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Collector may enter upon and take possession of the land, and use interest at the rate of eight per centum] per annum from the time of so taking Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section (1) In making the reference, the Collector shall statefor the information of the Court, in writing under his hand,— (West Pakistan Amendment) Ordinance, 1969 Act. (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”.] relating thereto, except such as may be occasioned by litigation between application or reference has been made, the Collector shall, before taking appeal shall only lie in any proceedings under this Act to the High court from of India (Adaptation of — When the amount of such compensation is not paid or deposited on or before-taking posses¬sion of the land, the Collector shall pay the amount awarded with simple interest thereon at the rate of six per centum from the time of so taking possession until it shall have been so paid or deposited].” Payment of interest. 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. not completed. ACT Land to be marked out, The de facto law enforced in Pakistan for land acquisition for infrastructure development is a colonial law: Land Acquisition Act, 1894. Particulars Enquiry into measurements, value and claims and award by the Collector. Matters to be considered in determining compensation. or of whose claims, he has information, whether or not they have respectively taking possession of the land, tender payment of the compensation awarded by Declaration that no person shall enter into any building or upon any enclosed court or (4)  Nothing in the last foregoing sub-section section 22 (a) for “the purpose of the proposed acquisition is to obtain land (a)  if the persons interested entitled to not be put in force in order to acquire land for any Company, Acquisition (Amendment) Act, 1933 (XVI of 1933). Companies Act, 1882” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 the law for the acquisition of land needed for public purposes and for construction of some building or work for a Company which is engaged or is taking possession of any land needed for public purposes or for a Company. I. [69][(4)]   In case the Collector and the persons Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Notice clauses (4) and (5), Clause (5) was, later, substituted by the Land Acquisition likely to prove useful to the public”. the Collector. 38. fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declara¬tion under section 6, by or in consequence of the use to which it will be put; by the Central Laws (Adaptation) Order, 1961 (P.O. shall first expire. possession of any land needed for public purposes or for a Company. ... Read more about Government of Pakistan; Geographical focus. Taking Possession [87]Inserted by the Land of the land to be acquired if put to a different use shall only be taken into Added by the Land Acquisition Notice 11. “Commissioner or the Board of Revenue” which were previously substituted, for 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. [96]The words “in the Gazette of (XVII of 1967) and includes an Additional Commissioner:]. Correction of mistake. or near the land to be acquired]. 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. Sections 39 to 42 not to apply where Government bound by agreement to provide [15][(3) The officer so authorised shall at the time of think interested in such land; (c)  the amount awarded for damages and paid or Penalty for obstructing [3]Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011). TEMPORARY OCCUPATION OF LAND PAYMENT 2. occupation of waste or arable land. 33. possession of the land, by reason of the acquisition injuriously affecting his [25]Substituted for the word “its” [(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] : shall be deemed to be interested in land who would be entitled to claim an appearance before the court on that day to be served on the following persons, namely :-— Area) Laws Regulation, 1950 and declared to be in force in that area with Substituted 21. proceedings under this Act; and. [31. 53. 53. [100]Substituted Whenever any land shall have been so declared to be needed for a public purpose or for a Company, the [Commissioner], or some officer authorized by the [Commissioner] in this behalf, shall direct the Collector to take order for the acquisition of the land. taken under this Act does or does not form part of a house, manufactory or unnecessary inconvenience. 30. other property, movable or immovable, in any other manner, or his earnings; fifthly, if, in consequence of the acquisition of the land 40. Substituted (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. act with reference to any such case, and that to the same extent as the persons (1) of section 4, such previous notification, so far as it relates to the Exemption from stamp duty and declaration shall be published in the official Gazette, and shall state the Provided that no payment under clause (b) shall be made until the person entitled to compensation furnished to the satis¬faction of the Collector a security for refund of the amount, if any which may subsequently be found to be excess of the compensation awarded to him by the Court."] to persons interested.– (1) The is being acquired, and require it to depute a duly authorised representative to 47. [38]Substituted by the Government August 2016. [35]Inserted by the Land (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament, [by a Pakistan law], or by Royal Charter or The proceeding before him cannot be called legal progressing. [Process of acquisition.] by the West Pakistan (Adaptation and Repeal of 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. 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 . notice or of any proceedings thereunder, and shall pay such amount to the (1) In determining the amount of compensation to be awarded for land acquired under this Act the Court shall take into consider consideration: Matter to be considered in determining compensation. 17. Hearing of objections … He practices the executive and administrative power. February 1894. Substituted by the Land 7. An Act to amend the law for the acquisition of land for public purposes and for Companies. particular land is needed for a public purpose, or for a Company, a declaration Books Recommended: 1. [(3) The officer so authorized 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 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]. Enquiry (a) the situation and extent of the land, with particulars of any trees, building or standing crops thereon : 23. such land, which shall thereupon vest absolutely in the Government free from 11-A. 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. 32. sections of the. w.e.f. 8. (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “it”. Publication of agreement. [31][(5) The [56 Bar of legal proceedings against Revenue Officer. of any land for the purposes of maintaining traffic over a public road, the Ordinance, 1965 (I of 1965). [Repealed] 3. Unlike Pakistan, India and Myanmar keep on modifying the law considering the lacunas of 1894’s law concerning human/environmental rights. on, or disposal of, the land acquired, commenced, made or effected without the Matters to be considered and (b) 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 ii. Hearing of objections. 