, to
perform concurrently with any such principal Civil Court, all or any of the
functions of the Court under this Act, within any specified area; provided that
in the case of a Civil Judge such functions shall be exercised only up to the
limits of his pecuniary jurisdiction]:
(e) the expression “Company” means a Company
registered under the [7][7][Companies Ordinance, 1984], or under the
(English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament
[8][8][of the United Kingdom] or [9][9][by a Pakistan law], or by Royal Charter or
Letters Patent [10][10][and includes a society registered under the
Societies Registration Act, 1860, and a Registered Society within the meaning
of the Co-operative Societies Act, 1912[11][11]]:
(f) the expression “public purpose” includes the
provision of village-sites in districts in which the [12][12][Provincial Government]
shall have declared by notification in the official Gazette that it is
customary for the Government to make such provision: and
(g) the following persons shall be deemed persons
“entitled to act” as and to the extent hereinafter provided (that is to say)—
trustees for other persons
beneficially interested shall be deemed the persons entitled to act with
reference to any such case, and that to the same extent as the persons
beneficially interested could have acted if free from disability;
a married woman, in cases to which the English law
is applicable, shall be deemed the person so entitled to act, and whether of
full age or not, to the same extent as if she were unmarried and of full age;
and
the guardians of minors and the committees or
managers of lunatics or idiots shall be deemed respectively the persons so
entitled to act, to the same extent as the minors, lunatics or idiots
themselves, if free from disability, could have acted:
Provided that,---
(i) no person shall be deemed “entitled to act”
whose interest in the subject-matter shall be shown to the satisfaction of the
Collector or Court to be adverse to the interest of the person interested for
whom he would otherwise be entitled to act;
(ii) in every such case the person interested may
appear by a next friend or, in default of his appearance by a next friend, the
Collector or Court, as the case may be, shall appoint a guardian for the case
to act on his behalf in the conduct thereof;
(iii) the provisions of Chapter XXXI of the [13][13]Code of Civil Procedure shall, mutatis mutandis, apply in the case of
persons interested appearing before a Collector or Court by a next friend, or
by a guardian for the case, in proceedings under this Act; and
(iv) no person “entitled to act” shall be
competent to receive the compensation-money payable to the person for whom he
is entitled to act unless he would have been competent to alienate the land and
receive and give a good discharge for the purchase-money on a voluntary sale.
AMENDMENTS
(d) the expression ‘Court’
means a principal Civil Court of original jurisdiction, and includes the Court
of any Additional District Judge and any Civil Judge whom the Provincial Government
may appoint, by name or by virtue of his office, to perform concurrently with
any such principal Civil Court, all or any of the functions of the Court under
this Act, within any specified area ;
provided
that in the case of a Civil Judge such functions
shall be exercised only upon to the limits of his pecuniary jurisdiction.
Balochistan: After clause (e) the following clause shall be deemed to be
inserted, namely:---
(ee) the expression ‘local
authority’ includes the Quetta Development Authority, established under
Section 3 of the Quetta Development Authority Ordinance, 1976.
Town
Improvement: After clause (e) of Section 3
the following shall be deemed to be inserted, namely: -
(ee) the expression ‘local
authority’ includes a Trust constituted under the Town Improvement Act,
1922’.
(ee) the expression ‘local
authority’ includes in the Karachi Development Authority, established under
Article 3 of the Karachi Development Authority Order, 1957.’
PART II
ACQUISITION
Preliminary
Investigation
4. Publication of preliminary notification
and powers of officers thereupon.— [14][14][(1) Whenever it appears to the Collector of
the District that land in any locality is needed or is likely to be needed for
any public purpose or for a Company, a notification to that effect shall be
published in the official Gazette, and the Collector shall cause public notice
of the substance of such notification to be given at convenient places in the
said locality].
(2) Thereupon it shall be lawful for any
officer, either generally or specially authorised by [15][15][the Collector of the District] in this
behalf, and for his servants and workmen,—
to enter upon and survey and take levels of any land in
such locality;
to dig or bore into the subsoil;
to do all other acts necessary to ascertain whether the
land is adapted for such purpose;
to set out the boundaries of the
land proposed to be taken and the intended line of the work (if any) proposed
to be made thereon;
to mark such levels, boundaries and lines by placing
marks and cutting trenches; and,
where otherwise the survey cannot be completed and the
levels taken and the boundaries and lines marked, to cut down and clear away
any part of any standing crop, fence or jungle:
Provided
that no person shall enter into any building or upon any enclosed court or
garden attached to a dwelling-house (unless with the consent of the occupier
thereof) without previously giving such occupier at least seven days' notice in
writing of his intention to do so.
AMENDMENTS
‘(I) Whenever it appears to
the Collector of the District that land in any locality is needed or is likely
to be needed for any public purpose or for a Company, a notification to that
effect shall be published in the official Gazette, and the Collector shall
cause public notice of the substance of such notification to be given at
convenient places in the said locality’;
(b) in sub-section
(2), for the words ‘“Executive District Officer (Revenue)” or the Board of
Revenue’, the words ‘Collector of the district’ shall be substituted ; and
(c) after
sub-section (2), as so modified, the following new sub-section shall he added,
namely :-
‘(3) The officer so
authorised shall at the time of such entry pay or tender payment for all
necessary damage to be done as aforesaid, and, in case of dispute as to the
sufficiency of the amount so paid or tendered, he shall at once refer the
dispute to the decision of the Collector or other Chief Revenue Officer of the
District, and such decision shall be final’.
Town Improvement: The first publication of a notice of any
improvement scheme under Section 36 of the Punjab Town Improvement Act, 1922
shall be substituted for an have the same effect as publication in the official
Gazette and in the locality of notification under sub-section (1) of Section 4
of the Land Acquisition Act, 1894 except where a declaration under Section 4 or
Section 6 of the said Act has previously been made and is still in force
Quetta Development: The
first publication of a notice of an improvement scheme under Section 47 of the
Quetta Development authority Ordinance, 1977 shall be substituted for and have
the same effect as publication in the official Gazette and in the locality of a
notification under subsection (1) of Section 4 of the Land Acquisition Act
except where a notification under sub-section (1) of Section 4 or a declaration
under Section 6 of the said Act has been previously made and is in force.
Punjab (Thal Development):
The first publication of a notice of a development scheme under S. 22 of the
Thal Development Act, 1949, shall be substituted for and have the same effect
as publication in the Gazette and in the locality of a notification under
sub-section (1) of Section 4 of the said Act, except where a notification under
Section 4 or a declaration under Section 6 of the said Act has previously been
made and is still in force.
W.P. Soil Reclamation: The
first publication of a notice of a reclamation scheme under S. 18 of the Punjab
Soil, Reclamation Act, 1952, shall be substituted for and have the same effect
as publication in the Gazette and in the locality, of a notification under
sub-section (1) of Section 4 of the said Act, except where a notification under
Section 4 or a declaration under Section 6 of the said act has previously been
made and is still in force.
Karachi Development: The
first publication of a notice of an improvement scheme under Article 45 of the
Karachi Development Authority Order, 1957, shall be substituted for and have
the same effect as publication in the official Gazette and in the locality of a
notification under subsection (1) of Section 4 of the said Act except where a
notification under sub-section (1) of Section 4 or a declaration under Section
6 of the said Act has been previously made and is in force.
Court Decisions
Factors to be considered--Where long period had elapsed between notification and
announcement of award and during that period prices of land had risen sharply,
the Court, while determining the market value, had to take into account
circumstances, such as potential value i.e. the benefits, advantages arising
from the present use and future use, the inflationary trend and depreciation in
currency while assessing the compensation. 2000 Y L R 1123 PLD 1988 SC
32 and 1993 CLC 179 ref.
Trial Court enhanced the compensation as per
market value, 15 % compulsory acquisition charges, additional compensation at
the rate of 15 % per annum and simple interest at the rate of 6% per annum on
the excess amount were also awarded under S.28, Land Acquisition Act, 1894, by
Trial Court to the respondent---Order of Trial Court being according to the
facts and law, was maintained. 2000 Y L R 1123 PLD 1996 SC 77; PLD 1982
Kar. 147; PLD 1986 Kar. 164; PLD 1969 Azad J&K 46; PLD 1976 Pesh. 50; PLD
1963 Azad J&K 10; PLD 1954 Lah. 265; 1991 MLD 90; 1996 CLC 1193; 1997 SCMR
1692; 1996 SCMR 1820; 1992 CLC 1775; 1991 MLD 90; PLD 1992 SC 472; 1999 MLD
2922; 1993 CLC 179 and PLD 1968 Lah. 148 ref.
Onus to prove—Landowners disputed the compensation of award being insufficient—Objection
petition was filed before the Referee court on the ground that the Authorities
had not considered the compensation price of other land in the same vicinity
acquired for some other purposes—Landowners failed to produce evidence to
substantiate their objection and the petition was dismissed by the
Court—Validity—Landowners were under the burden to produce some party to the
transaction on which they relied to prove the factum of genuineness and bona
fides of the transaction—Mere production of such mutation in evidence was
insufficient for establishing the bona fides and genuineness of the transaction
relied upon by the landowners—Referee court, after evaluation of evident and
revenue papers including the Aks Shajara Kishtwar, had rightly passed the
judgment and the same did not suffer from legal infirmity—Landowners failed to
prove through positive evidence that during the relevant days the price of land
in the vicinity was higher than what was determined by the Authorities by
applying the formula of one yearly average—Compensation was rightly calculated
by the Authorities in circumstances. 2004 M L D 324
Effect of Notification under S. 4 of Land
Acquisition Act 1894—Notification under S. 4
of Land Acquisition Act 1894/S. 13 of Punjab Housing Act, 1973 constitute
implied warning to public at large that any transaction whatever with regard to
land intended to be acquired would be made by transferees at their own
risk—Once possession of land in question, was taken in pursuance of
notification by respondent Department, then title of such land vested in that
Department—Land in question, having been admitted by acquired in 1981, decree
of trial court on basis of oral gift made in 1983, was justifiably reversed by
Appellate court. P L J 2004 Lah. 291
Additional compensation—Dispute
was with regard to the payment of additional compensation under S. 28-A of Land
Acquisition Act, 1894 regarding the land acquired in the year 1960—Authorities
refused to pay additional compensation on the ground that the landowners had
received certain portion of compensation and the matter had become past and
closed transaction—Validity—Whenever land owner received part of the
compensation payable or even the entire amount due at a particular point of
time, the matter would not become past and closed transaction and the
provisions of S. 28-A of Land Acquisition Act, 1894, would not become
inapplicable as the same was not a case of a live or dead issue—Question of
amount of compensation payable from the date of notification under S. 4 of Land
Acquisition Act, 1894, till the entire amount of compensation was determined
was a single transaction and additional compensation under S. 28-A of Land
Acquisition Act, 1894, would have to be calculated by bifurcating the unpaid
amount from that which had already been paid to landowner—Additional
compensation was to be calculated only on the basis of the unpaid amount in
view of proper construction of S. 28-A of the Act—Landowners were entitled to
receive the additional compensation under S. 28-A of Land Acquisition Act, 1894
for the unpaid amount of the compensation from the date of notification under
S. 4 of Land Acquisition Act, 1894 till the final payment of the compensation
was made to them. PLD 2003 Kar. 174
Assessment of market value—Market
value has been described as what a willing purchaser would pay to the willing
seller—for assessing the market value, it is also essential to look into the
location of he land in question, potentiality and the sale price of similar
kind of land in vicinity at the relevant time. PLD 2003 SC 480
[16][16][(3) The
officer so authorised shall at the time of such entry pay or tender payment for
all necessary damage to be done as aforesaid, and, in case of dispute as to the
sufficiency of the amount so paid or tendered, he shall at once refer the
dispute to the decision of the Collector or other chief revenue officer of the
District, and such decision shall be final].
[17][17][5. Notification that particular land is needed
for a public purpose or for a Company.— Where land is to be acquired for a public
purpose, the [18][18][Executive District Officer (Revenue)], and where land is to be acquired for a Company,
the Provincial Government, is satisfied, after considering the result of the
survey, if any, made under sub-section (2) of section 4, or if no survey is
necessary, at any time, that any particular land included in a locality
notified under sub-section (1) of section 4 is needed for a public purpose or a
Company, as the case may be, a notification to that effect shall be published
in the official Gazette, stating the district or other territorial division in
which the land is situate, the purpose for which it is needed, its approximate
area and situation, and where a plan has been made of the land, the place where
such plan may be inspected, and the Collector shall cause public notice to be
given of the substance of the notification at convenient places on or near the
land to be acquired].
[19][19][Objections
5-A. Hearing of objections.— (1) Any person interested in any land which
has been notified under section 5 as being needed for a public purpose or for a
Company may, within thirty days after the issue of the notification, object to
the acquisition of the land or of any land in the locality, as the case may be.
