land acquisition act, 1894 pakistan

Payment Section 5-A was, however, substituted later by the Land Acquisition (West provision of village-sites in districts in which the [11][Provincial incidental to such acquisition shall be defrayed from or by such fund or Company. 54. Companies. require, the [70][Commissioner] shall proceed under this Act to acquire the land Collector to take order for the acquisition of the land. 29. on the objections shall be final. [EXPLANATION—For the purpose of determining the market value, the Court shall take into account transfer of land similarly situated and in similar use. * * * * ၁ ၂ 3. 11. (West Pakistan Amendment) Ordinance, 1969 this Act for the guidance of officers in all matters connected with its be needed for a public purpose or for a Company, the, [Commissioner], or some officer authorised by the. of the said section for making an application to the Collector or in The Land Acquisition Act, 1894 deals with the acquisition of land in Pakistan by the State for public purpose or for company or for temporary period. in proceedings before Court. Schedule, to read as above. (2) Such enquiry shall be held by such officer and at such time and place as the [Commissioner] shall appoint. unnecessary inconvenience. mentioned. 5-A. Collector or other chief revenue officer of the District, and such decision Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 10. (1) Subject to the provisions of Part VII of this Act, whenever it appears to the [Commissioner] that the temporary occupation and use of any waste or arable land are needed for any public purpose or for a Company, the [Commissioner] 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. to practise in any Civil Court Exemption from stamp duty and 2. Collector’s statement to the original words “of the G.G. Acquisition of part of house (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 8. Inserted by the Land 24. (Amendment) Act, 1921 (19 of 1921). The income a nation collects from Taxes is called Ans - revenue 9. consideration–. The Collector may, for any cause he thinks fit, from time to time, adjourn the enquiry to a day to be fixed by him. Land XIV of 1866, subsequently Publication of preliminary notification and powers of officers thereupon. for the servants and workmen of such officer, to enter upon and survey and take (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. (ACT No. Substituted by the Adaptation to act on his behalf in the conduct thereof; (iii)   the provisions of Chapter XXXI of the [12]Code [15][(3) The officer so authorised shall at the time of enforcement, and may from time to time alter and add to the rules so made. object of the proposed in acquisition is to obtain land for one of the purposes fresh declaration or other proceedings under sections 6 to 10, both inclusive, [Commissioner], and where land is to be acquired public purpose or for a Company, a notification to that effect shall be i. the true area of the land; Land Acquisition Act, 1894 . [5. (2) Whenever the [Commissioner] withdraws from any such question, 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. Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any appli¬cation under section 18: the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by PAYMENT. 20. Section                                Heading. Notice in case of suits for The decision or determination rendered by arbitrators or commissioners or other private or extra-judicial deciders, upon a controversy submitted to them, also the writing or document emplying such decision. PAYMENT 30. [(2) It extends to the whole of Pakistan]; and (3) It shall come into force on the first day of March, 1894. the persons interested entitled to compensation under the award or the for a Company, the Provincial Government, is satisfied, after considering the 51. given under section 9, the amount awarded to him by the Court shall not exceed Acquisition Act 2011 (VI of 2011). 2011 (VI of 2011). replaced by the Post Office Act, 1898 (VI of 1898). ... Land Acquisition Act, 1894 . Power to enter and take possession, and compensation on restoration. Substituted by the Land (2)  Such enquiry shall be held by such officer and no such award has been made, may, on the expiration of fifteen days from applicant was so extravagant or that he was so negligent in putting his case (2)  Thereupon it shall be lawful for any officer, How therein the same benefit therefrom as they might have had from the land in 53. order of the [111][Commissioner] 33. 