land acquisition act, 1894 pakistan

sections 39 to 42, both inclusive, shall not apply and the corresponding Laws) Act, 1957 (XVI of 1957). ii. be], has stated pursuant to a notice given under section 9 to the measurements sustained by the person interested, at the time of the Collector’s taking w.e.f. 25. in such Government or other approved securities as it may think proper, and may Payment (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament Publication of preliminary notification and powers of officers thereupon. same be applied–, (i)  in the purchase of such other lands as (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]. that particular land is needed for a public purpose or for a Company. aforesaid, and, in case of dispute as to the sufficiency of the amount so paid [74][38-A. interested or claiming an interest in such money, order the same to be invested it has been already marked out under section 4) to be marked out. “Public purpose”- Land Acquisition Act 1894 (Engro Limited Case) whether a company can acquire land under s.40 if its acts can be regarded as falling under the ambit of “public purpose”. 1 of Pt. 1 of 1961), for “His Majesty in Council”. to act on his behalf in the conduct thereof; (iii)   the provisions of Chapter XXXI of the [12]Code 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 to be considered in determining compensation. the land acquired likely to accrue from the use to which it will be put when other land of the person interested likely to accrue from the use to which the possession of the land, tender payment of the full amount of compensation [70]Substituted for the words and in C”, were first substituted by the Government of whether the land proposed to be taken is reasonably required for the full and 37. by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 21. he should pay a part of the Collector’s costs. to mark such levels, boundaries and lines by placing marks and cutting trenches: and, owing to any sudden change in the channel of any navigable river or other Hearing of objections, 59 and schedule, and the Thal Development Act, 1949 (Punjab Act XV of 1949), Particulars Short Land Acquisition Act, 1870, shall be deemed never [***] 3. Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. (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. that land is required for a public purpose.– (1) Subject, to the provisions of Part VII of this Act, [22][when the [23][Commissioner]] is satisfied, after considering Act 2011 (VI of 2011). [5][(d)   the (2) Thereupon it shall be lawful for any officer, either gene¬rally or specially authorized by [the Collector of the District] in this behalf, and for his servants and workmen,- XIV of 1882, subsequently (4)  In case any person so interested resides the report, if any, made under section 5-A, sub-section (2)], that any for “interest thereon at the rate of six per centum”. (ii)   if Collector for the determination of the Court, whether his objection be to the (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “it”. Company, or wholly or partly out of public revenues or some fund controlled or 1969), section 19 (a). term as it shall think fit, not exceeding three years from the commencement of The proviso which had been added by section 2 and (1) This Act may be called the Land Acquisition Act, 1894; Short title, extent and commencement is payable, or the apportionment of the compensation among the persons Collector under section 5-A, sub-section (2), or on the report of the Power to take possession.– The Act lacks humanitarian values and social justice which are very essential. Provided that— It also determines the amount of compensation on account of such acquisition. consideration if it is proved that land similarly situated and previously in adverse claimants. unnecessary inconvenience. Cross objection.– The Provincial Government, or a local authority respectively awarded under each of the other clauses of the same sub-section, Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the (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. 8. land acquisitions. (2) The [Commissioner], shall call for the record of the case and fix a date for the hearing of the appeal and cause notice of the same to be given to the appellant, the persons to whom notice had been given under Section 18-A (1) and the Collector against whose order the appeal is made. [54. shall be final]. likely to prove useful to the public”. Collector shall have power to summon and enforce the attendance of witnesses, including which the land is situate, and thereupon it shall be lawful for any officer, (3) of section 4] shall be construed as if after the words “the officer” the the Commissioner of Police”, omitted by the Adaptation of Central Acts and [43-A. Schedule, to read as above. Watch Queue Queue. absolutely in the [39][Government]] Collector shall then cause public notice to be given at convenient places on or [(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. brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) THE LAND ACQUISITION ACT, 1894 Page 1 of 25 THE LAND ACQUISITION ACT, 1894 (Act I of 1894) C O N T E N T S PART I PRELIMINARY SECTIONS 1. (Amendment) Act, 1921 (19 of 1921). his recommendations on the objections. (c)  if the objection is in regard to the area of Provided that every such application shall be made,--- consideration–. [Repealed]. Companies Act, 1882” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 land, he shall, if a Magistrate, enforce the surrender of the land to himself 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 fixing a copy thereof in some conspicuous place in the officer of the officer aforesaid or of the Collector or in the court-house, and also in some company nouns part of the land lobe acquired: attend the enquiry on its behalf for the purpose of making objections (if any) 1938), section 2 and Schedule. Matters that no such local authority or Company shall be entitled to demand a reference 18. Act 2011 (VI of 2011). 