(2) Every
objection under sub-section (1) shall be made to the Collector in writing, and
the Collector shall give the objector an opportunity of being heard either in
person or by pleader and shall, after hearing all such objections and after
making such further inquiry, if any, as he thinks necessary, submit the case
for the decision of the [20][20][Executive District Officer (Revenue)] together
with the record of the proceedings held by him and a report containing his
recommendations on the objections. The decision of the [21][21][Executive District Officer (Revenue)] on the
objections shall be final.
(3) Where land is needed for a Company, the
Collector shall, after making such enquiries as he deems necessary, also make
his recommendations to the [22][22][Executive District Officer (Revenue)] with regard to the area that in his opinion
is reasonable for the purpose.
(4) For the purpose of this section, a
person shall be deemed to be interested in land who would be entitled to claim
an interest in compensation if the land were acquired under this Act.]
West Pakistan 5-A. Hearing
of objections: (1) Any person interested in any land which has been notified
under Section 5 as being needed for a public purpose or for a Company may,
within thirty days after the issue of the notification, object to the
acquisition of the land or of any land in the locality, as the case may be.
(2) Every objection
under sub-section (1) shall be made to the Collector in writing, and the
Collector shall give the objector an opportunity of being heard either in
person or by pleader and shall, after hearing all such objections and after
making such farther inquiry, if any, as he thinks necessary, submit the case
for the decision of the “Executive District Officer (Revenue)”, together with
the record of the proceedings held by him and a report containing his
recommendations on the objections. The decision of the “Executive District
Officer (Revenue)” or the objections shall be final.
(3) Where land is
needed for a Company, the Collector shall, after making such enquiries as he
deems necessary, also make his recommendations to the “Executive District
Officer (Revenue)” with regard to the area that in this opinion is reasonable
for the purpose.
(4) For the purpose
of this section, a person shall be deemed to be interested in land who would be
entitled to claim an interest in compensation if the land were acquired under
this Act.
Sindh: Same as for
Balochistan: Same as for
Soil Reclamation: Proceedings
under Section 19 and sub-section (1) of Section 20 of the Punjab Soil
Reclamation Act, 1952, shall substitute for and have the same effect as
proceedings under Section 5-A of the said Act.
Declaration of intended acquisition
6. Declaration
that land is required for a public purpose.— (1) Subject, to the provisions of Part VII of this
Act, [23][23][when the [24][24][Executive District Officer (Revenue)] is
satisfied, after considering the report, if any, made under section 5-A,
sub-section (2)], that any particular land is needed for a public purpose, or
for a Company, a declaration shall be made to that effect under the signature
of [25][25][Executive District Officer (Revenue)] or of some
officer duly authorised to certify [26][26][such] order:
Provided
that no such declaration shall be made unless the compensation to be awarded
for such property is to be paid by a Company, or wholly or partly out of public
revenues or some fund controlled or managed by a local authority.
(2) The declaration shall be published in
the official Gazette, and shall state the district or other territorial
division in which the land is situate, the purpose for which it is needed, its
approximate area, and, where a plan shall have been made of the land, the place
where such plan may be inspected.
(3) The said declaration shall be conclusive
evidence that the land is needed for a public purpose or for a Company, as the
case may be; and, after making such declaration, the [27][27][Executive District Officer (Revenue)] may
acquire the land in manner hereinafter appearing.
[28][28][(4) When
the area in respect of which the said declaration is made is less than the area
previously notified under sub-section (1) of section 4, such previous
notification, so far as it relates to the excess area, shall be deemed to have
been superseded by the said declaration].
After sub-section (3), the following new sub-section shall be
added, namely:
‘(4) When the area in
respect of which the said declaration is made is less than the area previously
notified under sub-section (1) of Section 4, such previous notification, so far
as it relates to the excess area, shall be deemed to have been superseded by
the said declaration.
Sindh: Same as for
Balochistan: Same as for
Karachi (Development):
Subject to the provisions of paragraphs 6 and 7 of this Schedule, the issue of
a notice under sub-clause (c) of clause (3) of Article 36 of the Karachi
Development Authority Order, 1957, in the case of the land proposed to be
acquired in pursuance of that clause, and in any other case the publication of
a notification under Article 50 of that Order shall be substituted for and have
the same effect as a declaration under Section 6 of/the said Act except where a
declaration under the last-mentioned section has been previously made and is in
force.
Town Improvement: (1) The
first publication of a notice of any improvement scheme under Section 36 of
this Act shall be substituted for and have the same effect as publication in
the official Gazette and in the locality of a notification under sub-section
(1) of Section 4 of the said Act, except where a declaration under Section 4 or
Section 6 of the said Act has previously been made and is still in force.
(2) Subject to the
provisions of clauses (10) and (11) of the Schedule, the issue of a notice
under sub-section (1) of Section 32 in the case of land acquired under that
sub-section and in any other case the publication of a notification under
Section 42 shall be substituted for and have the same effects a declaration by
the Provincial Government under Section 6 of the said Act, unless a declaration
under the last-mentioned section had previously been made, and is still in
force.
West Pakistan (Soil Reclamation): Subject to the provisions of paragraphs 10 and 11 of this
Schedule, the publication of a notification under Section 22 of the Punjab Soil
Reclamation Act, 1952, shall substitute for and have the same effect as a
declaration by the Provincial Government under Section 6 of the said Act,
unless a declaration under the last-mentioned Section has previously been made
and is still in force.
Punjab (Thal Development):
The first publication of a notice of an development scheme under S. 22 of the
Thal Development Act, 1949, shall be substituted for and have the same effect
as publication in the Gazette and in the locality, of notification under
sub-section (1) of Section 4 of the said Act, except where a notification under
Section 4 or a declaration under Section 6 of the said Act has previously bee
made and is still in force.
Quetta (Development): Subject
to the provisions of paragraphs 6 and 7 of this Schedule, the issue of a notice
under clause (e) of sub-section (3) of Section 38 of the Quetta Development
Authority Ordinance, 1877, in the case of land proposed to be acquired in
pursuance of that subsection, and in any other case the publication of a
notification under Section 52 of that Ordinance shall be substituted for and
have the same effect as a declaration under Section 6 of the, said Act except
where a declaration under the last-mentioned section has been previously made
and in force.
Court Decisions
7. After
declaration Collector to take order for acquisition.— Whenever any land shall
have been so declared to be needed for a public purpose or for a Company, the [29][29][Executive District Officer (Revenue)], or some
officer authorised by the [30][30][Executive District Officer (Revenue)] in this
behalf, shall direct the Collector to take order for the acquisition of the
land.
AMENDMENTS
Sindh: Same as for
Balochistan: same as for
8. Land to
be marked out, measured and planned.— The Collector shall thereupon cause the land
(unless it has been already marked out under section 4) to be marked out. He shall
also cause it to be measured, and if no plan has been made thereof, a plan to
be made of the same.
9. Notice to persons interested.— (1) The Collector shall then cause public
notice to be given at convenient places on or near the land to be taken, stating
that the Government intends to take possession of the land, and that claims to
compensation for all interests in such land may be made to him.
(2) Such
notice shall state the particulars of the land so needed, and shall require all
persons interested in the land to appear personally or by agent before the
Collector at a time and place therein mentioned (such time not being earlier
than fifteen days after the date of publication of the notice), and to state
the nature of their respective interests in the land and the amount and
particulars of their claims to compensation for such interests and their
objections (if any) to the measurements made under section 8. The Collector may
in any case require such statement to be made in writing and signed by the party
or his agent.
(3) The Collector shall also serve notice to
the same effect on the occupier (if any) of such land and on all such persons
known or believed to be interested therein, or to be entitled to act for
persons so interested, as reside or have agents authorised to receive service
on their behalf, within the revenue district in which the land is situate.
(4) In case any person so interested resides
elsewhere, and has no such agent , the notice shall be sent to him by post in a
letter addressed to him at his last known residence, address or place of
business and registered under Part III of the [31][31]Indian Post Office Act, 1866.
[32][32][(5) The
Collector shall also serve notice of the enquiry to be held under section 11
(such notice not being less than fifteen days prior to the date fixed under
sub-section (2) for determination of claims and objections) on the Department
of Government, local authority or Company, as the case may be, for which land
is being acquired, and require it to depute a duly authorised representative to
attend the enquiry on its behalf for the purpose of making objections (if any)
to the measurement of the land, claims to any interest in the land or the
amount of any compensation. Such authorised representative shall be a party to
the proceedings].
AMENDMENTS
‘(5) The Collector shall also
serve notice of the enquiry to be held under Section 11 (such notice not being
less than fifteen days prior to be date fixed under sub-section (2) for
determination of claims and objections) on the Department of Government, local
authority or Company, as the case may be, for which land is being acquired, and
require it to epute a duly authorised representative to attend the enquiry on
its behalf for the purpose of making objections (if any) to the measurement of
the land, claims to any interest in the land or the amount of any compensation.
Such authorised representative shall be party to the proceedings’
The notice shall furthermore contain a direction to the
effect that any person interested may, if he so chooses, while preferring his
claim to compensation for his interest in the land, intimate to the Collector
in writing his option that compensation be paid to him:
(a) on the basis of
the average price derived from the sale transactions in respect of which
mutations have been attested during the five years immediately preceding the
30th June, 1939, and which relate to the same class of land the same revenue
estate in which the land to be acquired is situated ; or
(b) if no mutations
of sale transactions of land in that revenue estates were attested during the
five years preceding the 30th June, 1939, then on the basis of the average
price derived from the sale transactions relating to the same class of land
about which mutations have been attested during the said period, in all the
contiguous revenue estates in the same assessment circle.
10. Power to require and enforce the making
of statements as to names and interests.— (1) The Collector may also require any such person to make or deliver
to him, at a time and place mentioned (such time not being earlier than fifteen
days after the date of the requisition), a statement containing, so far as may
be practicable, the name of every other person possessing any interest in the
land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or
otherwise, and of the nature of such interest, and of the rents and profits (if
any) received or receivable on account thereof for three years next preceding
the date of the statement.
(2) Every
person required to make or deliver a statement under this section or section 9
shall be deemed to be legally bound to do so within the meaning of sections 175
and 176 of the Pakistan Penal Code.[33][33]
Enquiry
into measurements, value and claims
and
award by the Collector.
11. Enquiry
and award by Collector.— On the day so fixed, or on any other day to which the
enquiry has been adjourned, the Collector shall proceed to enquire into the
objections (if any) which any person interested [34][34][and a Department of Government, a local
authority, or a Company, as the case may be], has stated pursuant to a notice
given under section 9 to the measurements made under section 8, and into the
value of the land [35][35][at the date of the publication of the
notification under section 4, sub-section (1)], and into the respective
interests of the persons claiming the compensation and shall make an award
under his hand of—
(i) the
true area of the land;
(ii) the
compensation which in his opinion should be allowed for the land; and
(iii) the
apportionment of the said compensation among all the persons known or believed
to be interested in the land, of whom, or of whose claims, he has information,
whether or not they have respectively appeared before him.
AMENDMENTS
West Pakistan: Between the words ‘any person interested’ and the ‘words
‘has stated’, the words and commas ‘and a Department of Government, a local
authority, or a Company, as the case may be’, shall be inserted.
(iv) the costs which, in
his opinion, should be allowed to any person who is found to be entitled to
compensation and who is not entitled to receive the additional sum of fifteen
per cent, mentioned in sub-section (2) of Section 23 as having been actually
and reasonably incurred by such person in preparing his claim and putting his
case before the Collector :
Provided that the
Collector may disallow wholly or in part the cross incurred by any person if he
considers that the claim made by such person is extravagant’.
(iv) the costs which in
his opinion, should be allowed to any person who is found to be entitled to
compensation, as having been actually and reasonably incurred by such person in
preparing, his claim and putting his case before the Collector.
The Collector may disallow, wholly or in part cost incurrent
by any person, if he considers that the claim made by such person for
compensation is extravagant
Town Improvement: The
full-stop at the end of the section shall be deemed to be changed to a
semi-colon, and the following shall be deemed to be added, namely: -
‘and
(vi) the costs which, in
his opinion, should be allowed to any person who is found to be entitled to
compensation, and who is not entitled to receive the additional sum of fifteen
per centum mentioned in sub-section (2) of Section 23, as having been actually
and reasonably incurred by such person in preparing his claim and putting his
case before the Collector.
The Collector may disallow wholly or in part, costs incurred
by any person if he considers that the claim made by such person for
compensation is extravagant’.
Soil Reclamation: In
Section 11 the conjunction ‘and’ between clauses (ii) and (iii) shall be
deleted, the full-stop at the end of clause (iii) shall be replaced by a
semi-colon followed by the conjunction ‘and’ and the following clause shall be
deemed to have been added thereafter, namely ‘(iv) the costs which, in his
opinion, should be allowed to any person who is found to be entitled to
compensation, as having been actually and reasonably incurred by such person in
preparing his claim and putting his case before the Collector’.
‘(iv) the costs which, in his
opinion, should be allowed to any person who is found to be entitled to
compensation and who is not entitled to receive the additional sum of fifteen
per cent, mentioned in sub-section (2) of Section 25 as having been actually
and reasonably incurred by such person in preparing his claim and putting his
case before the Collector :
Provided that the
Collector may disallow wholly or in part the costs incurred by any person if he
considers that the claim made by such person is extravagant.
