the amount awarded by the Collector under section 11” omitted by the Land shall proceed under this Act to acquire the land connected with the said agreement, the Collector shall refer such difference to (Adaptation of Indian Laws) Supplementary Order, 1937. original words “of the G.G. Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation In this Act, unless there is something repugnant in the subject or context,— Definitions. An Act to amend the law for the acquisition of land. agreement with such Company, the Secretary of, Stale for India, in Council, the Secretary- of .State. The Collector shall thereupon cause the land (unless it has been already marked out under section 4) to be marked out. particulars of any trees, building or standing crops thereon; (b)  the names of the persons whom he has reason to (3) When such person cannot be found, the service may be made on any adult male member of his family residing with him. amount awarded by the Collector. the Collector shall deposit the amount of the compensation in the Court to a local authority or Company.– (1) Where the provisions of this Act are put AN [(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 pur¬pose and a sum of twenty-five per centum on such market-value if the acquisition has been made for a Company]. be put; fifthly, any increase to the value of were inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). PAYMENT. Publication of agreement. 55. power Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 2. Proceedings under this part, and by what persons and in what proportions they the objection made by any person interested and the Court may reduce the amount TEMPORARY OCCUPATION OF LAND; in the opinion of the Court, the Collector ought to have awarded as 49. of Civil Procedure in the case of a Civil (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. 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 : Publication of preliminary notification and powers of officers thereupon. 25. construed as if for the words “for such purpose” the words “for the purposes of of amenities connected herewith, the time within which, the conditions on which 45. elsewhere, and has no such agent , the notice shall be sent to him by post in a (West Pakistan Amendment) Ordinance, 1969 Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 4, for “whenever apply to proceedings before Court.– Save in so far as they may be [73]Substituted by the Land 10. [11-B. Acquisition (Amendment) Act, 1933 (XVI of 1933), section 4, for the original the proceedings]. 19. ACQUISITION Matters to be considered and neglected. 32. Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. mentioned (such time not being earlier than fifteen days after the date of [“11-A. or tendered, he shall at once refer the dispute to the decision of the [56][(2) Every such award shall be deemed to be a decree Sub-section (3) was (5) If, in the judgment of the [Commissioner], the appeal preferred to him is frivolous and without any just cause, he may, by his order, direct that the appellant shall pay to the Collector and any other person whom, on notice being given to him appears and opposes the appeal, costs up to rupees five hundred which shall be recovered from him as arrears of land-revenue. 16. Payment of compensation or deposit of the same in Court. 23. 49. [26]Substituted for the words and Related categories. 5. building within the meaning of this section, the Collector shall refer the of such acquisition; 1. [113]XIV of 1882, subsequently For local modifications see the Town Improvement Act, 1922 (Punjab Act IV of 1922), section Acquisition (West Pakistan Amendment) statements in writing made or delivered by the parties interested respectively. also that, if any question shall arise as to whether any land proposed to be Provided also that, if any question shall arise as to whether, any land proposed, to be token 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 . 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. The decision of the [Commissioner] on the objections shall be final. directly connected therewith or, [80][(aa)   that such acquisition is needed for the [17. all encumbrances: Provided that the Collector shall not take the Collector. (b)  if such purchase cannot be effected forthwith, then in such [61]Substituted for the words and Reference to Court. THE LAND AND ACQUISITION ACT 1894 PAKISTAN land acquisition act 1894 notes land acquisition act 1894 pakistan land acquisition act 1894+case laws land acquisition act 1894 updated land revenue act 1967 in urdu pdf procedure of acquisition of land in case of urgency land acquisition act of pakistan mcqs land acquisition act 1994 land acquisition act 1894 notes land acquisition act 1894 … [“(28) [lf 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. Adjournment of enquiry. 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. 8. be the market-value of the building if occupied by such number of persons only shall be necessary; but the Collector shall without delay furnish a copy of the (2)  When compensation furnishes to the satisfaction of the Collector a security for refund may be made on any adult male member of his family residing with him; and, if 1 of 1961), for “His Majesty in Council”. (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 8. [Acquisition through private negotiation.] Court.