Updated: Wednesday May 01, 2013/AlArbia'a Jamada El Thaniah 21, 1434/Budhavara Vaisakha 11, 1935, at 08:46:14 PM

[1][1]The Land Acquisition, Act, 1894

(Act I of 1894)

[2 February 1894]

An Act to amend the law for the acquisition of land for public purposes and for Companies.

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 account of such acquisition;

            It is hereby enacted as follows:---

Court Decisions

Applicability of S. 5, Limitation Act, 1908 to proceedings under Land Acquisition Act, 1894. S. 3, Limitation Act, 1908 would bar remedy in different cases when relief was sought after specified time for bringing about claim. Section 5, Limitation Act, 1908 was exception to such bar and provided for admission of claim even after expiry of period of limitation provided the appellant or applicant satisfied Court that he had sufficient cause for not preferring appeal or making application within such period. P.L.J.1998 Pesh. 88.

PART I

PRELIMINARY

1.         Short title, extent and commencement.— (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.

2.         [Repeal]. Repealed partly by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II, and partly by the Repealing Act, 1938 (I of 1938), section 2 and Schedule.

3.         Definitions.— In this Act, unless there is something repugnant in the subject or context:---

         (a)   the expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth:

         (b)   the expression “person interested” include all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;

         (c)   the expression “Collector” means the Collector of a district, and includes a [3][3][District Officer (Revenue)] and any officer specially appointed by the [4][4][Board of Revenue or [5][5][Executive District Officer (Revenue)]] to perform the functions of a Collector under this Act:

    [6][6][(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]:

             (e)    the expression “Company” means a Company registered under the [7][7][Companies Ordinance, 1984], or under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament [8][8][of the United Kingdom] or [9][9][by a Pakistan law], or by Royal Charter or Letters Patent [10][10][and includes a society registered under the Societies Registration Act, 1860, and a Registered Society within the meaning of the Co-operative Societies Act, 1912[11][11]]:

          (f)   the expression “public purpose” includes the provision of village-sites in districts in which the [12][12][Provincial Government] shall have declared by notification in the official Gazette that it is customary for the Government to make such provision: and

         (g)   the following persons shall be deemed persons “entitled to act” as and to the extent hereinafter provided (that is to say)—

                 trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability;

                 a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and whether of full age or not, to the same extent as if she were unmarried and of full age; and

                 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:

                 Provided that,---

                     (i)   no person shall be deemed “entitled to act” whose interest in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;

                    (ii)   in every such case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;

                   (iii)   the provisions of Chapter XXXI of the [13][13]Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and

                   (iv)   no person “entitled to act” shall be competent to receive the compensation-money payable to the person for whom he is entitled to act unless he would have been competent to alienate the land and receive and give a good discharge for the purchase-money on a voluntary sale.

 

AMENDMENTS


West Pakistan
: For the existing clause (d), the following clause shall be substituted, namely:

(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 upon to the limits of his pecuniary jurisdiction.

Balochistan: After clause (e) the following clause shall be deemed to be inserted, namely:---

(ee)      the expression ‘local authority’ includes the Quetta Development Authority, established under Section 3 of the Quetta Development Authority Ordinance, 1976.

Town Improvement: After clause (e) of Section 3 the following shall be deemed to be inserted, namely: -

(ee)      the expression ‘local authority’ includes a Trust constituted under the Town Improvement Act, 1922’.

Karachi (Development),

(ee)      the expression ‘local authority’ includes in the Karachi Development Authority, established under Article 3 of the Karachi Development Authority Order, 1957.’

Court Decision

Constitution of Pakistan, 1973, Art. 199. Whether Intra-Court "appeal was competent against Judgment of single Judge in High 'Court passed in exercise of Constitutional Jurisdiction under Art. 199 of Constitution. Perusal of subSection (2) of section 3 of Act indicates that appeal is competent before Bench of two or more Judges of High Court from order made by single Judge of High Court under clause (1) of Art. 199 of Constitution not being an order under sub-paragraph (i) of paragraph of that clause. Proviso to above sub-section (2) places embargo to right to file appeal against order passed under clause (1) of Article 199 of Constitution if proceedings under latter provision arise out of any proceeding in which law applicable provided for at least one appeal or one revision or one review to any Court, Tribunal or authority against original order.  P.L.J.1998 SC 588 = 1998 SCMR 167 = NLR 1998 Rev. 132.