12. Award of Collector when to be final.— (1) Such award shall be filed in the
Collector's office and shall, except as hereinafter provided, be final and
conclusive evidence, as between the Collector and the persons interested, whether
they have respectively appeared before the Collector or not, of the true area
and value of the land, and the apportionment of the compensation among the
persons interested.
(2) The Collector shall give immediate
notice of his award to such of the persons interested as are not present
personally or by their representatives when the award is made.
[36][36][12-A. Correction of mistake.— Any clerical or arithmetical mistake in the
award arising therein from any accidental slip or omission may, at any time, be
corrected by the Collector either of his own motion or on the application of
any of the parties].
13. Adjournment of enquiry.— The collector may, for any cause he thinks
fit, from time to time, adjourn the enquiry to a day to be fixed by him.
14. Power to summon and enforce attendance of
witnesses and production of documents.— For the purpose of enquiries under this Act the Collector shall have
power to summon and enforce the attendance of witnesses, including the parties
interested or any of them, and to compel the production of documents by the
same means, and (so far as may be) in the same manner, as is provided in the
case of a Civil Court under the [37][37]Code of Civil Procedure.
15. Matters to be considered and neglected.— In determining the amount of compensation
the Collector shall be guided by the provisions contained in sections 23 and
24.
AMENDMENTS
Soil Reclamation: For the
word and figures ‘and 24’ the figures, would, and letter ‘24’ and ‘24-A’,
preceded by a comma shall be deemed to be substituted;
Development.’
(Town Improvement) : Same
as for
Punjab (Thal Development):
Same as for
Taking possession
16. Power to take possession.— When the Collector has made an award under
section 11, he may, [38][38][subject to the provision of section 31],
take possession of the land, which shall thereupon [39][39][vest absolutely in the [40][40][Government]] free from all encumbrances.
[41][41][17. Special power in cases of urgency.— (1) In cases of urgency, whenever the [42][42][Executive District Officer (Revenue)] so
directs, the Collector, though no such award has been made, may, on the
expiration of fifteen days from publication of the notice mentioned in
sub-section (1) of section 9, take possession of any land needed for public
purposes or for a Company. Such land shall thereupon vest absolutely in the
Government, free from all encumbrances:
Provided that the [43][43][Executive District Officer (Revenue)] shall not
issue any direction to the Collector under this sub-section unless the
Department of Government, the local authority, or Company, as the case may be,
for which the land is being acquired, has first deposited the estimated cost of
acquisition of such land as determined by the Collector of the district,
keeping in view the provisions of sections 23 and 24.
(2) Whenever, owing to any
sudden change in the channel of any navigable river or other unforeseen
emergency, it becomes necessary for any Railway Administration to acquire the
immediate possession of any land for the maintenance of their traffic or for
the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access
to any such station, or whenever owing to a similar emergency it becomes
necessary for the [44][44][Executive District Officer (Revenue)] to acquire
the immediate possession of any land for the purposes of maintaining traffic
over a public road, the Collector may, immediately after the publication of the
notice mentioned in sub-section (1) and with the previous sanction of the [45][45][Executive District Officer (Revenue)], enter upon
and take possession of such land, which shall thereupon vest absolutely in the
Government free from all encumbrances:
Provided
that the Collector shall not take possession of any building or part of a
building under this sub-section without giving to the occupier thereof at least
forty-eight hours' notice of his intention so to do, or such longer notice as
may be reasonably sufficient to enable such occupier to remove his movable
property from such building without unnecessary inconvenience.
(3) In every case under either of the
preceding sub-sections the Collector shall at the time of taking possession
offer to the persons interested compensation for the standing crops and trees
(if any) on such land and for any other damage sustained by them caused by such
sudden dispossession and not excepted in section 24; and, in case such offer is
not accepted, the value of such crops and trees and the amount of such other
damage shall be allowed for in awarding compensation for the land under the
provisions herein contained.
(4) In cases where in the opinion of the [46][46][Executive District Officer (Revenue)], the
provisions of sub-section (1) or sub-section (2) are applicable, the [47][47][Executive District Officer (Revenue)] may
direct that the provisions of sections 5 and 5-A shall not apply, and, if he
does so direct, a declaration may be made under section 6 in respect of the
land at any time after the publication of the notification under sub-section
(1) of section 4].
17. Special power in
cases of urgency: (1) In cases o urgency, whenever the “Executive District
Officer (Revenue)” so directs, the Collector, though no such award has been
made, may, on the expiration of fifteen days from publication of the notice
mentioned in sub-section (1) of Section 9, take possession of any land needed
for public purposes or for a Company. Such land shall, thereupon vest
absolutely in the Government, free from all encumbrances;
Provided that the
“Executive District Officer (Revenue)” shall not issue any direction to the
Collector under this subsection unless the Department of Government, the local
authority, or Company, as the case may be, for which the land is being
acquired, has first deposited the estimated cost of acquisition of such land as
determined by the Collector of the district, keeping in view the provisions of
Sections 23 and 24.
(2) Whenever, owing
to any sudden change in the channel of any navigable river or other unforeseen
emergency, it becomes necessary for any Railway Administration to acquire the
immediate possession of any land for the maintenance of their traffic or for
the purpose of making thereon a river-side or ghat station, or of providing
convenient connection with or access to any such station, or whenever owing to
a similar emergency it becomes necessary for the “Executive District Officer
(Revenue)” to acquire the immediate possession of any land for. the purposes of
maintaining traffic over a public road, the Collector may, immediately after
the publication of the notice mentioned in sub-section (1) and with the previous
sanction of the “Executive District Officer (Revenue)”, enter upon and take
possession of such land, which shall thereupon vest absolutely in the
Government free from all encumbrances :
Provided that the
Collector shall not take possession of any building or part of a building under
this sub-section without giving to the occupier thereof at least forty-eight
hours notice of his intention so to do, or such longer notice as may be
reasonably sufficient to enable such occupier to remove his movable property
from such building without unnecessary inconvenience.
(3) In every case
under either of the preceding sub-sections the Collector shall at the time of
taking possession offer to the persons interested compensation for the standing
crops and trees (if any) on such land and for any other damage sustained by
them caused by such sudden dispossession a and not excepted in Section 24 and,
in case such offer is not accepted, the value of such crops and trees and the
amount of such other damage shall be allowed for in awarding compensation for
the land under the provisions herein contained.
(4) In cases where
in the opinion of the “Executive District Officer (Revenue)”, the provisions of
sub-section (1) or sub-section (2) re applicable, the “Executive District
Officer (Revenue)” may direct that the provisions of Sections 5 and 5-A shall
not apply, and, if he does so direct, a declaration may be made under Section 6
in respect of the land at any time after the publication of the notification
under sub-section (1) of Section 4
Balochistan: Same as for
Sindh: Same for
Soil Reclamation: For
Section 17 of the said Act, the following shall be deemed to have been
substituted: -.
‘17. (1) In cases where the
Board considers it expedient to take possession of any land at any time before
an award under Section 11 has been made; it shall notify this fact in writing
to the Collector intimating in addition the date by which the land is required
by it. The Collector shall after causing a notice to this effect to be served
on the person or persons interested in the land take possession of the land and
transfer it to the Board in whom it shall vest absolutely free from all
encumbrances subject its liability to pay any amount which may he incurred on
account of acquisition.
(2) The Collector
shall at the time of taking possession of land offer to the person interested
compensation for the standing crops and trees (if any) en such land and for any
other damage sustained by them on account of dispossession and not excepted in
S. 24 or 24-A; and, in case such offer is not accepted, the value of such crops
or trees and the amount of such other damages shall be allowed for while
awarding compensation for the land under the provisions herein contained.
‘(5) The provisions of
sub-sections (1) and (3) shall apply in the case of any area which is stated in
a certificate granted by a Magistrate of the First Class to be unhealthy.
(6) Before granting
any such certificate, the Magistrate shall cause notice to be served as
promptly as my be on the person referred to in sub-section (3) of Section 9 and
shall hear without any avoidable delay any objections which may be urged by
him.
(7) When
proceedings have been taken under this section for the acquisition of any land
and any person sustains damage in consequence of being suddenly dispossessed of
such land, compensation shall be paid to such person for such dispossession’
Town Improvement: In
sub-section (3) of Section 17 of the said Act, after the figures ‘24’ the
words, figures and letter ‘or Section 24-A’ shall be deemed to be inserted
(2) To Section 17 the following shall be deemed to be added,
namely:
‘(4) Sub-sections (1) and
(3) shall apply also to any area certified to be unhealthy by any Magistrate of
the First Class.
(5) Before granting
any such certificate, the Magistrate shall cause notice to be served as
promptly as may be on the persons referred to in sub-section (3) of Section 9,
and shall hear without any avoidable delay any objections which may be urged by
them.
(6) When
proceedings have been taken under this section for the acquisition of any land,
any person sustains damage in consequence of being suddenly dispossessed of
such land, compensation shall be paid to such person for such dispossession’
‘17. (1) In cases where the
Authority considers it expedient to take possession of the land at any time
before an award under Section 11 of the Land Acquisition Act has been made it
shall notify this fact in writing to the Collector intimating in addition the
date by which the land is required by it.’ The Collector shall after causing a
notice to this effect to be served on the person interested to take possession
of the land and transfer it to the Authority in whom it shall vest absolutely
free from all encumbrances subject to its liability to pay any amount which may
be incurred on account of acquisition.
(2) The Collector shall
at the time of taking possession of land offer to the persons interested
compensation for the standing crops and trees (if any) on such land and for any
other damages sustained by them on account of dispossession and not excepted in
Section 24 or 24-A;
and, in case such offer is not accepted, the value of such
crop or trees and the amount of such other damage shall be allowed for in
awarding compensation for the land under the provisions herein contained.
Quetta Development: (1) In
sub-section (3) of Section 17 of the Act after the word and figures’ Section
24’ the words, figures and letter ‘or Section 24-A’ shall be deemed to be
inserted.
(2) After
sub-section (4) of Section 17 of the Act, the following sub-section shall be
deemed to be inserted, namely: -
(5) The provisions of
sub-sections (1) and (3) shall apply in the case of any area which is stated in
a certificate granted by a Magistrate of the First Class to be unhealthy.
(6) Before granting
any such certificate, the Magistrate shall cause notice to be served as
promptly as may be on the person referred to in sub-section (5) of Section 9
and shall hear without any avoidable delay any objections which may be urged by
him.
(7) When
proceedings have been taken under this section for the acquisition of any land
and any person sustains damage in consequence of being suddenly dispossessed of
such land, compensation shall be paid to such person for such dispossession.
Court Decisions
17-A. In every case
referred to in Section 16 or Section 17, the Collector shall, upon payment of
the cost of acquisition, make over charge of the land to the Trust ; and the
land shall thereupon vest in the Trust subject to the liability of the Trust to
pay and further costs which may be incurred on account of its acquisition’
‘17-A. In every case
referred to in Section 16 the Collector shall, upon payment or tender or
compensation for acquisition, make over charge of the land to the Authority and
the land shall thereupon vest in the Authority, subject to the liability of the
Authority to pay any further compensation or costs which may be incurred on
account of its acquisition’
17-B. Notwithstanding anything to the contrary contained in this
Act, if the Authority has given an undertaking as contemplated by sub-section
(4) of Section 36 of the Thal Development Act, 1949, in respect of any land,
the compensation payable in respect of such land shall be equivalent to the
‘Net income’ from the period that the land remains in the possession of the
Authority’.
PART III
REFERENCE
TO COURT AND PROCEDURE THEREON
18. Reference
to Court.— (1) Any person interested who has not accepted the award may, by
written application to the Collector, require that the matter be referred by
the Collector for the determination of the Court, whether his objection be to
the measurement of the land, the amount of the compensation, the person to whom
it is payable, or the apportionment of the compensation among the persons
interested.
(2) The application shall state the grounds
on which objection to the award is taken:
Provided
that every such application shall be made,—
(a) if
the person making it was present or represented before the Collector at the
time when he made his award, within six weeks from the date of the Collector's
award;
(b) in
other cases, within six weeks of the receipt of the notice from the collector
under section 12, sub-section (2) or within six months from the date of the
Collector's award, whichever period shall first expire.
[48][48][(3) Notwithstanding
anything to the contrary contained in section 21, the Provincial Government
may, if it has not accepted the award, refer the matter to the Court within a
period of six months from the date of announcement of the award ; provided that
the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry into and
determination of the objection against the award].
AMENDMENTS
(3)
‘Notwithstanding anything to the contrary contained in Section 21, the
Provincial Government may, if it has not accepted the award, refer the matter
to the Court within a period of six months from the date of announcement of the
award; provided that the Court shall not entertain the reference unless in its
opinion there is a prima facie case for inquiry into and determination of the
objection against the award’.
