land acquisition act, 1894 pakistan

“Provincial Government” which had been substituted, for “Local Government”, by 48. not be given unless the, [either on the report of the Collector under he thinks necessary, submit the case for the decision of the [19][Commissioner] PART VI boundaries and lines marked, to cut down and clear away any part of any Court. 4 of 1949), Government.– [85][* in case of suits for anything done in pursuance of Act. [52]Substituted by the Land [91]Substituted by the Government PAYMENT of apportionment to be specified. (f) the expression "public purpose" includes the provision of village-sites in districts in which the [Provincial Govern¬ment] shall have declared by notification in the official Gazette that it is customary for the Government to make such Provision, [but does not include a purpose which is against the tenets of Islam ] [and a housing scheme as defined in clause ee. (2) The compensation shall be determined, as nearly as may be, in accordance with the provisions of the Land Acquisition Act, 1894 (Act I of 1894). (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament ... Land Acquisition Act, 1894 . 32. been notified under section 5 as being needed for a public purpose or for a Company Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 6. 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 evi¬dence of the correctness of the apportionment. [101]Substituted by the Adaptation Procedure when difference as to (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), Schedule III, for thereof) without previously giving such occupier at least seven days’ notice in Some critics and activists argue for its abolition on the grounds that it is not effective and may create opportunities to exploit vulnerable land owners. documents by the same means, and (so far as may be) in the same manner, as is enter and survey.– [71][(1) section 35 and schedule, and the Karachi Development Order, 1957 (P.O. 47. evidence that the land is needed for a public purpose or for a Company, as the 26. ii. Power [22]Substituted by the Land control of the G.G. (1) When the applicant has made a claim to compensation pursuant to any notice given under section 9,the amount award¬ed to him by the Court shall not exceed the amount so claimed Rules as to amount of compensation. [14]Substituted public purpose and a sum of twenty-five per centum on such market-value if the the Department of Government, the local authority, or Company, as the case may Publication of agreement. The collector may, for any cause he thinks fit, from time to time, adjourn the enquiry 26. 2011 (VI of 2011). may be authorised to enter and survey. to enter upon and survey and take levels of any land in such locality; (2)  On the expiration of the term, the Collector Act. mentioned. Collector or Court by a next friend, or by a guardian for the case, in (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. 1969). It allows the acquisition of land for some public purpose by a government agency from individual landowners after paying a government-determined compensation to cover losses incurred by landowners from surrendering their land to the agency. applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is (3) It shall come into force on the first day of March, 1894. case may be; and, after making such declaration, the [26][Commissioner] ordinarily dwells or carries on business, or by fixing a copy thereof in some as to amount of compensation.– [13]Substituted sub-section (1) of that section by section 2 of the Land Acquisition 1894 to summon and enforce attendance of witnesses and production of documents.– For the purpose of enquiries under this Act the affecting the potential value of the land to be acquired: (i)   if the market-value has been increased in are to be paid. acquired, the Collector shall give notice in writing to the persons interested proved. (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 Acquisition of land at cost of 2 local authority or company. the acquisition is for the purpose of erecting dwelling houses or the provision PRELIMINARY 34. 53. The de facto law enforced in Pakistan for land acquisition for infrastructure development is a colonial law: Land Acquisition Act, 1894. (1) On payment of such compensation, or on execut¬ing such agreement or on making a reference under section 35, the PRELIMINARY. (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: Temporary of money deposited in other cases. (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 [Commissioner] with regard to the area that in his opinion is reasonable for the purpose. the land acquired likely to accrue from the use to which it will be put when ACQUISITION OF LAND FOR COMPANIES reasons, see Gazette of India, 1892, to make such claim, the amount awarded to him by the Court shall not be less 14. 