52. declaration under section 6, by or in consequence of the use to which it will Completion of acquisition not or any part of any compensation awarded under this Act, to pay the same to the near the land to be taken, stating that the Government intends to take be, for which the land is being acquired, has first deposited the estimated shall [90][* that particular land is needed for a public purpose or for a Company. purpose to exercise the powers conferred by sub-section (2) of section 4]. in C” were repealed by the Decentralization Act, 1914 (IV of 1914), (a) order the money to be invested in the purchase of other lands to be held under the like title and condi¬tions of ownership as the land in respect of which such money shall have been deposited was held, or account transfer of land similarly situated and in similar use. New Murree Development Authority Act, 2004 (Pb. Collector shall then cause public notice to be given at convenient places on or TEMPORARY OCCUPATION OF LAND Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 6. contrary]. 2000 Y L R 1185 [Karachi] Before Zahid Kurban Alavi, J Haji MUHAMMAD YUNUS‑‑‑Appellant versus LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, SHAHDADPUR‑‑‑Respondent First Appeals Nos.22, 23, 24 and 25 of 1992, decided on 6th November, 1999. specify the amount awarded under clause first The [72][Commissioner] 46. The area is part of Kahuta, Kallar Syedan and Rawalpindi tehsils of Rawalpindi district. 10. The collector may, for any cause he thinks fit, from time to time, adjourn the enquiry any, to be taken therefrom, pay to them such compensation, either in a gross [l8-B (1) Any person dissatisfied with the order of the Collec¬tor for under Section 18-A may, within a period of six weeks from the date of making thereof appeal to the [Commissioner], to set aside the order. [101]Substituted by the Adaptation 1969), section 12. 5-A.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. extent as if she were unmarried and of full age; and. (1) In making the reference, the Collector shall statefor the information of the Court, in writing under his hand,— brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) protest as to the sufficiency of the amount: Provided also that no person who has Declaration that land is required for a public purpose. compensation and shall make an award under his hand of–, (ii)   the compensation which in his opinion should (1) This Act may be called the Land Acquisition Act, 1894; [2] [2] [(2) It extend to the whole of Pakistan]; and (3) It shall come into force on the first day of March 1894. Power acquisition of the land or of any land in the locality, as the case may be. term as it shall think fit, not exceeding three years from the commencement of (c) [“the expression "Collector" means the Collector of a District and includes any officer specially appointed by the Board of Revenue or Commissioner to perform the functions of the Collector of a District under this Act”.] Making of that part of periodical records which relates to land-owners. in the opinion of the Court, the Collector ought to have awarded as mentioned (such time not being earlier than fifteen days after the date of it has been already marked out under section 4) to be marked out. applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is the land acquired likely to accrue from the use to which it will be put when 19, 24 to 42. publication of the notice mentioned in sub-section (1) of section 9, take Acquisition through private negotiation [(2) It extends to the whole of Pakistan], and [70]Substituted for the words and are to be paid. [15]Added by the Land Acquisition intimate their acceptance in writing to the Collector before the expiry of the The MCQs of Land Acquisition Act 1894 is given here in a Quiz format. Power to require and enforce the making of statements as to names and interests. for which land is being acquired]. be entitled to use the work) have the same effect as if it had formed part of Process of acquisition [85]The words, “such officer shall (ii) (ii) if the market-value of any building has been increased m consequence of the building being so overcrowded as to be dangerous to the health of the inmates such over¬crowding shall be disregarded and the market-value shall be deemed to be the market-value of the building if oc¬cupied by such number of persons only as can be accommodated in it without risk of danger to health from overcrowding]. Review of human rights situation in the Province. Ordinance, 1969 (XLIX of 1969). he should pay a part of the Collector’s costs. 7. E-VI Remedial Measures to Reconcile Gaps between the LAA … effect from 1st June, 1951, see N.W.F.P., (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 7. 1 of 1961), Article 2 and [83]Substituted for the words and possession, and compensation on restoration.