Note- This amendment
extends to the whole of the Province of West Pakistan, except the Districts of
Compbellpur, Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum, Jhang, Lahore,
Faisalabad, Mianwali, Muzaffarabad, Rawalpindi, Sahiwal, Sargodha, Sheikhupura
and Sialkot and the Tribal Areas.
‘Any person interested who has not accepted the award of the
Board may be written application to the Collector, require that the matter be
referred by the Collector, for determination of the court, whether his or its
objection be to the measurement of the land, the amount of compensation, the
persons to whom it is payable or the appointment of the compensation among the
persons interested, amount or costs allowed’.
N.W.F.P.: In sub-section
(3) shall be omitted.
The following sub-section (4) shall be added, namely:
‘(4) Notwithstanding
anything to the contrary contained in Section 21, the Provincial Government
may, if it has not accepted the award, refer the matter to the Court within a
period of six months from the date of announcement of the award:
Provided that the Court
shall not entertain the reference unless in its opinion there is a prima facie
case for inquiry and determination of the objection against the award’
(2) The full-stop at the end of sub-section (1) of
Section 18 of the said Act shall be deemed to be changed to a comma,, and the
words ‘or the amount of costs allowed’ shall be deemed to be added.
Town Improvement: The
full-stop at the end of sub-section (1) of Section 18 shall be deemed to be
changed to a comma, and the words ‘or the amount of the costs allowed’ shall be
deemed to be added.
N.W.F.P. Section 18-A
omitted by, N.W.F.P. Ordinance, 16 of 1978 S. 3 w.e.f. 31.8.1978.
Court Decisions
19. Collector's
statement to the Court.— (1) In making the reference, the Collector shall state
for the information of the Court, in writing under his hand,—
(a) the
situation and extent of the land, with particulars of any trees, building or
standing crops thereon;
(b) the
names of the persons whom he has reason to think interested in such land;
(c) the
amount awarded for damages and paid or tendered under sections 5 and 17, or
either of them and the amount of compensation awarded under section 11; and
(d) if
the objection be to the amount of the compensation, ground on which the amount
of compensation was determined.
(2) To the said statement shall be attached
a schedule giving the particulars of the notices served upon, and of the
statements in writing made or delivered by the parties interested respectively.
West
Pakistan: In clause (c) of sub-section (1)
of Section 19 of the said Act, for the words and figures ‘Sections 5 and 17’
the words, figures and brackets ‘sub-section (3) of Section 4 and Section 2’
shall be substituted and shall be deemed to have been so substituted on the
seventh days of April, 1954
‘Town Improvement: After the words ‘amount of compensation’ in clause (c) of
Section 19 of the words ‘and of costs (if any)’ shall be deemed to be inserted
Same as
for
West
Pakistan (Soil Reclamation): Same as for
Respondents filed second
objection petition before Collector on 14.11.1972 but it was Collector who
forwarded same to
20. Service of notice.— The Court shall thereupon cause a notice
specifying the day on which the Court will proceed to determine the objection,
and directing their appearance before the court on that day, to be served on
the following persons, namely:-
(a) the
applicant;
(b) all
persons interested in the objection, except such (if any) of them as have
consented without protest to receive payment of the compensation awarded; and
(c) if
the objection is in regard to the area of the land or to the amount of the
compensation, the Collector, [49][49][and the Department of Government, local
authority or Company, as the case may be, for which land is being acquired].
West Pakistan: In clause (c), between the
word ‘Collector’ and the full-stop at the end, the words and commas’ and the
Department of Government, local authority or Company, as the case may be, for
which land is being acquired’ shall be inserted.
(2) Between the word
‘Collector’ and the full-stop at the end of Section 20 the words ‘and the
Board’ shall be deemed to have been added.
(3) The existing Section
20 of the said Act shall be numbered as sub-section (1) of Section 20, and the
following sub-section shall be deemed to have been added: -
‘(2) The Board or any person to
whom a notice is issued under clause (b) or (c) of subsection (1) may support
the award and may also take any cross-objection which could have been taken by
making an application for reference provide such objection is filed within one
months from the date of service of notice under this section or within such
further time as the Tribunal may see tit to allow.
(3) The provisions of the Code
of Civil Procedure, 1908, relating to cross-objections filed under that Code
shall, so far as may apply to the cross-objections filed under this Section
Town Improvement:
After the words ‘amount of the compensation’ in clause (c) of
Section 20 of the said Act, the words ‘or costs’ shall be deemed to be inserted
Same as for
21. Restriction on scope of proceedings.— The scope of the inquiry in every such
proceeding shall be restricted to a consideration of the interests of the
persons affected by the objection.
22. Proceedings in open Court.— Every such proceeding shall take place in
open Court, and all persons entitled to practise in any
AMENDMENTS
"22-A. Cross-objection: The Provincial Government or a
local authority or a company for which land is being acquired, may lodge a
cross-objection to the objection made by any person interested and the Court
may reduce the amount awarded by the Collector if it considers it just and
proper’.
[50][50][22-A. Cross objection.— The Provincial Government, or a local
authority or a Company for which land is being acquired, may lodge a cross
objection to the objection made by any person interested and the Court may
reduce the amount awarded by the Collector if it considers it just and proper].
23. Matters to be considered in determining
compensation.— (1) In
determining the amount of compensation to be awarded for land acquired under
this Act, the Court shall take into consideration—
first,
the market-value of the land
at the date of the publication of the [51][51][notification under section 4, sub-section
(1)].
[52][52][Explanation—
For the purpose of determining the market-value, the Court shall take into
account transfer of land similarly situated and in similar use. The
potential-value of the land to be acquired if put to a different use shall only
be taken into consideration if it is proved that land similarly situated and
previously in similar use has, before the date of the notification under
sub-section (1) of section 4, been transferred with a view to being put to the
use relied upon as affecting the potential value of the land to be acquired:
Provided that—
(i) if the market-value has been
increased in consequence of the land being put to a use which is unlawful or
contrary to public policy that use shall be disregarded and the market-value
shall be deemed to be the market-value of the land if it were put to ordinary
use; and
(ii) if the market-value of any building has been increased in
consequence of the building being so overcrowded as to be dangerous to the
health of the inmates, such overcrowding shall be disregarded and the
market-value shall be deemed to be the market-value of the building if occupied
by such number of persons only as can be accommodated in it without risk of
danger to health from overcrowding].
secondly, the damage sustained by the person
interested, by reason of the taking of any standing crops or trees which may be
on the land at the time of the Collector's taking possession thereof;
thirdly,
the damage (if any) sustained
by the person interested, at the time of the Collector's taking possession of
the land, by reason of severing such land from his other land;
fourthly, the damage (if any) sustained by the person
interested, at the time of the Collector's taking possession of the land, by
reason of the acquisition injuriously affecting his other property, movable or
immovable, in any other manner, or his earnings;
fifthly, if, in consequence of the acquisition of the
land by the Collector, the person interested is compelled to change his
residence or place of business, the reasonable expenses (if any) incidental to
such change; and
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land
between the time of the publication of the declaration under section 6 and the
time of the Collector's taking possession of the land.
[53][53][(2) In
addition to the market-value of the land as above provided, the Court shall
award a sum of fifteen per centum on such market-value, in consideration of the
compulsory nature of the acquisition, if the acquisition has been made for a
public purpose and a sum of twenty-five per centum on such market-value if the
acquisition has been made for a Company].
AMENDMENTS
Explanation: For the purposes of determining the
market-value, the Court shall take into account transfers of land similarly
situated and in similar use. The potential value of the land to be acquired if
put to a different use shall only be taken into consideration if it is proved
that land similarly situated and previously in similar use has, before the date
of the notification under subsection (1) of Section 4, been transferred with a
view to being put to the use relied upon as effecting the potential value of
the land to be acquired:
Provided that-
(i) If the
market-value has been increased in consequence of the land being put to a use
which is unlawful or contrary to public policy, that use shall be disregarded
and the market-value shall be deemed to be the market-value of the land if it
were put to ordinary use ; and
(ii) If the market-value
of any building has been increased in consequence of the building being so
overcrowded as to be dangerous to the health of the inmates, such overcrowding
shall be disregarded and the market-value shall be deemed to be the
market-value of the building if occupied by such number of persons only as can
be accommodated in it without risk of danger to health from overcrowding’, and
(b) For sub-section
(2), the following sub-section shall be substituted, namely: -
‘(2) In addition to the
market-value of the land as above provided, the Court shall award a sum of
fifteen per centum on such market-value, in consideration of the compulsory
nature of the acquisition, if the acquisition has been made or a public purpose
and a sum of twenty-five per centum on such market-value if the acquisition has
been made for a Company’
West Pakistan (Soil Reclamation): In sub-section (1) of S. 23, the words, figures and brackets
‘ the date of the publication of the notification under Section 4, sub-section
(1)’ occurring in clause first and the words and figures ‘the time of the
publication of the declaration under Section 6’ occurring in clause sixth,
shall be deemed to have been replaced by the words ‘such date as Government may
declare’.
(2) For the
existing sub-section (2) of Section 23 of the said Act, the following shall be
deemed to have been substituted, namely: -
‘(2) For the purposes of
clause ‘first’ of sub-section (1) of this section the market-value of the land
shall be determined on the basis of the average net income of that land for the
five years preceding the date. declared by Government under sub-section (1) of
this section :
Provided that if that land
or any portion of it has not been cultivated, the net income of such land or
portion in that year, shall be taken to be four times the land revenue assessed
thereon, or, if no land revenue has been so assessed, three limes the lowest
rate of land revenue assessed on neighbouring land:
Provided further that in respect of land which is situated in a town or village
abadi or land which is attached to a house, manufactory, or other building and
is reasonably required for the ‘ enjoyment and use of the house, manufactory or
building, the market-value shall be the market-value according to the use to
which the land was being put on the date declared by Government under
subsection (1) of this Section.’-
‘First,
the market-value of the land at the date of the first publication of the notice
under Article 45 of the Karachi Development Authority Order, 1957.
Sixthly,
the damage (if any) bona fide resulting from diminution of the profits of the
land between the date referred to in clause first and the date on which the
Collector takes possession of the land’.
(2) In the same section,
to sub-section (2), the following proviso shall be deemed to be added, namely:
-
‘Provided that this sub-section shall not apply to any land acquired under the
Karachi Development Authority Order, 1957.’
(3) In the same
section, after sub-section (2), the following sub-section shall be deemed to be
added, namely: -
(4) For the purpose
of clause first of sub-section (1) of the section--
(a) If the
market-value of the land has been increased or decreased owing to the land
falling with or near to the alignment of a projected public street, so much of
the increase or decrease as may be due to such cause shall be disregarded ;
(b) If any person,
otherwise than in accordance with the provisions of the Karachi Development
Order, 1957 ; erects, re-erects, added to or alters any wall or building so as
to make, the same project into the street alignment or beyond the building line
prescribed by any scheme made under that Order, that, any increase in the
market-value resulting from such erection, re-erection, addition or alteration
shall be disregarded ;
(c) If the
market-value is exceptionally high in consequence of the land being put to a
use which is unlawful or contrary to public policy, that use shall be
disregarded and the market-value shall be deemed to be the market-value of land
if put to an ordinary use;
(d) If the market-value
of any building is exceptionally high in consequence of the building being so
overcrowded, as to be dangerous to be health to the inmates, such overcrowding
shall be disregarded, and the market-value shall be deemed to be the
market-value of the building if occupied by such number of persons only as
could be accommodated in it without overcrowding:
Provided that clause (d)
shall not apply in the case of a building which is in the actual occupation of
the owner or his family.
(e) The
market-value of the land shall be the value according to the use to which the
land was put at the date with reference to which the market-value is to be
determined;
(f) If the
market-value has been increased by any improvement made by the owner or his
predecessor within two years before the aforesaid date such increase shall be
disregarded unless it is proved that the improvement so made was made in good
faith and in contemplation of proceedings’ for the acquisition of the land
being taken under this Act;
(g) When the owner
of land or building has, after the commencement of the Karachi Development Authority
Order, 1957, and within the two years next preceding the date with reference to
which the market-value is to be determined, made a return under the City of
Karachi Municipal Act, 1933, of the aforesaid land or building the rent in such
cases shall not be deemed to be greater than the rent shown in the lastest
return so made and the market-value shall be. determined on the basis of such
return :
Provided that where
addition to or improvement of, such land or building has been made after the
date of such return but previous to the date with reference .to which the
market-value is to be determined, the Court may consider any increase in the
letting value due to such addition or improvement’
Punjab (Thal Development):
(1) In clause first of sub-section (1) of Section 23, for the words ‘at the
date of publication of the notification under Section 4, sub-section (1)’ and
in clause sixth for words ‘the time of the publication of the declaration under
Section 6’ shall be deemed to be substituted by the words ‘on 16th June, 1949’.
(2) The following
shall be deemed to have been added under sub-section (1) of Section 23 of the
said Act :
‘Seventhly, any payment made
under the Punjab Thal (Increase in Value) Act, 1940, as amended by Punjab Thal
(Increase in Value) (Amendment) Act, 1949’.