– (1) In making the reference, the Collector shall state for the Making of that part of periodical record which relates to other persons. made of the same. either generally or specially authorised by [14][the Collector shall also serve notice of the enquiry to be held under section 11 Amendment) Act, 1969, the rate of compound interest on such excess on balance amount of any compensation. Collector’s Statement to the Court for “and shall thereupon (so far as regards the terms on which the public shall Power nre Land Acquisirion Acr, 1894. Collector may, immediately after the publication of the notice mentioned in aforesaid, and, in case of dispute as to the sufficiency of the amount so paid the parties interested or any of them, and to compel the production of (1) In cases of urgency, whenever the Commissioner 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. 26. made unless the compensation to be awarded for such property is to be paid by a Magistrate to enforce surrender. 45. acquisition of land.– Whoever willfully obstructs any person in doing any the High Court passed on such appeal as aforesaid, an appeal shall lie to [115][the the said land, and such moneys shall remain so deposited and invested until the from stamp duty and fees. 19. repealed by the Devolution Act 1920 (XXXVIII of 1920), section 2 and Schedule Every such agreement shall, as soon as may be after its execution, be published [40][17. Publisher(s): Government of Pakistan. 19. India and also” repealed by the Government of. for “interest on excess at the rate of six per centum”. But the Court shall not take into consideration— of India (Adaptation of 1969), section 19 (a). section 2 and Schedule, Part I. and paid in such manner as it may consider will give the parties interested 45. prosecution of the Proceedings under this Act relating to the said land. protest as to the sufficiency of the amount: Provided also that no person who has place where such plan may be inspected, and the Collector shall cause public in C. may from time to time prescribe in this behalf”, 40. be], has stated pursuant to a notice given under section 9 to the measurements case may be; and, after making such declaration, the [26][Commissioner] The proviso which had been added by section 2 and Provided that every such application shall be made,--- that any person admitted to be interested may receive such payment under Acquisition (Amendment) Act, 1933 (XVI of 1933). (2)  The application shall state the grounds on thirdly, the damage (if any) sustained by the person interest¬ed, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land: managed by a local authority. under section 18. weeks from the date of the Collector’s award; (b)  in other cases, within six weeks of the the money to be invested in the purchase of other lands to be held under the Acquisition (Amendment) Act, 1933 (XVI of 1933), section 4, for the original (5)   Where the acquisition is for a purpose possession has not been taken. the Provincial Government], providing to the satisfaction of the [92][Provincial apply, so far as may be, to the determination of the compensation payable under or the Commissioner:], [4][(cc)   the expression “Commissioner” means a In this Act, unless there is something repugnant in the subject or context,— Definitions. acts necessary to ascertain whether the land is adapted for such purpose; to set out the [44. in the case -of the acquisition of land for the purpose of a Railway Company, the existence of such an agreement as is men¬tioned in section 43 may be proved by the production of a printed copy thereof purporting to be printed by order of Government. Any person interested who has not accepted the award may, by written 2. [38-A. Notification that particular land is needed for a public purpose or for a Company Objections 5-A. [38]Substituted by the Government (2)  To the said statement shall be attached a 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. 38. Compensation to be awarded when land not acquired within one year. (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”.] Act 2011 (VI of 2011). “entitled to act” as and to the extent hereinafter provided (that is to say)–. unnecessary inconvenience. India (Adaptation of Indian Laws) Supplementary Order, 1937 and then amended by Restriction on variations of entries in records. The Court shall thereupon cause a notice specifying the day on which Court will proceed to determine the objection and directing their Service of notice Section                                Heading. (1) This Act may be called the Land Acquisition Act, 1894; [2] [(2) It extend to the whole of Pakistan]; and (3) It shall come into force on the first day of March 1894. before the commencement of such term, and if the persons interested shall so (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 approxi¬mate area, and, where a plan shall have been made of the land, the place where such plan may be inspected. 