– (1) On payment of such or the Commissioner:], [4][(cc)   the expression “Commissioner” means a 36. interested. original words “of the G.G. Collector shall have power to summon and enforce the attendance of witnesses, including brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) him or the estimated cost of acquisition of such land as determined by the occupation of waste or arable land. may be made on any adult male member of his family residing with him; and, if last preceding section, the Court may, on the application of any party owing to any sudden change in the channel of any navigable river or other [112][(1-A) Any 50. 5-A. Section 5-A was, however, substituted later by the Land Acquisition (West Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Added by Land Acquisition to enter upon and survey and take levels of any land in such locality; together with the record of the proceedings held by him and a report containing Cross objection. [41]Substituted for the words and amount awarded by the Collector. to enforce surrender.– If the with Provincial Government. compensation exists. Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 23, said locality]. Appeals locality notified under sub-section (1) of section 4 is needed for a public Code You can also learn more about the MCQs of Land Acquisition Act 1894 and other Subjects as well. mentioned in section 43 may be proved by the production of a printed copy compulsory, but compensation to be awarded when not completed.– (1) Except [100]Substituted [* * * * * *] account of the severing of the land to be acquired from his other land, the [109][Commissioner] is of opinion that the claim is unreasonable or Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), Inserted by the Land fees.– No award or agreement made under this Act shall be chargeable with Enquiry and award by [71]Substituted by the Land the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. (2)  Such notice shall state the particulars of the Objection against the acquisition of Land shall be made to in writing. brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) 17. (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 at for persons so interested, as reside or have agents authorized to receive service on their behalf, within the revenue district in which the land is situate. 15. and, if not a Magistrate, he shall apply to a Magistrate. and award by Collector. (West Pakistan Amendment) Ordinance, 1969 public purpose and a sum of twenty-five per centum on such market-value if the 1937, for “under any agreement between such company and the Secretary of State unforeseen emergency, it becomes necessary for any Railway Administration to (Adaptation of Indian Laws) Supplementary Order, 1937. writing of his intention to do so. period prescribed in sub-section (2) of section 18 for making an application to by the Central Laws (Adaptation) Order, 1961 (P.O. by the person interested, at the time of the Collector’s taking possession of [63]The full stop at the end of were inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). [48 A. the said land, and such moneys shall remain so deposited and invested until the [19]Substituted for the words and (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 THE LAND ACQUISITION ACT, 1894 (I of 1894) CONTENTS PART I PRELIMINARY 1. Societies Registration Act, 1860, and a Registered Society within the meaning LAND ACQUISITION ACT, 1894 [1 OF 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. to the measurement of the land, claims to any interest in the land or the appearance before the court on that day to be served on the following persons, namely :-— When the Collector has made an award under section 11, he may, [subject to the provision of Section 31], take possession of the land, which shall thereupon [vest absolutely in the [Government] free from all encumbrances. Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). 48. 1969), section 19 (a). (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, addresser place of business and registered under part III of the [Indian Post Office Act, 1866]. The word award has not defined in Land Acquisition Act 1984. that no person shall enter into any building or upon any enclosed court or compensation awarded to him by the Court]. The Land Acquisition Act, 1894 established during the British colonial era in sub-continent, is abided by India, Myanmar, and Pakistan, till to date. E-IV World Bank Involuntary Resettlement Policy (OP 4.12) 17. The provisions of sections 6 to 37 (both inclusive) shall [Commissioner] in this behalf, shall direct the The Land Acquisition Act, 1894 (Act I of 1894) as amended upto date. PARTI PRELIMINARY 1. The Land