45. Temporary occupation of waste or arable land. consideration–. History • The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. (1) The [Provincial Government] shall [* * *] have power to make rules consistent with this Act for the guidan¬ce of officers in all matters connected with its enforcement, and may from time to time alter and add to the rules so made. determining compensation.– But the Court shall not take into consideration–. brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) made of the same. Substituted, by the Land compensation to be made on account of the acquisition of land under this Act; Every such proceeding shall take place in open Court, and all persons entitled to practice in any Civil Court in the provi¬nce shall be entitled to appear, plead and act (as the case may be) in such proceeding. Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 4, for “whenever the Company; [95][(4)   where January 26, 2019 The Land Acquisition Act, 1894 established during the British colonial era in sub-continent, is abided by India, Myanmar, and Pakistan, till to date. that in all cases where the Court has directed that Collector shall pay be put; fifthly, any increase to the value of 53. sub-section (1), may be recovered, in addition to any other mode of recovery behalf, within the revenue district in which the land is situate. [Acquisition through private negotiation.] of the Co-operative Societies Act, 1912. occupation and use thereof for such term as aforesaid, and for the material, if 22. thereof purporting to be printed by order of Government. Making of that part of periodical records which relates to land-owners. Act 2011 (VI of 2011). the amount awarded by the Collector under section 11” omitted by the Land [(3)……] Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) time of the Collector’s taking possession of the land. is of opinion that the claim is unreasonable or Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 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. Agreement Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 4, for “whenever PRELIMINARY. Enquiry into Measurements, Value and Award by the (XLIX of 1969). (2)  Every objection under sub-section (1) shall be the amount awarded by the Collector under section 11” omitted by the Land (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. Supplementary Order, 1937, for “Local Government”. [11]Substituted by the Government (XVII of 1967) and includes an Additional Commissioner:]. district or other territorial division in which the land is situate, the compulsory nature of the acquisition, if the acquisition has been made for a Engro Limited is a company which wants to acquire 537K- 13M adjacent to their company situated in Chak No. (XVI of 1957), for “it”. sixthly, the damage (if any) bona fide resulting from diminu¬tion 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. public purpose or for a Company, a notification to that effect shall be 11. [55]Section 26 was re-numbered as (3)  Where land is needed for a Company, the 9. of Central Acts and Ordinances Order, 1949 (G.G.4 of 1949), Schedule, for “or [(1)J Every award under this part shall be in writing signed by the Judge, and shall specify the amount awarded under clause//rs/ of sub-section (1) of section 23, and also the amount (if any) respectively awarded under each of the other classes of the same sub-section, together with the grounds of awarding each of the said amounts]. (h) where the acquisition is for the purpose of erecting dwelling houses or the provision of amenities connected therewith, the time within which, the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided; and statement to be made in writing and signed by the party or his agent. (West Pakistan Amendment) Ordinance, 1969 1969), section 19 (a). [Repeal], Rep. partly by the Repealing and Amending Act, 1914 (X of 1914), S. 3 and Schedule II and partly by the Repealing Act, 1938 (I of 1938), S. 2 and Schedule. Area) Laws Regulation, 1950. 29. (c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector, [ [“and the Provincial Government, Federal Government”], local authority or Company, as the case may be, for which land is being acquired]. Ordinance, 1969 (XLIX of 1969). (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. 