(3) For sub-section
(2) of Section 23 of the said Act the following shall be deemed to have been
substituted, namely:
‘(2) For the purpose of clause
‘first’ of sub-section (1), the market-value of the land shall be deemed to be
20 times the annual net income from such land subject to the following
provisions:
Proviso 1: If any person
interested exercises the option to claim compensation as provided in
sub-section (2) of Section 9 of this Act as amended by the Thal Development
Act, 1949, market-value so far s his interest in the land is concerned, shall
be assessed accordingly.
Proviso 2: In
respect of the land which is situated within the limits of a Municipal
Committee, Small Town Committee, Notified Area Committee, or recorded village
abadi of revenue estate, or which is attached to a house, manufactory or other
building and is reasonably required for the enjoyment and use of such house,
manufactory or building, the market-value shall be the market-value according
to the use to which the land was put at the time of the publication of the
first notice under Section 22 of the Thal Development Act, 1949, or the issue
of the notification under Section 36 of that Act, whichever is earlier.
Town Improvement: In
clause first and clause sixthly of sub-section (1) of Section 23 of the said
Act, for the words ‘publication of the declaration relating thereto under
Section 6’ and the words ‘publication of the declaration and Section 6’ shall
be deemed to be substituted-
(a) if the land is
being acquired under sub-section (4) of Section 32 of this Act the words ‘issue
of the notice under sub-section (3) of Section 32 of the Town Improvement Act,
1922’ and
(b) in any other
case, the words ‘first publication of the notification under Section 36 of the
Town Improvement Act, 1922’.
(2) The full-stop
at the end of sub-section (2) of Section 23 of the said Act shall be deemed to
be changed to a colon and the following proviso shall be deemed to be added:
‘Provided that this
sub-section shall not apply to any land acquired under the Town Improvement
Act, 1922.’
(3) At the end of
Section 23 of the said Act, the following shall be deemed to be added namely: -
‘(3) For the purposes of
clause first of sub-section (1) of this section-
(a) the
market-value of the land shall be the market-value according to the use of
which the land was put at the date with reference to which the market-value is
to be determined under that clause ;
(b) if it be shown that
before such date, the owner of the land had in good faith taken active ‘steps
and incurred expenditure to secure a more profitable use of the same, further
compensation based on his actual loss may be paid to him ;
(c) if any person
without the permission of the Trust required by sub-section (1) of Section 31
of the Town Improvement Act, 1922, has erected, re-erected, added to or altered
any building or well so as to make the same project beyond a street alignment
or building line duly prescribed by the Trust then any increase in the
market-value resulting from such erection, re-erection, addition or alteration
shall be disregarded :
(d) if the market-value
has been increased by means of any improvement made by the owner or his
predecessor-in-interest within two years before the aforesaid date, such
increase shall be disregarded unless it be proved that the improvement so made
was made in good faith and not in contemplation of proceedings for the
acquisition of the, land being taken under the Town Improvement Act, 1922 ;
(e) if the market-value
is specially high in consequence of the land being put to a use which’ is
unlawful or contrary to public policy, that use shall be. disregarded, and the
market-value shall be deemed to be the market-value of the land if put to
ordinary use ; and
(f) when the owner
of the land or building has after the passing of the Town Improvement Act,
1922, and within two years preceding the date with reference to which the
market-value is to be determined-, made a return under any enactment in force
of the rent of the land or building, the rent of the land or building shall not
in any case be deemed to be greater then the rent shown in the lastest return
so made save as the Court may otherwise direct, and the market-value may be
determined on the basis of such rent :
Provided that where any
addition to, or improvement of, the land or building has been made after the
date of such latest return and previous to the date with reference to which the
market-value is to be determined the Court may take into consideration any
increase in the letting-value of the land due to such addition or improvement.
‘first,
the market-value of the land at the date of the first publication of the notice
under Section 47 of the Quetta Development Authority Ordinance, 1977.
Sixthly,
the damage (if any) bona fide resulting from diminution of the profits of the
land between the date referred to in clause first and date on which the
Collector takes possession of the land’.
2. In the same section, to sub-section (2), the following
provision shall be deemed to be added, namely:-
‘Provided that this sub-section shall not apply to any land
acquired under the Quetta Development Authority Ordinance, 1977.’
3. In the same section, after sub-section (2), the following
sub-section shall be deemed to be added, namely:-
(5) For the purpose of clause first of sub-sectional) of this section---
(a) if the market-value of the
land has been increased or decreased owing to the land falling with or near to
the alignment of projected public street to’ such of the increase or decrease
as may be due to such cause shall be disregarded ;
(b) if any person,
otherwise than in accordance with the provisions of the Quetta Development
Authority Ordinance, 1977 erects re-erects, adds to or alters any wall or
building so as to make, the same project into the street alignment or beyond
the building line prescribed by any scheme made under that Ordinance, then any
increase in the market-value resulting from such erection, re-erection, addition
or alteration, shall be disregarded;
(c) if the market value,
is exceptionally high in consequence of the land being put to a use which is
unlawful or contrary to public policy, that use shall be disregarded and the
market value .shall be deemed to be the market-value of the land if put to an
ordinary use ;
(d) if the market value
of any building is exceptionally high in consequence of the building being so
overcrowded as to be dangerous to the health of the inmates, such overcrowding
shall be disregarded, and the market-value shall be deemed to be the
market-value of the building if occupied by such number of persons only as
could be accommodated in it without overcrowding :
Provided that clause (d) shall not apply in the case of a building which is in
the actual occupation of the owner or his family ;
(e) the market-value of
the land shall be the value according to the use to which the land was put at
the date with reference to which the market value is to be determined ;
(f) if the market
value has been increased by any improvement made by the owner or his
predecessor within two years before the aforesaid date such increase shall be
disregarded unless it is provided that the improvement so made was made in good
faith and not in contemplation of proceedings for the acquisition of the land
being taken under this Ordinance :
(g) when the owner of
land or building has, after the commencement of the Quetta Development
Authority Ordinance, 1977 and within the two years next preceding the date with
reference to which the market-value, is to be determined, made a return under
the Municipal Act, is the aforesaid land or building the rent in such cases
shall not be deemed to be greater than the rent shown in the latest return so made
and the market value shall be determined on the basis of such return:
Provided that where
addition to, or improvement of, such land or building has been made after the
date of such return but previous to he date with reference to which the market
value is to be determined, the Court may consider any increase in the letting
value due to such addition or improvement.
Court Decisions
Factors to be considered :-
Market value has been described as what a willing purchaser
would pay to the willing seller—for assessing the market value, it is also
essential to look into the location of he land in question, potentiality and
the sale price of similar kind of land in vicinity at the relevant time—PLD
2003 SC 480
24. Matters to be neglected in determining
compensation.— But the Court
shall not take into consideration—
first,
the degree of urgency which
has led to the acquisition;
secondly,
any disinclination of the
person interested to part with the land acquired;
thirdly,
any damage sustained by him
which, if caused by a private person, would not render such person liable to a
suit;
fourthly,
any damage which is likely
to be caused to the land acquired, after the date of the publication of the
declaration under section 6, by or in consequence of the use to which it will
be put;
fifthly,
any increase to the value of
the land acquired likely to accrue from the use to which it will be put when
acquired;
sixthly,
any increase to the value of
the other land of the person interested likely to accrue from the use to which
the land acquired will be put ; or
seventhly,
any outlay or improvements
on, or disposal of, the land acquired, commenced, made or effected without the
sanction of the Collector after the date of the publication of the [54][54][notification under section 4, sub-section
(1)].
AMENDMENTS
‘seventhly, any outlay on
additions to improvements to land acquired, which was incurred after the date
with reference to which the market value is to be determined, unless such
additions or improvements were necessary for the maintenance of any building in
a proper state of repair’
Town Improvement : Same as
for
‘seventhly, any outlay on
additions or improvements to land acquired, which was incurred after the date
with reference to which the market value is to be determined, unless it is
proved that these were necessary to keep the land in a fit state to command the
profits accruing on the said date and were made in good faith and not in
contemplation of proceedings for compulsory requisition.’
Same as for
25. Rules as to amount of compensation.— (1) When the applicant has made a claim to
compensation, pursuant to any notice given under section 9, the amount awarded
to him by the Court shall not exceed the amount so claimed [55][55][* * *].
(2) When the applicant has refused to make
such claim or has omitted without sufficient reason (to be allowed by the
Judge) to make such claim, the amount awarded by the Court shall in no case
exceed the amount awarded by the Collector.
(3) When the applicant has omitted for a
sufficient reason (to be allowed by the Judge) to make such claim, the amount
awarded to him by the Court shall not be less than, and may exceed, the amount
awarded by the Collector.
AMENDMENTS
N.W.F.P.: For sub-section
(3) the following sub-section shall be substituted and shall be deemed to have
always been so substituted, namely: -
‘(3) When the applicant
his omitted for a sufficient reason (to be allowed by the Judge) to make such
claim, the amount awarded to him by the Court may exceed the amount awarded by
the Collector.
(2) The following
shall be deemed to be added as sub-section (4) of Section 25.
‘(4) The Court shall be
competent to award an amount less than that awarded by the Collector, if, after
consideration of any reference or cross-objection, it is of the opinion that
the amount awarded by the Collector is excessive’
West Pakistan (Soil Reclamation): Same as for
26. Form of
awards.—
[56][56][(1)] Every award under this part shall be in
writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23,
and also the amounts (if any) respectively awarded under each of the other
clauses of the same sub-section, together with the grounds of awarding each of
the said amounts.
[57][57][(2) Every
such award shall be deemed to be a decree and the statement of the grounds of
every such award a judgement within the meaning of section 2, clause (2), and
section 2, clause (9), respectively, of the Code of Civil Procedure, 1908[58][58]].
27. Costs.— (1) Every such award shall also state the amount of costs incurred in
the Proceedings under this part, and by what persons and in what proportions
they are to be paid.
(2) When the award of the Collector is not
upheld, the costs shall ordinarily be paid by the Collector, unless the Court
shall be of opinion that the claim of the applicant was so extravagant or that
he was so negligent in putting his case before the Collector that some
deduction from his costs should be made or that he should pay a part of the
Collector's costs.
28. Collector may
be directed to pay interest on excess compensation.— If the sum which, in
the opinion of the Court, the Collector ought to have awarded as compensation
is in excess of the sum which the Collector did award as compensation, the
award of the Court may direct that the Collector shall pay [59][59][compound interest on such excess at the rates of
eight per centum] per annum from the date on which he took possession of the
land to the date of payment of such excess into Court.
[60][60][Provided that in all cases where the Court
has directed that Collector shall pay interest on such excess at the rate of
six per centum from the date on which possession was taken and the payment of
compensation or a part thereof has not been made up to the commencement of the
Land Acquisition (West Pakistan Amendment) Act, 1969, the rate of compound
interest on such excess on balance shall be eight per centum].
AMENDMENTS
‘Provided that in all cases where the Court has directed that
Collector shall pay interest on such excess at the rate of six per centum from
the date on which possession was taken and the payment of compensation or a
part thereof has not been made up to the commencement of the Land Acquisition
(West Pakistan Amendment) Act, 1969, the rate of compound interest on such
excess or balance shall be eight per centum’.
Sindh:
Where a Court has directed payment of interest on any amount
of compensation payable under the Land Acquisition Act, 1894 (Act I of 1894),
at a rate exceeding six per centum simple interest per annum, interest shall be
payable on such amount, notwithstanding any judgment, decree or order of the
Court at six per centum simple interest per annum.
Court Decisions
Import, scope and object—Government
or other acquiring agencies often avoid or delay payment of compensation to
landowners who keep on litigating for decades—Legislature, by incorporating S.
28-A in land Acquisition Act, 1894, intended to compensate such landowners by
providing additional compensation and at the same time to deter acquiring
agencies from delaying the payment—Landowner under S. 28-Aof land Acquisition
Act, 1894, cannot take a premium on the basis of the entire amount of
compensation inclusive of amounts already pocketed by him. PLD 2003 Kar. 174
Interest on amount of compensation awarded :-Where amount awarded qua compensation of acquired land was
neither paid nor deposited on or before taking possession of the land,
Authority was bound to pay interest to the owners of the acquired land from the
date of possession of such land. 2000 Y L R 1123 1990 CLC 718 ref.