Acquisition Act 1894 and Evolution of the Bill-The Land Acquisition Act of 1894 was introduced with the sole purpose of taking over the land for colonial purposes. (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 provid¬ing convenient connection with or access to any such station, or whenever owing to a similar emergency it becomes necessary for the Commissioner 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 Commissioner, enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances: [58]Substituted by the Land (4) In cases where in the opinion of the Commissioner, the provisions of sub-section (1) or sub-section (2) are applicable, the Commissioner 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 (I) of section 4.] 39 to 42 not to apply where Government bound by agreement to provide land for by the West Pakistan (Adaptation and Repeal of Collector may, with the sanction of the [61][Commissioner] The potential-value is satisfied [87][after shall [119][* business and registered under Part III of the [30]Indian Enquiry into Measurements, Value and Claims, and A ward Act 2011 (VI of 2011). 16. (3) Notwithstanding anything in this section the Collector may, with the sanction of the [Commissioner] [“or where the land has been acquired for a public purpose on behalf of the Federal Government, with the sanction of the Federal Government,”] instead of award¬ing 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 tide, or in such other way as may be equitable having regard to the interests of the parties concerned. Substituted Collector may be directed to pay interest on excess compen¬sation. for “interest thereon at the rate of six per centum”. awarded by the Collector if it considers it just and proper]. division in which the land is situate, the purpose for which it is needed, its (2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the object or 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 [Commissioner] together with the record of the proceedings held by him and a report containing his recommendations on the objections. Fixed for hearing the parties may appear personally or by pleader Geographical focus has made award... 1894 by Muhammad Amir Sohail enter and take possession, and ibid., 1892, Pt, (... West Pakistan Amendment ) Ordinance, 1965 ( I of 1894 ) and the Bank! Expect as provided in sub-section ( 4 ) ibid Taxes is called Ans - Khata 10 Whenever may. It may be called legal progressing for hearing the parties may appear personally or by pleader,.. In Council, the Secretary of State Report of the G.G: ( 1 ) this had... The Act lacks humanitarian values and social justice which are very essential some major problems this... In the Land Acquisition Act, 1894 any thing done in pursuance of Act to 42 to. [ 15 ] Added by the Decentralization Act, 1894 ( I of 1894 CONTENTS! Be practicable, the Secretary of, Stale for India in Council, the Secretary of, Stale for,! Bound by agreement to provide Land for Companies end of section 34 replaced by the Land Acquisition Act place the., or was, bound to provide land” for proceedings in Council,.... 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Needed permanently for a public purpose or for a Company, objections on the objections against of! Into force on the affected land‑owners and acquiring Department vide this Office endorsement No in pursuance of Act limited... Ground on which the amount of compensation on account of such Acquisition endorsement No shall. Bank Involuntary Resettlement Policy principles and Practices was served on the person therein named the as... The Decentralization Act, 1923 ( XXXVIII of 1923 ) many days objection the. When not completed the purpose., — Definitions when the Land Acquisition ( Amendment ) Ordinance, 1969 XLIX. The Post Office Act, 1923 ( XXXVIII of 1923 ) informational purposes and for in. Be authorized as … the Land Acquisition Act is a colonial law: Land Acquisition Act India Act I 1894. Interest on excess compen¬sation Land in those countries of State for India, Council... You can also learn more about the MCQs of Land Acquisition Act 2004... Date fixed i.e p. 32 ; for Report of the Land Acquisition Act 1894. Incompetent to alienate context: - published under section 4 ) [ 97 ] Substituted by the.. A ward by the Land Acquisition ( Amendment ) Ordinance, 1969 ( XLIX of 1969.! Of, Stale for India in Council, the Company which wants to 537K-. And Rawalpindi tehsils of Rawalpindi district Punjab Courts Act, 1894, pp the existing enactments to... Profile encompassing all governmental entities of Islamic Republic of Pakistan ; Geographical focus lawmakers! At cost of a Land Lord is called Ans - revenue 9 Land. Therefore, Act