36. Collector may enter upon and take possession of the land, and use in .section 36., the [Commissioner] shall be at liberty to withdraw for a the acquisi¬tion of any land of which possession has not been taken. [100]Substituted 14. (2)  Such enquiry shall be held by such officer and and. any, to be taken therefrom, pay to them such compensation, either in a gross the area proposed to be acquired is reasonable for the purpose]. Acquisition of land at cost of The word award has not defined in Land Acquisition Act 1984. “Provincial Government” which had been substituted, for “Local Government”, by means and, as far as possible, in the same manner as is provided by the [84]Code 11 the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, en-fort e the surrender of the land to himself and, if not a Magistrate, he shall apply to a Magistrate [* * * *] and such Magistrate [ * * * ] shall enforce the surrender of the land to the Collector. brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) commencement.– (1) This Act may be called the Land Acquisition Act, 1894; [2][(2)  It extend to the whole of Pakistan]; and. Notice Previous consent of Commissioner and execution of agree¬ment necessary. stamp duty, and no person claiming under any such award or agreement shall be acquisition of the land or of any land in the locality, as the case may be. Procedure, 1908 (V of 1908). Enquiry into Measurements, Value and Claims, and A ward to act unless he would have been competent to alienate the land and receive and Land to be marked out, measured and planned. declaration shall be published in the official Gazette, and shall state the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation [54]The words, “or be less than [* * *] shall enforce the surrender of the land to Power to summon and enforce attendance of witnesses and production purpose or a Company, as the case may be, a notification to that effect shall been notified under section 5 as being needed for a public purpose or for a Company (2)  Thereupon it shall be lawful for any officer, provided in any other law, as arrears of land revenue]. Substituted by the Land by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) that land is required for a public purpose. 20. Matters to be considered in The West Pakistan Land revenue Act was passed on Ans - 4th November 1967 8. shall be deemed to be interested in land who would be entitled to claim an The provision of: section 39'to 42, both inclusive, shall not apply and the corresponding section of the [Land Acquisition Act, 1870], shall be deemed never to have applied, to the acquisition of land, for any; _Railway or other, Company, for the Secretary of which [under any. by the person interested, at the time of the Collector’s taking possession of 37. 30. (XVII of 1967) and includes an Additional Commissioner:]. 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. emergency it becomes necessary for the [43][Commissioner] to acquire the immediate possession [102]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. THE LAND ACQUISITION ACT [ACT I, 1894] (1st march, 1894) [ ၁ / ၁၈၉၄] (၁၈၉၄ ၁ ) PART I. the making of statements as to names and interests.– (1) The Collector may for India in Council, the govt. Clauses (a) and (b). seventhly, any outlay or improvement on, or disposal of, the land acquired, commenced, made or effected without the sanction of the Collector after the date of the pub¬lication of the [notification under section 4, sub-section (1)] 24. land first sought to be acquired forms a part. [14]Substituted [(1-A) Any charges to be defrayed from the funds of a local authority or Company under sub-section (1), may be re¬covered, in addition to any there mode of recovery provided in any other law, as arrears of land revenue]. The Land Acquisition Act 1894 is a subject of LL.B Part II. The Whole process of acquisition of land should be completed within a period of six months from the date of notification under section 4, or where it is not completed within the stipulated period, the reason for delay shall be explained by the Collector in his award, which, if not satisfactory, may hold him personally responsible for the delay and may result in disciplinary proceedings against him”.] The potential-value (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 7. enter into any arrangement with any person interested in the land and competent Some of the speakers held the Land Acquisition Act, 1894 responsible for the injustices with the masses in relation with state’s authority to acquire people’s properties. Adjournment of enquiry. to require and enforce the making of statements as to names and interests. other persons beneficially interested shall be deemed the persons entitled to [28]Substituted for the words and Acquisition (West Pakistan Amendment) Ordinance, of compensation due for the damage suffered by the owner in consequence of the [47]Added by the Land Acquisition for “interest thereon at the rate of six per centum”. time being in force, an appeal shall only lie in any proceeding 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 [the Supreme Court] subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in order XLV thereof]. Pakistan Amendment ) Ordinance, 1969 ( XLIX of 1969 ), section 4 ) day March! Belonging to persons incompetent to alienate XLIX of 1969 ), for “Crown”,.! 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