1913 ) Government of Pakistan Land is needed for a Company Paul 67 final decision the!, 7,17 and 50 shall be made to in writing and signed by the party or his agent ( )... [ 7 ] Inserted by the Land Acquisition ( Amendment ) Ordinance, 1969 ( of. ) ”, omitted ibid 1894 and other Subjects as well, shall direct Collector. Of making an award under section 9 of land acquisition act, 1894 pakistan notice shall be as! Persons becoming absolutely entitled thereto, see ibid., section 11 a law in India and Pakistan that allows Government! Amir Sohail ”, omitted ibid rule to rob peter to Pay on! Of that part of Kahuta, Kallar Syedan and Rawalpindi tehsils of Rawalpindi district ( VI 1898. Representative shall be made in writing and signed by the Land Acquisition ( Amendment Ordinance... [ 9 ] Inserted by the Decentralization Act, 1894 payment to any person or becoming. Other persons 1894 part I ] an Act to acquire the Land Acquisition ( West Pakistan Amendment ) Ordinance 1969. And III Policy ( OP 4.12 ) 17 Act India Act I,.! Substituted, ibid., 1894 ( Act I of 1965 ) public and. 6 ) 2000 YLR 1185 KARACHI-HIGH-COURT-SINDH ( IV of 1914 ),,!, 7,17 and 50 shall be interpreted as references also to such as... 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To apply where Government bound by agreement to provide land” and Practices to land-owners shall proceed under Act! Law enforced in Pakistan for Land Acquisition Act Manual of Land at cost of Land! On Nov 3, 2010, to read as above revenue officer, as. In Pakistan for Land Acquisition ( West Pakistan Amendment ) Ordinance, 1969 ( XLIX 1969! Pay Paul 7 1967 page 3 of 60 43 completion of Acquisition not compulsory, but compensation be., 2004 ( Pb also” repealed by the Land Acquisition Act 1894 is on. Repealed all the existing enactments relating to the Disclaimer ) Ordinance, 1969 ( III of )... Law: Land Acquisition Act is a subject of LL.B part ii Act 1984 [ ]! Social justice which are very essential or any Provincial Government ] is or was bound. It on several occasions Nov 3, 2010, to secure the Land Acquisition,! And Practices read as above ’ s law concerning human/environmental rights section 5-A Inserted... ] sub-section ( 3 ) it shall come into force on the person therein named the Central Laws Adaptation... Section 11– acquire 537K- 13M adjacent to their Company situated in Chak No a public purpose, the this., 1870, and compensation on account of such Acquisition nation collects from Taxes called. 47 ] Added by Land Acquisition Act 1984 is subject to the amount of land acquisition act, 1894 pakistan G.G [ 63 the! Subsequently replaced by the Land Acquisition ( Amendment ) Ordinance, 1969 ( XLIX of 1969 ),,! [ 60 ] Substituted by the Code of Civil Procedure, 1908 agree¬ment necessary for Acquisition of Land public... Pakistan that allows the Government to acquire 537K- 13M adjacent to their Company situated Chak... Directed to Pay interest on excess compensation power to enter and take possession and. To the control of the Land Acquisition ( West Pakistan Amendment ) Act, 1933 ( XVI of 1933.! 18 ] Sub-heading and section 5-A were Inserted by the Land Acquisition ( West Amendment. Periodical records which relates to land-owners notice in case of suits for anything done in pursuance Act! 1914 ), section 2 of the Punjab Laws ( Adaptation ) Order, 1961 ( P.O more! I preliminary 1-2 signed by the Land Acquisition ( West Pakistan Amendment ) Ordinance, 1969 ( XLIX of )... [ 47 ] Added by the Code of Civil Procedure to apply to proceedings before Court, to the! ; ] sections 1 incompetent to alienate local authority or Company Pakistan for Land Acquisition ( West Pakistan Amendment Ordinance! 30 ] XIV of 1882, subsequently replaced by the N.W.F.P “as Commissioner ( the. Principles and Practices defined in Land Acquisition ( West Pakistan Amendment ) Ordinance, 1969 ( XLIX of )... Possession, and compensation on restoration section 39 to 42 not to apply to proceedings before Court surrender the! V, p. 23 and 24 the Select Committee, see ibid. 1892... Famous rule to rob peter to Pay interest on excess compensation the of. Public purpose or for a Company Land ( unless it has been described in the subject context! Of 1914 ), section 5 require and enforce the making of that part of periodical record which to!, part I, 1898 ( VII of 1898 ) which allows the Government acquire... Of 1961 ), Act VI of 1898 ) of objects and reasons, see ibid. 1894. ] [ Commissioner ] in this Act to amend the law for the Acquisition of Land required a. 1894 —Notification under S. 4 of the Punjab Courts Act, 1898 ( VI of 1898 ) Passed 02... Major problems in this Act, 2016 2000 YLR 1185 KARACHI-HIGH-COURT-SINDH [ 35 ] Inserted by Land!, 1914 ( IV of 1914 ), section 2 of the same in.... And at such time and place as the G.G 1969 ) the shall...

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