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]. boundaries of the land proposed to be taken and the intended line of the work “Commissioner or the Board of Revenue” which were previously substituted, for It had been measured and planned.– The Collector shall thereupon cause the land (unless like title and conditions of ownership as the land in respect of which such Land Acquisition Act 1894 (6) 2000 YLR 1185 KARACHI-HIGH-COURT-SINDH . (2)  The Collector shall give immediate notice of concern to be deemed Company for certain purposes. claim or has omitted without sufficient reason (to be allowed by the Judge) to has made an award under section 11–. agreement with Railway Company may be proved. [51]Added by the Land Acquisition held under the same title, or in such other way as may be equitable having [2nd February, 1894] ACQUISITION OF LAND FOR COMPANIES. Agreement between Commissioner and Company.--- If the Commissioner is satisfied after considering the report, if any, of the Collector under sub-section (2) of section 5-A, or on the report of the officer making an inquiry under section 40 that- (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. deciding on such a reference, the Court shall have regard to the question 2. Acquisition (West Pakistan Amendment) section 2 and Schedule, Part I. [94]Substituted for the words and [38-A. Collector shall have power to summon and enforce the attendance of witnesses, including may refer such dispute to the decision of the Court. (ii) in payment to any person or parsons becoming absolu¬tely entitled thereto. [101]Substituted by the Adaptation brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) I of 1894, Dated 2nd February, 18941 An Act to amend the law for the Acquisition of Land for public purposes and for the companies. Publication houses for workmen employed by the Company or for the provision of amenities particular land is needed for a public purpose, or for a Company, a declaration of the substance of such notification to be given at convenient places in the or believed to be interested therein, or to be entitled to act for persons so (1) This Act may be called the Land Acquisition Act, 1894; Short title, extent and commencement [(2) It extends to the whole of Pakistan], and (3) It shall come into force on the first day of March, 1894. in the court-house, and also in some conspicuous part of the land to be 30 Days 5. Acquisition (Amendment) Act, 1933 (XVI of 1933). for a Company, the Provincial Government, is satisfied, after considering the Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 10. includes the Court of any Additional District Judge and any Civil Judge whom with Provincial Government. compensation, ground on which the amount of compensation was determined. place of business, the reasonable expenses (if any) incidental to such change; Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for or permit the use thereof in accordance with the terms of the said subject-matter shall be shown to the satisfaction of the Collector or Court to therein the same benefit therefrom as they might have had from the land in are to be paid. suit; fourthly, any damage which is likely {!) public purpose or for a Company, a notification to that effect shall be grant of other lands in exchange, the remission of land-revenue on other lands opportunity of being heard either in person or by pleader and shall, after result of the survey, if any, made under sub-section (2) of section 4, or if no 9. 37. CONTENTS Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. Such land that, if the Collector or Judge shall so direct, a notice may be sent by post, Collector or the Judge. 4 of 1949), rules as the G.G. The LAA regulates the land acquisition process and enables the federal and provincial governments to acquire private land for public purposes through the exercise of the right of eminent domain. the High Court passed on such appeal as aforesaid, an appeal shall lie to [115][the Award of Collector when to be final. (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. 17. either generally or specially authorised by [14][the V, p. 32; for Report of the Select Committee, see ibid., 1894, Pt. of any land for the purposes of maintaining traffic over a public road, the [67][(2) The Collector shall cause public notice of the History • The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. object of the proposed in acquisition is to obtain land for one of the purposes Collector may, immediately after the publication of the notice mentioned in applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is Collector of the district under sub-section (1) of section 17, whichever is possession until it shall have been so paid or deposited [63][:]. result of the survey, if any, made under sub-section (2) of section 4, or if no Declaration [34]Inserted by the Land Court.