Words “additional compensation”—Payment of additional
compensation is required under S. 28-A of land Acquisition Act, 1894, by way of
an additional amount of fifteen per cent. Per annum from the date of
notification under S. 4 of Land Acquisition Act, 1894, till the date of notification
under S. 4 of Land Acquisition Act, 1894, till the date of payment—Though the
words “additional compensation” have been used, it is clear that such
compensation is not payable by way of consideration for acquisition of land
itself. PLD 2003 Kar. 174
Interest payable on enhanced compensation
award :- Such an interest under S.28 of Land
Acquisition Act, 1894, was like the interest payable under-34 of Land
Acquisition Act, 1894, and the same was not a part of compensation for the
acquisition of the land in the sense that it was a quid pro quo for the value
of the land taken---No court fee was payable under S.51 of Land Acquisition
Act, 1894, on the interest payable on enhanced compensation award, in
circumstances. 2000 Y L R 1123 AIR 1972
Principle of past and closed transaction—Dispute was with regard to the payment of additional
compensation under S. 28-A of Land Acquisition Act, 1894 regarding the land
acquired in the year 1960—Authorities refused to pay additional compensation on
the ground that the landowners had received certain portion of compensation and
the matter had become past and closed transaction—Whenever land owner received
part of the compensation payable or even the entire amount due at a particular point
of time, the matter would not become past and closed transaction and the
provisions of S. 28-A of Land Acquisition Act, 1894, would not become
inapplicable as the same was not a case of a live or dead issue—Question of
amount of compensation payable from the date of notification under S. 4 of Land
Acquisition Act, 1894, till the entire amount of compensation was determined
was a single transaction and additional compensation under S. 28-A of Land
Acquisition Act, 1894, would have to be calculated by bifurcating the unpaid
amount from that which had already been paid to landowner—Additional
compensation was to be calculated only on the basis of the unpaid amount in
view of proper construction of S. 28-A of the Act—Landowners were entitled to
receive the additional compensation under S. 28-A of Land Acquisition Act, 1894
for the unpaid amount of the compensation from the date of notification under
S. 4 of Land Acquisition Act, 1894 till the final payment of the compensation
was made to them. PLD 2003 Kar. 174
PART IV
APPORTIONMENT
OF COMPENSATION
29. Particulars of
apportionment to be specified.— Where there are several persons interested, if such
persons agree in the apportionment of the compensation, the particulars of such
apportionment shall be specified in the award, and as between such persons the
award shall be conclusive evidence of the correctness of the apportionment.
30. Dispute as
to apportionment.— When the amount of compensation has been settled under section 11, if
any dispute arises as to the apportionment of the same or any part thereof, or
as to the persons to whom the same or any part thereof is payable, the
Collector may refer such dispute to the decision of the Court.
PART V
PAYMENT
[61][61][31. Payment of compensation or deposit
of the same in Court.— (1)
When the Collector has made an award under section 11—
(a) if the persons interested entitled to
compensation under the award and the Provincial Government accept the award and
intimate their acceptance in writing to the Collector before the expiry of the
period prescribed in sub-section (2) of section 18 for making an application to
the Collector for referring the award to the Court, or in sub-section (3) of
the said section for referring the award to the Court by the Provincial
Government, whichever is later, or if the period specified in sub-section (2) of
the said section for making an application to the Collector or in sub-section
(3) for referring the award to the Court has expired and no such application or
reference has been made, the Collector shall, before taking possession of the
land, tender payment of the full amount of compensation awarded by him to the
persons entitled thereto according to the award, and shall pay it to them
unless prevented by some one or more of the contingencies mentioned in
sub-section (2);
(b) if the persons interested entitled to
compensation under the award or the Provincial Government object to the award
and an application has been made to the Collector under sub-section (2) of
section 18 for referring the award to the Court or the award has been referred
to the Court by the Provincial Government under sub-section (3) of that
section, the Collector shall, before taking possession of the land, tender
payment of the compensation awarded by him or the estimated cost of acquisition
of such land as determined by the Collector of the district under sub-section
(1) of section 17, whichever is less, to the persons entitled thereto under the
award and shall pay it to them unless prevented by some one or more of the
contingencies mentioned in sub-section (2):
Provided
that no payment under clause (b) shall be made until the person entitled to
compensation furnishes to the satisfaction of the Collector a security for
refund of the amount, if any, which may subsequently be found to be in excess
of the compensation awarded to him by the Court].
(2) If they shall not consent to receive it,
or if there be no person competent to alienate the land, or if there be any
dispute as to the title to receive the compensation or as to the apportionment
of it, the Collector shall deposit the amount of the compensation in the Court
to which a reference under section 18 would be submitted:
Provided
that any person admitted to be interested may receive such payment under
protest as to the sufficiency of the amount:
Provided
also that no person who has received the amount otherwise than under protest
shall be entitled to make any application under section 18:
Provided
also that nothing herein contained shall affect the liability of any person,
who may receive the whole or any part of any compensation awarded under this
Act, to pay the same to the person lawfully entitled thereto.
(3) Notwithstanding anything in this section
the Collector may, with the sanction of the [62][62][Executive District Officer (Revenue)]
instead of awarding a money compensation in respect of any land, make any
arrangement with a person having a limited interest in such land, either by the
grant of other lands in exchange, the remission of land-revenue on other lands
held under the same title, or in such other way as may be equitable having
regard to the interests of the parties concerned.
(4) Nothing in the last foregoing
sub-section shall be construed to interfere with, or limit the power of the
Collector to enter into any arrangement with any person interested in the land
and competent to contact in respect thereof.
AMENDMENTS
(1) When the
Collector has made an award under Section 11.
(a) If the persons
interested is entitled to compensation under the award and the Provincial
Government accept the award and intimate their acceptance in writing to the
Collector before the expiry of the period prescribed in sub-section (2) of
section 18 for making an application to the Collector for referring the award
to the Court, or in sub-section(3) of the said section for referring the award
to the Court by the Provincial Government, whichever is later; or if the period
specified ins sub-section (2) of the said section for making an application to
the Collector or in sub-section (3) for referring the award to the Court has
expired and no such application or reference has been made, the Collector
shall, before taking possession of the land, tender payment of the full amount
of compensation awarded by him to the persons entitled thereto according to the
award, and shall pay it to them unless prevented by someone or more of the
contingencies mentioned in sub-section (2).
(b) If the persons
interested entitled to compensation under the award or the Provincial
Government object to the award and an application has been made to the
Collector under sub-section (2) of Section 18 for referring the award to the
Court, or the award has been referred to the Court by the Provincial Government
under sub-section (3) of that section, the Collector shall, before taking
possession of the land, tender payment of the compensation awarded by him or
the established cost of acquisition of such land as determined by the Collector
of the district under sub-section (1) of S. 17, whichever is less, to the
persons entitled thereto under the award and shall pay it to them unless
prevented by someone or more of the contingencies mentioned in sub-section (2)
:
Provided that no payment
under clause (b) shall be made until the person entitled to compensation
furnishes to the satisfaction of the collector a security for refund of the
amount, if any, which may subsequently be found to be in excess of the
compensation awarded to him by the Court.’’
In sub-section (3) for ‘Provincial Government’ substitute
‘“Executive District Officer (Revenue)”.’
Balochistan: Same as for
N.W.F.P.: For sub-section
(1), the following sub-section shall be substituted, namely:
(1) When the
Collector has made an award under Section 11-
(a) if the persons
interested entitled to compensation under the award and the Provincial
Government accept the award and intimate their acceptance in writing to the
Collector before the expiry of the period prescribed in sub-section (2) of
Section 18 for making an application to the Collector for referring the award
to the Court or in sub-section (4) of the section for referring the award to
the Court by the Provincial Government, whichever, is later, or if the period
specified in sub-section (2) of the said section for making an application to
the Collector or in sub-section (4) for referring the award to the Court has
expired and no such application or reference has been made, the Collector
shall, before taking possession of the land, tender payment of the full amount
of compensation awarded by him to the person entitled thereto according to the
award, and shall pay it to them unless prevented by some one or more of the
contingencies mentioned in sub-section (2) ;
(b) if the persons
interested entitled to compensation under the award or the Provincial
Government object to the award and an application has been made to the
Collector under sub-section (2) of Section 18 for referring the award to the
court or the award has been referred to the Court by the Provincial Government
under sub-section (4) of that Section the Collector shall, before taking
possession of the land, tender payment of the full amount of the compensation
awarded by him or the estimated cost of acquisition of such land a determined
by the Collector of the district under Sub-section (1) of S. 7 whichever is
less to the persons entitled thereto under the award and shall pay it to them
unless prevented by some one or more of the contingencies mentioned in
sub-section (2) :
Provided that no payment
under clause (b) shall be made until the person entitled to compensation
furnishes to the satisfaction of the Collector a security for refunding or the
amount, if any which may subsequently be found to be in excess of the compensation
awarded to him by the Court.
Sindh: Same as for
West Pakistan (Soil Reclamation): (1) After the words ‘the compensation’ in sub-section
(1) of Section 31 of the said Act, and after the words ‘the amount of
compensation’ in sub-section (2) of that section, the words and brackets ‘and
costs (if any)’ shall be deemed to have been inserted.
Punjab (Thal Development) : Same as for
Town Improvement: Same as
for
32. Investment
of money deposited in respect of lands belonging to persons incompetent to
alienate.— (1) If any money shall be deposited in Court under sub-section (2) of
the last preceding section and it appears that the land in respect whereof the
same was awarded belonged to any person who had no power to alienate the same,
the Court shall—
(a) order
the money to be invested in the purchase of other lands to be held under the
like title and conditions of ownership as the land in respect of which such
money shall have been deposited was held, or
(b) if
such purchase cannot be effected forthwith, then in such Government or other
approved securities as the Court shall think fit;
and shall direct the
payment of the interest or other proceeds arising from such investment to the
person or persons who would for the time being have been entitled to the
possession of the said land, and such moneys shall remain so deposited and
invested until the same be applied—
(i) in the purchase of such other lands as aforesaid; or
(ii) in payment to any person or persons becoming absolutely entitled
thereto.
(2) In all cases of moneys deposited to
which this section applies, the Court shall order the costs of the following
matters, including therein all reasonable charges and expenses incidental
thereto, to be paid by the Collector, namely:-
(a) the
costs of such investments as aforesaid;
(b) the
costs of the orders for the payment of the interest or other proceeds of the
securities upon which such moneys are for the time being invested, and for the
payment out of Court of the principal of such moneys, and of all proceedings
relating thereto, except such as may be occasioned by litigation between
adverse claimants.
33. Investment of
money deposited in other cases.— When any money shall have been deposited in Court
under this Act for cause other than that mentioned in the last preceding
section, the Court may, on the application of any party interested or claiming
an interest in such money, order the same to be invested in such Government or
other approved securities as it may think proper, and may direct the interest
or other proceeds of any such investment to be accumulated and paid in such
manner as it may consider will give the parties interested therein the same
benefit therefrom as they might have had from the land in respect whereof such
money shall have been deposited or as near thereto as may be.
34. Payment of interest.— When the amount of such compensation is not
paid or deposited on or before taking possession of the land, the Collector
shall pay the amount awarded with [63][63][compound interest at the rate of eight per
centum] per annum from the time of so taking possession until it shall have
been so paid or deposited [64][64][:]
[65][65][Provided that any waiver of the above right by
the land owner shall be void and he shall be entitled to the said interest
notwithstanding any agreement to the contrary].
West Pakistan: In S. 34,
for the words ‘interest thereon at the rate of six per centum’ the words
‘Compound interest at the rate of eight per centum’ shall be substituted ; and
for the full-stop appearing at the end a colon shall be substituted and the
following proviso be added thereafter, namely:
‘Provided that any waiver of the above right by the
land-owner shall be void and he shall be entitled to the said interest
notwithstanding any agreement to the contrary.’’
Sindh: The Land
Acquisition (West Pakistan Amendment) Act, 1969, is repealed and shall be
deemed never to have been enacted, and the Amendments affected thereby in the
Land Acquisition Act, 1894 (Act I of 1894), shall be deemed never to have been
effected.
Court Decisions
Payment of court fee on such interest---Such an interest under S.28 of Land Acquisition Act, 1894,
was like the interest payable under-434 of Land Acquisition Act, 1894, and the
same was not a part of compensation for the acquisition of the land in the
sense that it was a quid pro quo for the value of the land taken---No court fee
was payable under S.51 of Land Acquisition Act, 1894, on the interest payable
on enhanced compensation award, in circumstances. 2000 Y L R 1123 AIR
1972
PART VI
TEMPORARY OCCUPATION OF LAND
35. Temporary occupation of waste or arable land.
Procedure when difference as to compensation exists.— (1) Subject to the provisions of Part VII of
this Act, whenever it appears to the [66][66][Executive District Officer (Revenue)] that
the temporary occupation and use of any waste or arable land are needed for any
public purpose or for a Company, the [67][67][Executive District Officer (Revenue)] may
direct the Collector to procure the occupation and use of the same for such
term as it shall think fit, not exceeding three years from the commencement of
such occupation.
[68][68][(2) The
Collector shall cause public notice of the substance of the direction to be
given at convenient places in the locality in which the land is situate, and
thereupon it shall be lawful for any officer, either generally or specially
authorised by the Collector in this behalf, and for the servants and workmen of
such officer, to enter upon and survey and take levels of any land in such
locality.]
[69][69][(3) On
receipt of plans detailing the land acquired, the Collector shall give notice
in writing to the persons interested in such land of the purpose for which the
same is needed and shall, for the occupation and use thereof for such term as
aforesaid, and for the material, if any, to be taken therefrom, pay to them
such compensation, either in a gross sum of money or by monthly or other
periodical payments as shall be agreed upon in writing between him and such
persons respectively.]