            Relevant date for assessment. Relevant date for purpose of assessment of compensation was that of notification under S. 4, Land Acquisition Act, 1894 and not declaration under S. 6 of the Act. Referee Judge erred in taking market value on date of declaration under S. 6 of the Act. Such finding of Referee Judge was contrary to statutory provision. Slump in prices subsequent to one year average at the date of notification under S. 4, Land Acquisition Act» 1894, would be relevant factor in determining its potentiality but not for purpose of laying foundation in determination market value of land. No good reason had been advanced by Referee Judge for discarding market value of land on date of notification under S. 4, Land Acquisition Act, 1894. One year average, preceding date of notification under S. 4 of the Act should be taken to be market price of land for determining compensation.  P.L.J.1998 Pesh. 81.


              Acquisition of land for WAPDA
. Compulsory acquisition charges. Rate of. Whether WAPDA is a company, and at what rate, it should pay compulsory acquisition charges. Question of. WAPDA was a "Company" under Section 3 for purpose of Land Acquisition Act, therefore, liable to pay higher rate of acquisition charges i.e. 25%.  P.L.J.2001 SC 1162 = 2001 SCMR 974.

             Whether diversification of purpose could render Award as illegal or void. Law of Acquisition is based on doctrine of "SALUS POPULI EST SUPREML LAX" (The safety of the people is the supreme lag) which means interest of public is paramount. Any thing which is useful, beneficial and advantageous for public or in its interest can be termed as public purpose. Public purpose is not a static one and is subject to vary with times and legislature has left it to the discretion of Government to determine that as to what is a public purpose initiate and complete acquisition process of a given land for a public purpose. Government is sole authority to make any change in the purpose for which land is acquired subject to condition that purpose must remain "public purpose". Legality of Award cannot be challenged on ground that land was being utilized for any other public propose.  P.L.J.1996 Qta. 135 = 1996 MLD 731.

              Petitioners do not appear anywhere in record. Whether they are interested and aggrieved persons and whether petitions are maintainable. Petitioners claim either as partners or as next of kins of deceased partners m firm." Under Land Acquisition Act, any "Interested Person", as that term is defined in section 3 , can act in relation to acquisition proceedings and definition includes a person claiming interest in compensation to be made on account of acquisition of land under such Act etc.. Petitioners qualify as interested persons within meaning of definition clause. Besides, concept of aggrieved party in Art. 199 of Constitution signifies very broad category. On either score petitioners qualify and petitions are maintainable.  P.L.J.1996 Kar. 946 = PLD 1997 Kar. 13.

             Amount of compulsory acquisition charges. Referee Judge enhancing such charges from 15 per cent. awarded by Collector to 25 per cent. for the reason that Authority (WAPDA) for whom land had been acquired was "Company" with meaning of S, -3(2), Land Acquisition Act, 1894. Status. Authority (WAPDA) for whom land had been acquired being body incorporated by Act of Parliament was entitled to acquire and hold property, to have perpetual succession and common seal, was "Company^ within meaning of S. 3(2) of the Act. Land acquired for Authority (WAPDA) would be deemed to be acquisition for public purpose* within meaning of S. 13(3), Land Acquisition Act, 1894. Authority (WAPDA) though a "Company" but since land in question, had been acquired for public purpose, land owners were entitled to 15 per cent. compulsory charges under S. 13(2), Land Acquisition Act, 1894 instead of 25 per cent. Finding of Referee Judge was modified accordingly.   P.L.J.1998 Pesh. 81.

            Whether appellant could be termed as "interested person" within meaning of S. 3 Interested person is person by reason of his interest in land acquisition as owners, tenants, and alike, and not person interested as acquiring land, therefore, person who wants that land may be acquired, and on whose initiative, land was acquired, could not be considered as "interested person" within meaning of 'interested person*, as, provided in Section 18 of Land Acquisition Act.  P.L.J.1999 AJ & K 69.

PART II

ACQUISITION

Preliminary Investigation

4.         Publication of preliminary notification and powers of officers thereupon.— [14][14][(1) Whenever it appears to the Collector of the District that land in any locality is needed or is likely to be needed for any public purpose or for a Company, a notification to that effect shall be published in the official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality].