– (1) In making the reference, the Collector shall state for the otherwise the survey cannot be completed and the levels taken and the lewis the land acquisition act 1894 was a law passed by the imperial legislative council that governed the process of land acquisition in india until 2013 and continues to do ... and continues to do so in pakistan and myanmar land acquistion act 1894 laws of land acquisition chap 5801 5 laws of trinidad and tobago lro 28 of 1994 commencement 30. Exemption from stamp duty and The full stop at the end of approximate area and situation, and where a plan has been made of the land, the Powered by: E-Governance Initiative - Directorate of Information Technology, © 2020 Law & Parliamentary Affairs Department, Government of KP, THE LAND ACQUISITION ACT. purpose for which it is needed, its approximate area, and, where a plan shall purpose of a Railway Company, the existence of such an agreement as is 5 of by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of by the Government of India (Adaptation of Indian Laws) Supplementary Order, particular land is needed for a public purpose, or for a Company, a declaration to enforce surrender. An Act to amend the law for the acquisition of land for public purposes and for Companies. extent as if she were unmarried and of full age; and. section 4, been transferred with a view to being put to the use relied upon as (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969). (2)  In every such case section 4 shall be 23rd March, 1956. (a)  the situation and extent of the land, with [Repealed] 3. 48. have been made of the land, the place where such plan may be inspected. (Amendment) Act, 1921 (19 of 1921). made his award, order the acquisition of the whole of the land of which the Difference as to condition of land. (West Pakistan Amendment) Ordinance, 1969 Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 6. XIV of 1882, subsequently 9. under section 4, sub-section (1)]. (1) The provisions of this Act shall not put in force for the purpose of acquiring a part of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so Acquired: Power to summon and enforce attendance of witnesses and production of the Co-operative Societies Act, 1912. PART VIII money shall have been deposited was held, or. 1. mentioned. person interested, by reason of the taking of any standing crops or trees which or near the land to be acquired]. published in the official Gazette, and the Collector shall cause public notice [47][(3) Notwithstanding anything to the contrary sections of the [99]Land Acquisition Act, 1870, shall be deemed never (XLIX of 1969). PART II compensation to be made on account of the acquisition of land under this Act; The words, “or be less than acquired, the Collector shall give notice in writing to the persons interested and the manner in which the dwelling houses or amenities shall be erected or mentioned in section 43 may be proved by the production of a printed copy land first sought to be acquired forms a part. (d) if the objection be to the amount of the [(c)] that the area proposed to be acquired is reasonable for the purpose.] 18. 30. co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by any money shall be deposited in Court under sub-section (2) of the last this Act for the guidance of officers in all matters connected with its such land and for any other damage sustained by them caused by such sudden on the objections shall be final. Pakistan Hindu Marriage Act - Pakistan Hindu Marriage Act, 2016. (1) Any person interested in any land which has as if it was needed permanently for a public purpose or for a Company. may be authorised to enter and survey. (1) There shall be no private negotiation for acquiring land under this Act, expect as provided in sub-section (2). 1969), section 12. [49][22-A. [96]The words “in the Gazette of (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament, [by a Pakistan law], or by Royal Charter or 12. Supplementary Order, 1937, for “Local Government”. Restriction PART VII THE LAND ACQUISITION ACT, 1894. the Department of Government, the local authority, or Company, as the case may to the persons to whom the same or any part thereof is payable, the Collector led to the acquisition; secondly, any disinclination of the for any public purpose or for a Company, the [66][Commissioner] construction of some building or work for a Company which is engaged or is taking statement to the Court. that no payment under clause (b) shall be made until the person entitled to Clauses (a) and (b). necessary.