[70][70][(4)] In
case the Collector and the persons interested differ as to the sufficiency of
the compensation or apportionment thereof, the Collector shall refer such
difference to the decision of the Court.
AMENDMENTS
‘(2) The Collector shall cause public notice of the substance
of the direction to be given at convenient places in the locality in which the
land is situate, and thereupon it shall be lawful for any officer, either
generally or specially authorised by the Collector in this behalf, and for the
servants and workmen of such officer, to enter upon and survey and take levels
of any land in such locality’; and
(b) the existing sub-section (3) shall be re-numbered as
sub-section (4) and the following shall be inserted as sub-section (3),
namely:-
(3) On receipt of
plans detailing the land acquired, the Collector shall given notice in writing
to the persons interested in such land of the purpose for which the same is
needed and shall, for the occupation and use thereof for such term as
aforesaid, and for materials, if any, to be taken therefrom, pay to them such
compensation, either in a gross sum of money or by monthly or other periodical
payments as shall be agreed upon in writing between him and such persons
respectively.’
Balochistan: Same as for
Sindh: Same as for
36. Power to enter and take possession, and
compensation on restoration.—
(1) On payment of such compensation, or on executing such agreement or on
making a reference under section 35, the Collector may enter upon and take
possession of the land, and use or permit the use thereof in accordance with
the terms of the said notice.
(2) On the expiration of the term, the
Collector shall make or tender to the persons interested compensation for the
damage (if any) done to the land and not provided for by the agreement, and
shall restore the land to the persons interested therein:
Provided that, if the land has become permanently unfit
to be used for the purpose for which it was used immediately before the
commencement of such term, and if the persons interested shall so require, the [71][71][Executive District Officer (Revenue)] shall proceed under this Act to acquire the land
as if it was needed permanently for a public purpose or for a Company.
AMENDMENTS
Balochistan: Same as for
Sindh: Same as for
37. Difference
as to condition of land.— In case the collector and persons interested differ as
to the condition of the land at the expiration of the term, or as to any matter
connected with the said agreement, the Collector shall refer such difference to
the decision of the Court.
PART VII
ACQUISITION OF LAND FOR COMPANIES
38. Company may be authorised to enter and
survey.— [72][72][(1) The [73][73][Executive District Officer (Revenue)] may
authorise any officer of any Company desiring to acquire land for its purpose
to exercise the powers conferred by sub-section (2) of section 4].
(2) In every
such case section 4 shall be construed as if for the words “for such purpose”
the words “for the purposes of the Company” were substituted; and [74][74][sub-section (3) of section 4] shall be construed
as if after the words “the officer” the words “of the Company” were inserted.
[75][75][38-A. Industrial concern to be deemed Company
for certain purposes.— An industrial concern, ordinarily employing not less
than one hundred workmen owned by an individual or by an association of
individuals and not being a Company, desiring to acquire land for the erection
of dwelling houses for workmen employed by the concern or for the provision of
amenities directly connected therewith shall, so far as concerns the
acquisition of such land, be deemed to be a Company for the purposes of this
Part, and the references to Company in sections 5A, 6, 7, 17 and 50 shall be
interpreted as references also to such concern].
AMENDMENTS
‘(I) The “Executive District
Officer (Revenue)” may authorize any officer of any company desiring to acquire
land for its purpose to exercise the powers conferred by sub-section (2) of
Section 4’, and
(ii) in sub-section (2)
for the word and figure ‘Section 5’, the words, figures, and brackets
‘sub-section (3) of Section 4’, shall be substituted.
Balochistan: Same as for
Sindh: Same as for
39. Previous consent of [76][76][Executive District Officer (Revenue)]
and execution of agreement necessary.— The provisions of sections 6 to 37 (both inclusive) shall not be put
in force in order to acquire land for any Company, unless with the previous
consent of the [77][77][Executive District Officer (Revenue)] nor
unless the Company shall have executed the agreement hereinafter mentioned.
AMENDMENTS
Balochistan: Same as for
Sindh: Same as for
40. Previous enquiry.— (1) Such consent shall not be given unless
the [78][78][Executive District Officer (Revenue)] be
satisfied, [79][79][either on the report of the Collector under
section 5-A, sub-section (2), or] by an enquiry held as hereinafter provided—
[80][80][(a) 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
[81][81][(aa) that
such acquisition is needed for the construction of some building or work for a
Company which is engaged or is taking steps for engaging itself in any industry
or work which is for a public purpose], 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], [or][82][82]
[83][83][(c) that
the area proposed to be acquired is reasonable for the purpose].
(2) Such enquiry shall be held by such
officer and at such time and place as the [84][84][Executive District Officer (Revenue)] 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 [85][85]Code of Civil Procedure in the case of a
Civil Court.
Amendments
‘(aa) that such acquisition is needed for
the construction of some building or work for a Company which is engaged or is
taking steps for engaging itself in any industry or work which is for a public
purpose, or’ In sub-section (1)-
(i) in clause
(b), for the full-stop at the end, the comma and the word ‘or’ shall be
substituted, and
(ii) after clause
(b) as so modified, the following new clause shall be added, namely:-
‘(c) that the area
proposed to be acquired is reasonable for the purpose.
Balochistan: Same as for
Sindh: Same as for
41. Agreement
with Provincial Government.— [86][86][* * *] If the [87][87][Executive District Officer (Revenue)] is
satisfied [88][88][after considering the report, if any, of the
Collector under section 5-A, sub-section (2), or on the report of the officer
making an inquiry under section 40] that [89][89][the object of the proposed in acquisition is to
obtain land for one of the purposes referred to clause (a) or clause (aa) or
clause (b) of sub-section (1) of section 40] [90][90][he] shall [91][91][* * *] require the Company to enter into an
agreement [92][92][with the Provincial Government], providing to
the satisfaction of the [93][93][Provincial Government] for the following
matters, namely:-
(1) the [94][94][payment to the [95][95][Executive District Officer (Revenue)]] of
the cost of the acquisition;
(2) the transfer, on such payment, of the land to the Company;
(3) the terms on which the land shall be held by the Company;
[96][96][(4) where
the acquisition is for the purpose of erecting dwelling houses or the provision
of amenities connected herewith, the time within which, the conditions on which
and the manner in which the dwelling houses or amenities shall be erected or
provided; and
(5) Where the acquisition is for a purpose
falling under clause (b) of sub-section (1) of section 40, the time within
which and the conditions on which the work shall be constructed and
maintained].
Amendments
(a) for the words
and commas ‘the purpose of the proposed acquisition to obtain land for the
creation 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’, the words, brackets, letters, figures
and comma ‘the object of the proposed acquisition is to obtain land for one of
the purposes referred to in clause (a) or clause (aa) or clause (b) of
sub-section (1), of Section 40’, shall be substituted ; and
(b) of clause (5),
the following clause shall be substituted, namely:-
‘(5) Where the
acquisition is for a purpose falling under clause (b) of sub-section (1) of
Section 40, the time within which and the conditions on which the work shall be
constructed and maintained.’
Balochistan: Same as for
Sindh: Same as for
42. Publication of agreement.— Every such agreement shall, as soon as may
be after its execution, be published [97][97][* * *] in the [98][98][official Gazette] [99][99][and the acquisition shall be deemed to have
been made subject to the terms of such agreement].
AMENDMENTS
West Pakistan: For the
words and brackets ‘and shall thereupon (so far as regards the terms on which
the pubic shall be entitled to use the work) have the same effect as if it had
formed part of this Act’, the words ‘and the acquisition shall be deemed to
have been made subject to the terms of such agreement’, shall be substituted.
43. Sections 39 to 42 not to apply where
Government bound by agreement to provide land for Companies.— The provisions of sections 39 to 42, both
inclusive, shall not apply and the corresponding sections of the [100][100]Land Acquisition Act, 1870, shall be deemed
never to have applied, to the acquisition of land for any Railway or other
Company, for the purposes of which, [101][101][under any agreement with such Company, the
Secretary of State for India in Council, the Secretary of State, [102][102][the [103][103][Federal] government or any Provincial
Government] is or was bound to provide land].
AMENDMENTS
43-A. Restriction on
transfer, etc.: No company for which any land is acquired under this Part shall
be entitled to transfer the said land or any part thereof by sale, mortgage,
gift, lease or otherwise, except with the previous sanction of the Provincial
Government.
[104][104][43-A. Restrictions on transfer, etc.— No Company for which any land is acquired
under this part shall be entitled to transfer the said land or any part thereof
by sale, mortgage, gift, lease or otherwise, except with the previous sanction
of the provincial Government].
44. How agreement with Railway Company may be
proved.— In the case of the
acquisition of land for the purpose of a Railway Company, the existence of such
an agreement as is mentioned in section 43 may be proved by the production of a
printed copy thereof purporting to be printed by order of Government.
PART VIII
MISCELLANEOUS
45. Service of
Notices.—
(1) Service of any notice under this Act shall be made by delivering or
tendering a copy thereof signed, in the case of a notice under section 4, by
the officer therein mentioned, and, in the case of any other notice, by or by
order of the Collector or the Judge.
(2) Whenever it may be practicable, the
service of the notice shall be made on the person therein named.
(3) When such person cannot be found, the
service may be made on any adult male member of his family residing with him;
and, if no such adult male member can be found, the notice may be served by
fixing the copy on the outer door of the house in which the person therein
named ordinarily dwells or carries on business, or by fixing a copy thereof in
some conspicuous place in the office of the officer aforesaid or of the
Collector or in the court-house, and also in some conspicuous part of the land
to be acquired:
Provided
that, if the Collector or Judge shall so direct, a notice may be sent by post,
in a letter addressed to the person named therein at his last known residence,
address or place of business and registered under Part III of the [105][105]Indian Post Office Act, 1866, and service of
it may be proved by the production of the addressee's receipt.
46. Penalty for obstructing acquisition of
land.— Whoever willfully
obstructs any person in doing any of the acts authorised by section 4 or
section 8, or willfully fills up, destroys, damages or displaces any trench or
mark made under section 4, shall, on conviction before a Magistrate, be liable
to imprisonment for any term not exceeding one month, or to fine not exceeding
fifty rupees, or to both.
47. Magistrate to enforce surrender.— If the Collector is opposed or impeded in
taking possession under this Act of any land, he shall, if a Magistrate, enforce
the surrender of the land to himself and, if not a Magistrate, he shall apply
to a Magistrate [106][106][* * *] and such Magistrate [107][107][* * *] shall enforce the surrender of the
land to the Collector.
48. Completion of acquisition not compulsory,
but compensation to be awarded when not completed.— (1) Except in the case provided for in
section 36, the [108][108][Executive District Officer (Revenue)] shall
be at liberty to withdraw from the acquisition of any land of which possession
has not been taken.
(2) Whenever the [109][109][Executive District Officer (Revenue)]
withdraws from any such acquisition, the Collector shall determine the amount
of compensation due for the damage suffered by the owner in consequence of the
notice or of any proceedings thereunder, and shall pay such amount to the
person interested, together with all costs reasonably incurred by him in the
prosecution of the Proceedings under this Act relating to the said land.
(3) The
provisions of Part III of this Act shall apply, so far as may be, to the
determination of the compensation payable under this section.
49. Acquisition
of part of house or building.— (1) The provisions of this Act shall not be put in force
for the purpose of acquiring a part only of any house, manufactory or other
building, if the owner desires that the whole of such house, manufactory or
building shall be so acquired:
Provided
that the owner may, at any time before the Collector has made his award under
section 11, by notice in writing withdraw or modify his expressed desire that
the whole of such house, manufactory or building shall be so acquired:
Provided also that, if any question shall arise as to
whether any land proposed to be taken under this Act does or does not form part
of a house, manufactory or building within the meaning of this section, the
Collector shall refer the determination of such question to the Court and shall
not take possession of such land until after the question has been determined.
In
deciding on such a reference, the Court shall have regard to the question
whether the land proposed to be taken is reasonably required for the full and
unimpaired use of the house, manufactory or building.
(2) If, in
the case of any claim under section 23, sub-section (1), thirdly, by a person interested, on account of the severing of the
land to be acquired from his other land, the [110][110][Executive District Officer (Revenue)] is of
opinion that the claim is unreasonable or excessive, [111][111][he] may, at any time before the Collector has
made his award, order the acquisition of the whole of the land of which the
land first sought to be acquired forms a part.
(3) In the
case last hereinbefore provided for, no fresh declaration or other proceedings
under sections 6 to 10, both inclusive, shall be necessary; but the Collector
shall without delay furnish a copy of the order of the [112][112][Executive District Officer (Revenue) to the
person interested, and shall thereafter proceed to make his award under section
11.
AMENDMENTS
Balochistan: Same as for
Sindh: Same as for
‘(la) For the purposes of
sub-section (1), land which is held with and attached to a house and is
reasonably required for the enjoyment and use of the house shall be deemed to
be part of the house’
Punjab (Thal Development):
Same as for
Town Improvement: After
sub-section (1) the following shall be deemed to be inserted, namely :
‘Explanation: For the purpose of this sub-section land which
is held with and attached to a house and is reasonably required for the
enjoyment and use of the house shall be deemed to be part of the house.’