            (2)        Thereupon it shall be lawful for any officer, either generally or specially authorised by [15][15][the Collector of the District] in this behalf, and for his servants and workmen,—

            to enter upon and survey and take levels of any land in such locality;

            to dig or bore into the subsoil;

            to do all other acts necessary to ascertain whether the land is adapted for such purpose;

            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;

            to mark such levels, boundaries and lines by placing marks and cutting trenches; and,

            where otherwise the survey cannot be completed and the levels taken and the boundaries and lines marked, to cut down and clear away any part of any standing crop, fence or jungle:

            Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

AMENDMENTS

West Pakistan: (a) For sub-section (1), the following sub-section shall be substituted, namely: -

‘(I)       Whenever it appears to the Collector of the District that land in any locality is needed or is likely to be needed for any public purpose or for a Company, a notification to that effect shall be published in the official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality’;

(b)        in sub-section (2), for the words ‘“Executive District Officer (Revenue)” or the Board of Revenue’, the words ‘Collector of the district’ shall be substituted ; and

(c)        after sub-section (2), as so modified, the following new sub-section shall he added, namely :-

‘(3)       The officer so authorised 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 to 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’.

Town Improvement: The first publication of a notice of any improvement scheme under Section 36 of the Punjab Town Improvement Act, 1922 shall be substituted for an have the same effect as publication in the official Gazette and in the locality of notification under sub-section (1) of Section 4 of the Land Acquisition Act, 1894 except where a declaration under Section 4 or Section 6 of the said Act has previously been made and is still in force

Quetta Development: The first publication of a notice of an improvement scheme under Section 47 of the Quetta Development authority Ordinance, 1977 shall be substituted for and have the same effect as publication in the official Gazette and in the locality of a notification under subsection (1) of Section 4 of the Land Acquisition Act except where a notification under sub-section (1) of Section 4 or a declaration under Section 6 of the said Act has been previously made and is in force.

Punjab (Thal Development): The first publication of a notice of a development scheme under S. 22 of the Thal Development Act, 1949, shall be substituted for and have the same effect as publication in the Gazette and in the locality of a notification under sub-section (1) of Section 4 of the said Act, except where a notification under Section 4 or a declaration under Section 6 of the said Act has previously been made and is still in force.

W.P. Soil Reclamation: The first publication of a notice of a reclamation scheme under S. 18 of the Punjab Soil, Reclamation Act, 1952, shall be substituted for and have the same effect as publication in the Gazette and in the locality, of a notification under sub-section (1) of Section 4 of the said Act, except where a notification under Section 4 or a declaration under Section 6 of the said act has previously been made and is still in force.

Karachi Development: The first publication of a notice of an improvement scheme under Article 45 of the Karachi Development Authority Order, 1957, shall be substituted for and have the same effect as publication in the official Gazette and in the locality of a notification under subsection (1) of Section 4 of the said Act except where a notification under sub-section (1) of Section 4 or a declaration under Section 6 of the said Act has been previously made and is in force.

Court Decisions

Factors to be considered--­Where long period had elapsed between notification and announcement of award and during that period prices of land had risen sharply, the Court, while determining the market value, had to take into account circumstances, such as potential value i.e. the benefits, advantages arising from the present use and future use, the inflationary trend and depreciation in currency while assessing the compensation. 2000 Y L R 1123 PLD 1988 SC 32 and 1993 CLC 179 ref.

Trial Court enhanced the compensation as per market value, 15 % compulsory acquisition charges, additional compensation at the rate of 15 % per annum and simple interest at the rate of 6% per annum on the excess amount were also awarded under S.28, Land Acquisition Act, 1894, by Trial Court to the respondent---Order of Trial Court being according to the facts and law, was maintained. 2000 Y L R 1123 PLD 1996 SC 77; PLD 1982 Kar. 147; PLD 1986 Kar. 164; PLD 1969 Azad J&K 46; PLD 1976 Pesh. 50; PLD 1963 Azad J&K 10; PLD 1954 Lah. 265; 1991 MLD 90; 1996 CLC 1193; 1997 SCMR 1692; 1996 SCMR 1820; 1992 CLC 1775; 1991 MLD 90; PLD 1992 SC 472; 1999 MLD 2922; 1993 CLC 179 and PLD 1968 Lah. 148 ref.