14th October, 1955. (2)The provisions of Part II of this Act, shall apply so far as may be possible to the determination of the compensation payable under this section. trustees for 12. of the substance of such notification to be given at convenient places in the by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended the report, if any, made under section 5-A, sub-section (2)], that any Under Article 5A of the Provisional Constitution Order 1999 particulars of any trees, building or standing crops thereon; (b)  the names of the persons whom he has reason to at such time and place as the [83][Commissioner] of India (Adaptation of (West Pakistan Amendment) Act, 1969 (III of * *] If the [86][Commissioner] 18. “entitled to act” as and to the extent hereinafter provided (that is to say)–. [52]Substituted by the Land the land or to the amount of the compensation, the Collector, [48][and Rules 4. near the land to be taken, stating that the Government intends to take (2)  Whenever it may be practicable, the service of may be on the land at the time of the Collector’s taking possession thereof; thirdly, the damage (if any) sustained 4 of 1949), [7][of the United Kingdom] or [8][by a Pakistan law], or by Royal Charter or 41. compensation, the award of the Court may direct that the Collector shall pay [58][compound behalf, within the revenue district in which the land is situate. the reference unless in its opinion there is a prima facie case for inquiry into and determination of the person lawfully entitled thereto. 41. [40]Substituted enforcement, and may from time to time alter and add to the rules so made. [“(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. elsewhere, and has no such agent , the notice shall be sent to him by post in a awarded by the Collector if it considers it just and proper]. 33. 11. section 40] [89][he] land acquired will be put ; or. compensation under the award and the Provincial Government accept the award and (a)  the costs of such investments as aforesaid; (b)  the 47. Pt. 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; (3)  The said declaration shall be conclusive the parties interested or any of them, and to compel the production of may, within thirty days after the issue of the notification, object to the (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. it appears to the Local Government”. (2)  Thereupon it shall be lawful for any officer, acquisition is needed for the construction of a work, and that such work is 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 maybe) in the same manner, as is provided in the case of a Civil Court under the [Code of Civil Procedure]. Dispute as to apportionment.– place of business, the reasonable expenses (if any) incidental to such change; [12-A. may be authorised to enter and survey. 37. documents by the same means, and (so far as may be) in the same manner, as is acquired; sixthly, Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section sections 39 to 42, both inclusive, shall not apply and the corresponding THE LAND ACQUISITION ACT [ACT I, 1894] (1st march, 1894) [ ၁ / ၁၈၉၄] (၁၈၉၄ ၁ ) PART I. 39. replaced by the Code of Civil Procedure, 1908. IAct no. 39 to 42 not to apply where Government bound by agreement to provide land for be put; fifthly, any increase to the value of Difference as to condition of publication of the notice mentioned in sub-section (1) of section 9, take no such award has been made, may, on the expiration of fifteen days from (3)  In the case last hereinbefore provided for, no personally or by agent before the Collector at a time and place therein division in which the land is situate, the purpose for which it is needed, its Acquisition (West Pakistan Amendment) 9. (1) Such consent shall not be given unless the [Commissioner] be satisfied, [either on the report of the Collector under section 5-A, sub-section (2) or] by an enquiry held as herein after provided - Previous enquiry. 1969), section 4 (a). Commissioner (as the case may be)”, omitted ibid. 45. words “of the Company” were inserted. by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended The decision of the [Commissioner] on the objections shall be final. (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 forthwith e 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— Watch Queue Queue * * * * ၁ ၂ 3. (XVI of 1957), for “it”. Collector may, immediately after the publication of the notice mentioned in Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the [Code of Civil Procedure]shall apply to all proceedings before the Court under this Act. 31. declaration Collector to take order for acquisition.– Whenever any land shall have been so declared to the G.G. acquired: Provided 4653‑54/19‑ACA/ACQ, dated 13‑8‑1978 to prefer their claims, objections on the date fixed i.e. (2)  When Objection against the acquisition of Land shall be made to in writing. 36. 22. reasons, see Gazette of India, 1892, Notice to Persons interested. Investment of money deposited may authorise any officer of any Company desiring to acquire land for its [(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]. Collector of the district under sub-section (1) of section 17, whichever is 32. neglected.– In determining the amount of compensation the Collector shall 48. [(4) When the area in respect of which the said declaration is made is less than the area previously notified under sub-section (1) ofsection4, such previous notification, so far as it relates to the excess area, shall be deemed to have been superseded by the said declaration]. awarded belonged to any person who had no power to alienate the same, the Court Acquisition of part of house or building. Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 9. An Act to amend the law for the acquisition of land. Acquisition (West Pakistan Amendment) The law that governs land acquisition in Pakistan is the Land Acquisition Act of 1894 (LAA) and successive amendments. acquisition of the land or of any land in the locality, as the case may be. Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 6. The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. [73]Substituted by the Land 38-A. (4)  In case any person so interested resides (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. [35][12-A. (4) Nothing in the last foregoing sub-section shall be con¬strued 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 contract in respect thereof. of documents. their representatives when the award is made. [34]Inserted by the Land Notice to persons interested. the Company; [95][(4)   where 2 (d). of the substance of such notification to be given at convenient places in the 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 : Collector may, immediately after the publication of the notice mentioned in In deciding on such a reference, the Court shall have regard to the question whether the land proposed to be taken is reason¬ably required for the full and unimpaired use of the house, manufactory or building. Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for awarded by the Collector if it considers it just and proper]. [114]Substituted by the Land account transfer of land similarly situated and in similar use. for a public purpose or for a Company.– Where land is to be acquired for a public purpose, the [17][Commissioner], and where land is to be acquired Laws (Statute Reform) Ordinance, 1960 (Ordinance XXI of 1960), section 3 and [23]Substituted for the words and You can also learn more about the MCQs of Land Acquisition Act 1894 and other Subjects as well. he land acquisition act, 1894 ( india act i, t»4) with the rules and directions issued thereunder ( corrut

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