West Pakistan (Soil Reclamation): Same as for
50. Acquisition of land at cost of a local
authority or Company.— (1)
Where the provisions of this Act are put in force for the purpose of acquiring
land at the cost of any fund controlled or managed by a local authority or of
any Company, the charges of and incidental to such acquisition shall be
defrayed from or by such fund or Company.
[113][113][(1-A) Any
charges to be defrayed from the funds of a local authority or a Company under
sub-section (1), may be recovered, in addition to any other mode of recovery
provided in any other law, as arrears of land revenue].
(2) In any
proceeding held before a Collector or Court in such cases the local authority
or Company concerned may appear and adduce evidence for the purpose of
determining the amount of compensation:
Provided
that no such local authority or Company shall be entitled to demand a reference
under section 18.
AMENDMENTS
(1-A) Any charges to be defrayed from the funds of a
local authority or a company under sub-section (1), may be recovered, in
addition to any other mode of recovery provided in any other law, as arrears of
land revenue.
West Pakistan: (Soil Development): In sub-section (2) the words ‘or the Punjab, Soil Reclamation
Board’ shall be deemed to have been inserted between the words ‘concerned’ and
‘may’ and the proviso to the sub-section shall be deemed to have been deleted.
51. Exemption from stamp duty and fees.— No award or agreement made under this Act
shall be chargeable with stamp duty, and no person claiming under any such
award or agreement shall be liable to pay any fee for a copy of the same.
Court Decisions
Payment of court fee :- Interest under S.28 of Land Acquisition Act, 1894, was
like the interest payable under-34 of Land Acquisition Act, 1894, and the same
was not a part of compensation for the acquisition of the land in the sense
that it was a quid pro quo for the value of the land taken---No court fee was
payable under S.51 of Land Acquisition Act, 1894, on the interest payable on
enhanced compensation award, in circumstances. 2000 Y L R 1123 AIR
1972
52. Notice in
case of suits for anything done in pursuance of Act.— No suit or other
proceeding shall be commenced or prosecuted against any person for anything
done in pursuance of this act, without giving to such person a month's previous
notice in writing of the intended proceeding, and of the cause thereof, nor
after tender of sufficient amends.
53. Code of Civil Procedure to apply to
proceedings before Court.—
Save in so far as they may be inconsistent with anything contained in this Act,
the provisions of the [114][114]Code of Civil Procedure shall apply to all
proceedings before the Court under this Act.
[115][115][54. Appeals in proceedings before Court.— Subject to the provisions of the Code of
Civil Procedure 1908, applicable to appeals from original decrees, and
notwithstanding anything to the contrary in any enactment for the time being in
force, an appeal shall only lie in any proceedings under this Act to the High
court from the award, or from any part of the award, of the Court and from any
decree of the High Court passed on such appeal as aforesaid, an appeal shall
lie to [116][116][the Supreme Court] subject to the provisions
contained in section 110 of the Code of Civil Procedure, 1908, and in order XLV
thereof].
AMENDMENTS
West Pakistan (Soil Reclamation): Same as for
(i) the
Tribunal shall (except for the purposes of Section 54 of the Act) be deemed to
be the Court, and the President of the Tribunal shall be deemed to be the Judge
thereof ;
(ii) the President
of the Tribunal shall have the power to summon and enforce the attendance of
witnesses, and to compel the production of documents by the same means, and (so
far as may be) in the same Civil Court under the Code of Civil Procedure, 1903
(Act V of 1908), when trying a civil suit; and
(iii) the award of the
Tribunal shall be deemed to be the award of the Court under the Land
Acquisition Act, 1894 (I of 1894) and shall be final.
Court Decisions
Time-barred appeal. There is no period provided for filing of appeal u/S. 54 of
Act. However, under Art. 156 of Limitation Act period of 90 days has been
provided' for appeal to High Court, under C.P.C. 1908 except for cases covered
by Articles 151 and 153 of Limitation Act. Period has to run from date of
decree. Since appeal was filed beyond 90 days, therefore, petitioner also moved
C.M. for condonation of delay on sole ground of lengthy correspondence for
seeking sanction from Provincial Govt.. Sanction was granted by Provincial
Govt. much earlier than filing of instant appeal and within stipulated period
fixed for appeal. Appeal was filed beyond period of limitation and no cogent
reasons have been given for condonation of delay. PLJ 1998 Pesh. 9 = PLD
1998 Pesh. 21 = NLR 1998 Rev. 42.
55. power to make rules.— (1) The [117][117][Provincial Government] shall [118][118][* * *] have power to make rules consistent
with this Act for the guidance of officers in all matters connected with its
enforcement, and may from time to time alter and add to the rules so made.
[119][119][* * * * *
* * * * * * *]
(2) The power to make, alter and add to
rules under sub-section (1) shall be subject to the condition of the rules
being made, altered or added to after previous publication.
(3) All such
rules, alterations and additions shall [120][120][* * *] be published in the Official Gazette, and
shall thereupon have the force of law.
[1][1]For statement of objects and
reasons, see Gazette of India, 1892,
Pt. V, p. 32; for Report of the Select Committee, see ibid., 1894, Pt. V, p. 23 and for Proceedings in Council, see ibid., 1892, Pt. VI, section 25, and
ibid., 1894, pp. 19, 24 to 42.
This Act had been declared to be in force in
It had been applied to Phulera in the
Excluded Area of Upper Tanawal to the extent the Act is applicable in the
N.W.F.P., subject to certain modifications, see
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It had been
extended to Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P.
(Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in
force in that area with effect from 1st June, 1951, see N.W.F.P., Gazette, Extraordinary, dated 1-6-51.
For local modifications see the Town Improvement Act, 1922 (Punjab Act IV of 1922), section
59 and schedule, and the Thal Development Act, 1949 (Punjab Act XV of 1949),
section 35 and schedule, and the Karachi Development Order, 1957 (P.O. 5 of
1957).
[2][2]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (Ordinance XXI of 1960), section 3 and
2nd schedule, with effect from the 14th October, 1955.
[3][3]Substituted for the words
“Deputy Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance,
2001 (XXXIII of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[4][4]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3(3)
and schedule III as amended by the
[5][5]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[6][6]Substituted
by the Land Acquisition (
[7][7]Substituted for the words
“Indian Companies Act, 1882” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[8][8]Inserted by the Central Laws
(Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule (w.e.f. 23rd
March, 1956).
[9][9]The
original words “of the G.G. in C”, were first substituted by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937 and then amended by
the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Schedule, to read as above.
[10][10]Inserted by section 2 of the
Land Acquisition (Amendment) Act, 1919 (XVII of 1919).
[11][11]II of
1912.
[12][12]Substituted by the Government
of
[13][13]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908 (V of 1908).
[14][14]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 4
(a).
[15][15]Substituted ibid., section 4 (b) for “Commissioner
or the Board of Revenue” which were previously substituted, for “such
Government”, by the
[16][16]Added by
the Land Acquisition (
[17][17]Substituted ibid.,
section 5.
[18][18]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[19][19]Sub-heading and Section 5-A
were inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).
Section 5-A was, however, substituted later by the Land Acquisition (West
Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 6.
[20][20]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[21][21]Ibid.
[22][22]Ibid.
[23][23]Substituted by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 4, for “whenever
it appears to the Local Government”.
[24][24]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[25][25]Ibid.
[26][26]Substituted for the word “its”
by the
[27][27]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[28][28]Added by the Land Acquisition
(West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 7.
[29][29]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[30][30]Ibid.
[31][31]XIV of 1866, subsequently
replaced by the Post Office Act, 1898 (VII of 1898).
[32][32]Added by the Land Acquisition
(West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 8.
[33][33]XLV of 1860.
[34][34]Inserted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 9.
[35][35]Inserted by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923)
[36][36]Inserted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
10.
[37][37]Now the Code of Civil
Procedure, 1908 (V of 1908).
[38][38]Inserted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
11.
[39][39]Substituted by the Government
of
[40][40]Substituted by the Central
Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “Crown”, w.e.f. 23rd March,
1956.
[41][41]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
12.
[42][42]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[43][43]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan..
[44][44]Ibid.
[45][45]Ibid.
[46][46]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[47][47]Ibid.
[48][48]Added by
the Land Acquisition (
[49][49]Ibid.
[50][50]Inserted by the Land Acquisition (West Pakistan Amendment)
Ordinance, 1969 (XLIX of 1969), section
15.
[51][51]Substituted, by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for
“declaration relating thereto under section 6”.
[52][52]Added by
the Land Acquisition (
[53][53]Substituted
by the Land Acquisition (
[54][54]Substituted by the Land
Acquisition (Amendment) Act, 1923 ( XXXVIII of 1923), section 8., for
“declaration under section 6”.
[55][55]The words, “or be less than
the amount awarded by the Collector under section 11” omitted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
17.
[56][56]Section 26 was re-numbered as
sub-section (1) of that section by section 2 of the Land Acquisition
(Amendment) Act, 1921 (19 of 1921).
[57][57]Added ibid.
[58][58]V of 1908.
[59][59]Substituted by the Land
Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969), section 2 (a),
for “interest on excess at the rate of six per centum”.
[60][60]Added ibid.
[61][61]Substituted
by the Land Acquisition (
[62][62]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[63][63]Substituted by the Land
Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969), section 2 (d)
for “interest thereon at the rate of six per centum”.
[64][64]The full stop at the end of
section 34 replaced by the colon ibid., section
2 (d).
[65][65]Added ibid.
[66][66]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[67][67]Ibid.
[68][68]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
19 (a).
[69][69]Inserted ibid, section
19(b).
[70][70]Sub-section (3) was
re-numbered as sub-section (4) ibid.
[71][71]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[72][72]Substituted
by the Land Acquisition (
[73][73]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[74][74]Substituted by the Land Acquisition (
[75][75]Inserted by the Land
Acquisition (Amendment) Act, 1933 (XVI of 1933).
[76][76]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[77][77]Ibid.
[78][78]Ibid.
[79][79]Inserted by the Land Acquisition
(Amendment) Act, 1923 (XXXVIII of 1923).
[80][80]Substituted by the Land
Acquisition (Amendment) Act, 1933 (XVI of 1933), section 3, for the original
Clauses (a) and (b).
[81][81]Inserted by the Land
Acquisition (
[82][82]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), for the
full-stop.
[83][83]Added ibid.
[84][84]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[85][85]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908.
[86][86]The words, “such officer
shall report to the Local Government the result of enquiry and”, repealed by
the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 10.
[87][87]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[88][88]Inserted by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).
[89][89]Substituted by Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969) section 22
(a) for “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”.
[90][90]Substituted
by the
[91][91]The words “subject to such
rules as the G.G. in C. may from time to time prescribe in this behalf”,
repealed by the Devolution Act 1920 (XXXVIII of 1920), section 2 and Schedule
I.
[92][92]Substituted by the Government
of
[93][93]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
Schedule III, for “Provincial Government” which had been substituted, for
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[94][94]Substituted by the Government
of
[95][95]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[96][96]Substituted by the Land
Acquisition (Amendment) Act, 1933 (XVI of 1933), section 4, for the original
clauses (4) and (5), Clause (5) was, later, substituted by the Land Acquisition
(West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[97][97]The words “in the Gazette of
India And also” repealed by the Government of
[98][98]Substituted, ibid., for “local official Gazette”.
[99][99]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
23, for “and shall thereupon (so far as regards the terms on which the public
shall be entitled to use the work) have the same effect as if it had formed
part of this Act”.
[100][100]X of 1870, repealed by this
Act.
[101][101]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “under any
agreement between such company and the Secretary of State for India in Council,
the govt. is, or was, bound to provide land”.
[102][102]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.4 of 1949), Schedule, for “or
any Government in
[103][103]Substituted by the
[104][104]Inserted
by the Land Acquisition (
[105][105]XIV of 1866, subsequently
replaced by the Post Office Act, 1898 (VI of 1898).
[106][106]The words and brackets, “or
(within the towns of
[107][107]The words and brackets, “as
Commissioner (as the case may be)”, omitted ibid.
[108][108]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[109][109]Ibid.
[110][110]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[111][111]Substituted by the
[112][112]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[113][113]Inserted
by the Land Acquisition (
[114][114]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908.
[115][115]Substituted by the Land
Acquisition (Amendment), Act 1921 (X of 1921), section 3.
[116][116]Substituted by the Central
Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “His Majesty in Council”.
[117][117]Substituted by the Government
of
[118][118]The words “subject to the
control of the G.G. in C”, which had been inserted by the Decentralization Act,
1914 (IV of 1914), were repealed by section 2 and Schedule I of the Devolution
Act, 1920 (XXXVIII of 1920).
[119][119]The proviso which had been
added by section 2 and Schedule I of the Devolution Act, 1920 (XXXVIII of
1920), was repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[120][120]The words “when sanctioned by
the G.G. in C” were repealed by the Decentralization Act, 1914 (IV of 1914),
section 2 and Schedule, Part I.
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