Onus to prove—Landowners disputed the compensation of award being insufficient—Objection petition was filed before the Referee court on the ground that the Authorities had not considered the compensation price of other land in the same vicinity acquired for some other purposes—Landowners failed to produce evidence to substantiate their objection and the petition was dismissed by the Court—Validity—Landowners were under the burden to produce some party to the transaction on which they relied to prove the factum of genuineness and bona fides of the transaction—Mere production of such mutation in evidence was insufficient for establishing the bona fides and genuineness of the transaction relied upon by the landowners—Referee court, after evaluation of evident and revenue papers including the Aks Shajara Kishtwar, had rightly passed the judgment and the same did not suffer from legal infirmity—Landowners failed to prove through positive evidence that during the relevant days the price of land in the vicinity was higher than what was determined by the Authorities by applying the formula of one yearly average—Compensation was rightly calculated by the Authorities in circumstances. 2004 M L D 324

Effect of Notification under S. 4 of Land Acquisition Act 1894—Notification under S. 4 of Land Acquisition Act 1894/S. 13 of Punjab Housing Act, 1973 constitute implied warning to public at large that any transaction whatever with regard to land intended to be acquired would be made by transferees at their own risk—Once possession of land in question, was taken in pursuance of notification by respondent Department, then title of such land vested in that Department—Land in question, having been admitted by acquired in 1981, decree of trial court on basis of oral gift made in 1983, was justifiably reversed by Appellate court. P L J 2004 Lah. 291

Additional compensation—Dispute was with regard to the payment of additional compensation under S. 28-A of Land Acquisition Act, 1894 regarding the land acquired in the year 1960—Authorities refused to pay additional compensation on the ground that the landowners had received certain portion of compensation and the matter had become past and closed transaction—Validity—Whenever land owner received part of the compensation payable or even the entire amount due at a particular point of time, the matter would not become past and closed transaction and the provisions of S. 28-A of Land Acquisition Act, 1894, would not become inapplicable as the same was not a case of a live or dead issue—Question of amount of compensation payable from the date of notification under S. 4 of Land Acquisition Act, 1894, till the entire amount of compensation was determined was a single transaction and additional compensation under S. 28-A of Land Acquisition Act, 1894, would have to be calculated by bifurcating the unpaid amount from that which had already been paid to landowner—Additional compensation was to be calculated only on the basis of the unpaid amount in view of proper construction of S. 28-A of the Act—Landowners were entitled to receive the additional compensation under S. 28-A of Land Acquisition Act, 1894 for the unpaid amount of the compensation from the date of notification under S. 4 of Land Acquisition Act, 1894 till the final payment of the compensation was made to them. PLD 2003 Kar. 174

Assessment of market value—Market value has been described as what a willing purchaser would pay to the willing seller—for assessing the market value, it is also essential to look into the location of he land in question, potentiality and the sale price of similar kind of land in vicinity at the relevant time. PLD 2003 SC 480

Relevant date for assessment. Relevant date for purpose of assessment of compensation was that of notification under S. 4, Land Acquisition Act, 1894 and not declaration under S. 6 of the Act. Referee Judge erred in taking market value on date of declaration under S. 6 of the Act. Such finding of Referee Judge was contrary to statutory provision. Slump in prices subsequent to one year average at the date of notification under S. 4, Land Acquisition Act» 1894, would be relevant factor in determining its potentiality but not for purpose of laying foundation in determination market value of land. No good reason had been advanced by Referee Judge for discarding market value of land on date of notification under S. 4, Land Acquisition Act, 1894. One year average, preceding date of notification under S. 4 of the Act should be taken to be market price of land for determining compensation.  P.L.J.1998 Pesh. 81.

Acquired land. Value. It is now a well settled law that in assessing market value of land, it present use alone is not relevant. Possibility of land being used for a different purpose in future and its potential value on account of its situation near developed area/land are important factors which courts have to keep in view while determining market value of acquired land. Market value of land is often described as price which a willing purchaser is ready to offer for land to a willing seller and therefore, one year's average sale price of similar lands in vicinity preceding date of notification under section 4 of Act, cannot be adopted as sole yardstick for assessing market value of acquired land.  P.L.J.1997 SC 1492 = 1997 SCMR 1692.

Deviation from procedure. Whether vitiate proceedings and liable to be struck down. It is correct, as a principle of general application, that a law creating clog on Fundamental Rights and particularly one touching life, liberty or property, as guaranteed in Constitution, is to be strictly construed and in-roads into any such rights must conform to constitutional freedoms enJoyed by all and sundry.  P.L.J.1996 Kar. 946 = PLD 1997 Kar. 13.