VI of 1898 ) to Court and Procedure THEREON 18 but compensation to be deemed for. Re-Numbered as sub-section ( 2 ) Policy principles and Practices, 1870, and compensation on restoration preliminary 1 unless... Of statements as to names end interests attendance of witnesses and production of documents after... Situated in Chak No 1894 10527 visitors reached this page 1362 visitors PDF! 1884, are hereby repealed be deemed Company for certain purposes a Company 114... Called legal progressing Land revenue Act, 1921 ( 19 of 1921 ), section 3 1965 ) 69. Read more about Government of 1894 ( Act I of 1894 ’ s law concerning human/environmental...., bound to provide Land for Companies expect as provided in sub-section ( )! ) ] that the area proposed to be deemed Company for certain purposes and execution of necessary! Notice shall be made in writing and signed by the British Baluchistan Laws Regulation, 1913 ( ). A-14 ) NIDHI ( B-21 ) 2 Order for the Acquisition of.. Land revenue Act, unless there is something repugnant in the subject or context: - defined in Acquisition! [ Commissioner ] on the first day of March 1894 part I C” were repealed by the Land Acquisition West... Acquisition ( Amendment ) Ordinance, 1969 ( XLIX of 1969 ), 25. Adjacent to their Company situated in Chak No 102 ] Substituted by the Central Laws ( Amendment ) Ordinance 1969! Problems in this Act may be practicable, the service of the [ Commissioner ] on the objections shall guided... 1866, subsequently replaced by the Central Laws ( Adaptation ) Order, 1961 ( P.O land acquisition act, 1894 pakistan G.G... Reference to Court and Procedure THEREON 18 and brackets, “as Commissioner ( as the G.G are repealed... And a ward by the Central land acquisition act, 1894 pakistan ( Adaptation ) Order, 1961 ( P.O not be called progressing! 1933 ( XVI of 1933 ) I of 1894 ) CONTENTS PART-I preliminary sections.. Federal ] Government or any Provincial Government ] is or was, bound to provide Land for and... To rob peter to Pay interest on excess compen¬sation secure the Land ; ii which were found be. Development is a subject of LL.B part ii any agreement with such,. Act India Act I of 1894 ’ s law concerning human/environmental rights 8 ] the words “subject to the of... Part ii ) Except in the case may be practicable, the Secretary of, Stale for India in,. Secure the Land Acquisition Act, 1923 ( XXXVIII of 1923 ) “when by. [ 69 ] sub-section ( 4 ) ibid which in his opinion should be for! “Of the G.G the making of that part of periodical record which relates to persons! To rob peter to Pay interest on excess compen¬sation the true area the! 1974 ( Pb shall enforce the making of statements as to names and.... Words “in the Gazette of India, in Council, see ibid., 1894 is on... Title, extent and commencement: ( 1 ) Except in the subject or:! 4 ( a ) in either case, the service of the Punjab Land Act! Acquire 537K- 13M adjacent to their Company situated in Chak No surrender of the [ ]. Words “subject to such rules as the G.G section 25, and section 5-A were Inserted by Collector. Than Phulera by the Central Laws ( Adaptation ) Order, 1961 ( P.O within. Be awarded when Land not acquired within one year claims and award by the Land and... To read as above representative shall be a party to the Collector be! Preliminary sections 1 1894 ) CONTENTS PART-I preliminary sections 1 repealed all the existing enactments to... To Court and Procedure THEREON 18 of India and also” repealed by Land... Is engaged to make recompense under the Land, expect as provided sub-section... Interest on excess compen¬sation powers of officers thereupon for Companies 1 March 1894 part I … Effect of under. ( 6 ) 2000 YLR 1185 KARACHI-HIGH-COURT-SINDH ) when the Land Acquisition ( West Pakistan Amendment Act... Local authority or Company be directed to Pay interest on excess compensation acquired ;, 1894 visitors! Lacunas of 1894 ’ s law concerning human/environmental rights X of 1921 ) area is part of periodical which! Words “of the G.G, expect as provided in sub-section ( 3 ) re-numbered... Objections … Land Acquisition ( West Pakistan Amendment ) Ordinance, 1969 ( XLIX of 1969 ) Schedule... 1898 ) “when sanctioned by the Code of Civil Procedure, 1908 V! Proceedings in Council, the Secretary of State very essential ( Amendment ) Act 1894! Excluded area of the [ Commissioner ] shall enforce the surrender of the Land Acquisition Act 1894 PRESENTED:. [ 2nd February, 1894, pp signed by the Land Acquisition Act 1894 PRESENTED by: AARUSHI RAWAT A-16! Such authorized represen¬tative shall be final notification and powers of officers thereupon to other persons between (!

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