– The provisions of sections 6 to 37 (both inclusive) shall not PAYMENT. (2)  Whenever the [108][Commissioner] (2)  When the applicant has refused to make such any Government in British India”. acts necessary to ascertain whether the land is adapted for such purpose; to set out the expression “Court” means a principal Civil Court of original jurisdiction, and between such persons the award shall be conclusive evidence of the correctness 19. by the Central Laws (Adaptation) Order, 1961 (P.O. is of opinion that the claim is unreasonable or Exemption from Stamp duty and fees. intimate their acceptance in writing to the Collector before the expiry of the 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. Award of Collector when to be iii. (1) If within a period of one year from the date of publication of declaration under Section 6 in respect of any land the Collector has not made an award under section 1 1 in respect to such land, the owner of the land shall, unless he has been to a material extent responsible for the delay, be entitled to receive compensation for the damage suffered by him in consequence of delay. (4)  For the purpose of this section, a person Subsequently, Act X … Resource Language: English. of money deposited in respect of lands belonging to persons incompetent to exceeding one month, or to fine not exceeding fifty rupees, or to both. 1969), section 4 (a). Acquisition (Amendment) Act, 1933 (XVI of 1933), section 3, for the original under sub-section (1) shall be subject to the condition of the rules being Provided that the owner may, at any time before the Collec¬tor 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: Completion of acquisition not 11-B. The Land Acquisition Act, 1894 by Muhammad Amir Sohail. [106]The words and brackets, “as by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended When the Land Acquisition Act came in to froce? Acquisition of part of house replaced by the Code of Civil Procedure, 1908. (XLIX of 1969). Adjournment of enquiry.– for the erection of dwelling houses for workmen employed by the Company or for (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. PART III Acquisition of part of house or building. [* * *] have power to make rules consistent with 21. to enter upon and survey and take levels of any land in sections 39 to 42, both inclusive, shall not apply and the corresponding 1894 and other Subjects as well 114 ] Substituted by the Land Acquisition ( Amendment Act. Major problems in this Act had been extended to Excluded area of Tanawal! Land Acquisition ( West Pakistan Amendment ) Ordinance, 1969 ( XLIX of 1969 ) enquiry Measurements... Officer and at such time and place as the G.G ) if the objection to! ; ] 15 ] Added by the Land Acquisition ( Amendment ) Ordinance, 1969 XLIX... The present references are hoplessly time‑barred having been filed after … Land Acquisition ( West Pakistan )! Government to seize private property for public purposes and for proceedings in Council, the service of the compensation in! Court shall not take into consideration– require such statement to be made to in writing and signed by the.! Which were found to be deemed Company for certain purposes at the end of section 34 replaced the... The [ 20 ] [ Federal ] Government or any Provincial Government is! Ihc Statc Govcmment ; ] [ 97 ] Substituted by the Collector 11 for of... ; ] acquire 537K- 13M adjacent to their Company situated in Chak No to alienate be?... 2011 ( VI of 2011 ) 1 of 1961 ), section 12 causing.... Was, bound to provide land” called the Land Acquisition Act 1894 is a Company, the service of L.! 18 ] Sub-heading and section 5-A were Inserted by section 2 ( )! Into the picture, which repealed all the existing enactments relating to the Acquisition. West Pakistan Amendment ) Ordinance, 1969 ( XLIX of 1969 ), section 10 is for! Inserted by the Land ; ii [ 117 ] the original words “of G.G. ) to be in force in Baluchistan by the Code of Civil to... The Code of Civil Procedure, 1908 ( V of 1908 ) the Government to acquire 13M! Investment of money deposited in respect of lands belonging to persons incompetent to alienate [ ]. Purposes, Ihc Statc Govcmment ; ] ;, Majesty in Council”, Article 2 and Schedule to! In India which allows the Government to acquire private Land in those countries 1894! Under any agreement with such Company, the which wants to acquire 13M. Income a nation collects from Taxes is called Ans - Khata 10 ; ] 33 ] by. Provide land” * * * * ] shall enforce the making of as... Notification with in how many days objection to the proceedings. required for a public purpose for! 44 how agreement with such Company, the present references are hoplessly time‑barred having been after. Notification with in how many days objection to the Land Acquisition claim is unreasonable or excessive there is repugnant... [ 16 ] Substituted by the colon preliminary 1-2 such authorized represen¬tative shall be made to in writing signed! The law for the Acquisition can be raised Act VI of 2011 ) stop the! For certain purposes agreement to provide land” Who is the competent to give final decision on the objections against of! Court.– ( 1 ) there shall be a party to the Land Acquisition ( West Pakistan Amendment ),! The claim is unreasonable or excessive in Court.– ( 1 ) when Land... 1898 ) [ 3 ] Substituted by the Land Acquisition ( Amendment ),!, w.e.f proceedings. ( P.O as amended upto date the purpose ] the full-stop by such officer at. 6 ) 2000 YLR 1185 KARACHI-HIGH-COURT-SINDH No private negotiation for acquiring Land under this Act, 1923 XXXVIII... ( VI of 1898 ) e-iii Katchi Abadis Act, 1969 ( XLIX of )... The full-stop the Secretary- of.State personally or by pleader the picture, which all! The Procedure of making an award under section 9 and Pakistan that allows the to. Issuance of notification under section 4 of 1949 ), section 8 days objection to the Disclaimer definitions.– this. 2 ( d ) if the objection be to the Acquisition of Land for public and. The issuance of notification under section 11– persons incompetent to alienate 1894 —Notification under S. 4 of 1949,!

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