Publication of second notification. As to validity of second notification when first apprehended or found to be faulty, latter can be withdrawn and acquisition proceedings may be commenced de novo subject to applicable constraints, principle amongst which would be determinationOf market value of acquired land as on date of successor notification under section 4 of Act and investments or other commitments preceding such notification would remain assessable in computation of compensation under section 23 of Act.  P.L.J.1996 Kar. 946 = PLD 1997 Kar. 13.

Determination of Market Value. Market value fixed at Rs. 12592/- per marla by collector. Enhancement of market value of acquired land from Rs. 12,592/- to Rs. 20,000/- per marla with 5% compulsory acquisition charges as well as simple interests at the rate of 6 percent by Referee Judge (Senior Civil Judge) in appeal. Acquired land is situated on main Mardan-Nowshera High-way which is amidst Abadi and sorrounded by locomotive factory, Petrol Pump, brick-kiln and shops, therefore, land subject matter of acquisition is commercial in nature and of high potential value price of acquired land. One year preceding issuance of Notification under section 4 actual and correct price would have been properly determined only if Referee Judge had attempted to reach at Just and fair calculation either by inspecting spot himself or by getting report of local commissioner so appointed in this behalf. There is no option but to set aside Judgment and decree of learned Referee Judge. Case remanded back for decision afresh.   P.L.J.1998 Pesh. 160 =  1998 MLD 1075 - NLR 1998 Rev. 55.

Possession of suit property without Notification. Whether possession is illegal and unauthorised. Under Section 4 of Act whenever it appears Provincial Govt. that land is likely to be needed for any public purpose preliminary notification to that effect is required to be published in Official Gazette. Upon such notification officers and staff could enter upon land set out boundary, conduct survey and take other measure enumerated in sub-section (2) Thereafter under Section 5-A (which was added in 1923) objections to notification under Section 4 could be made within 30 days after issue of such notification and Collector is required to hear all objections and direct making any enquiry if he thought it fit to do so. It is thus evident that property is duly acquired only when all elaborate requirements of law have taken place and award is made by Collector-.No evidence whatsoever has been placed before Court indicating that above requirements of law had been followed. On the other hand it is admitted position that no award of compensation was made and no compensation was paid. At the same time it is also surprising how two notifications i.e. one under Section 4 and other under Section 6 were simultaneously made by Chief Commissioner and published in Gazette. Obviously, declaration under section-6 could be made only after giving allowance for 30 days period for hearing of objections under Section 5-A. Indeed in case of urgency requirement of Section 5-A could be dispensed with in view of provisions of Section 17(4) However, in absence of specific declaration as to such urgency enabling exercise of exceptional power. Even declaration purported to be made under Section 6 published in Gazette was ultra-vires power of Chief Commissioner to subsequent notifications, accordingly are also inconsequential and of no legal effect whatsoever. Even otherwise, requirements of Sections 9 & 11 having admittedly not been followed, there is no escape from conclusion that suit land has not been acquired by defendant under requirement of law. Possession of defendants is unauthorised.    P.L.J.1998 Kar. 181.

Surplus land after collection of public purpose. Such land can be utilised by the Government according to its option. Writ petition filed by a person who had no locus standi to file the same was thus, not warranted.   P.L.J.2000 SC (AJ&K) 366.

Acquisition proceedings when delayed :-- Acquisition proceedings relating to land in question, initiated but not finalized. Acquisition proceeding having been initiated in 1990 were not finalized even in 1998. Department concerned for which land in question, was intended to be acquired was still in process of making arrangements for availability of funds. Keeping petitioners in suspense and depriving them from exercising their legitimate right over property in question, of which value was enhancing constantly over the years was unfair. Even otherwise imposing un-reasonable restrictions on petitioners to acquire, hold and dispose of property in question, was against the principle enshrined in Art. 23 of the Constitution. Provincial Government could not be allowed to exercise unfettered powers to proceed with acquisition proceedings with no time limit. Impugned notifications for acquisition under S. 4, Land Acquisition Act 1894 and subsequent proceedings taken thereunder were quashed in circumstances.   P.L.J.2000 Pesh. 211.

            Land Acquistion for school. Notification under Section , 4 is a public pronouncement by appropriate Government in respect of land needed for a public purpose. Personal or individual service of notification is least insisted. Conditions prescribed under Section 4, have been fairly complied with. Object of Section 5-A is to afford an opportunism to owner of land to put forward his objections. Government has to take final decision in light of such objections. Inquiry conceived by Section 5-A, is summary is nature and no Formal procedure is prescribed. Principle of natural Justice is obviously applicable to inquiry and decision of Government all objections filed by petitioner and co-owners of land, were beyond period of 30 days of notification and were not entertainable in eye of law. Declaration under Section 6 was made in a proper manner. Formalities described in Sections 4, 5-A and 6 having been complied with by Collector, objections merits no consideration.   P.L.J.1994 AJK 63 = 1994 MLD 920.

Joint Notification. There is nothing in Act against issuance of (Joint) Notification under section 6 and 17. Nor any prejudice to petitioner is shown to have thereby occasioned.  P.L.J.1997 SC 442 = 1997 SCMR 296 = NLR 1997 Rev. 78 = PLC 1997 (C.S.) 516.

Land acquired for Tarbela Dam Project. Assessment of price and compensation amount. Referee Court enhanced amount. Fresh application of enhancement of price filed. Revision petition against. Respondents filed second objection petition before Collector on 14.11.1972 but it was Collector who forwarded same to Referee Court after considerable delay on .14.9.1978. Collector had forwarded their earlier objection petition in time why he kept second objection petition with him for almost 6 years. If is true that no time limit has been fixed by law for Collector for sending a like objection petition but it was for respondents to have proved that they had in fact moved the Collector with a written application u/S. 18 on 14.11.1972 and it was Collector who sent it to Referee Court on 14.9.1978 for no fault on their part. Respondents are also required to prove that what necessitated them to file another objection petition when they had already in previous objection certificate received enhanced compensation amount. It is not understandable that why Collector kept on waiting another objection petition by sitting over it for almost 6 years and waiting for decision of earlier petition of by Referee Court. Respondents had played fraud on court with collusion of Collector and got processed second petition before Referee Court for receipt of double payment of compensation amount by practicing fraud and misrepresentation on court with collusion of officials of Acquiring Department.  P.L.J.1996 Pesh. 210.

Constitutional Powers of High Court :-- Grievance has been raised by petitioner that compensation for acquisition of land has not yet been made despite fact that land has already been utilized for construction of Spur Bund No. 3, Multan on River Chenab. In exercise of powers conferred under clause 'C’ of Article 199(1) High Court can issue appropriate direction to any person or authority, including any government for enforcement of any fundamental rights. Resultantly, it is directed that Secretary Irrigation, Government of Punjab shall take immediate steps to arrange requisite funds which shall in any case be deposited with Land Acquisition Collector. In case funds are not released, petitioner will be at liberty to move court afresh for attaching salaries of officers of Irrigation Department.  P.L.J.1997 Lah. 570 = 1997 MLD 1792 = NLR 1997 Rev. 108.

Determination of compensation. Whether relevant date for assessment of market value is that of publication of Notification under Section 4(1) of the Act. Question of. According to Statute, relevant date for assessment of market value was that of Notification under Section 4 and not declaration under Section 6. Slump in prices subsequent to one year average at the date of notification under Section 4 would be relevant factor in determining its potentiality, but not for purpose of laying foundation in determining market value of land.  P.L.J.2001 SC 1162 = 2001 SCMR 974. First consideration is market value of land at the time of publication of Notification under S. 7 of Land Acquisition Act, 1894 while, from other " criteria have been defined in S. 23 of Land Acquisition Act, 1894 from determining compensation which includes^ damages sustained by owner due to destruction of standing crops or trees; damages from severing of acquired land from other land; inJury suffered by owner due to acquisition; change of residence or place or business of owner due to such acquisition and lastly any bona fide result from diminution of profits of land during period commencing after publication of declarations and time of Collector's taking possession of land.   P.L.J.1997 Kar. = 1997 CLC 848. Land was acquired for benefit of company and for commercial purpose so fiat adjusted rate fixed by referee court is satisfactory. Appellants are however, entitled to receive 25% compulsory acquisition charges under section 23 (2) of the Act instead of 15% compulsory Acquisition charges as allowed by Respondent and Referee CourtP.L.J.1996 Pesh. 196 = 1996 CLC 1640.

            Resumption of Land after Acquisition :- Respondents have not been able to prove that petitioners had disposed of area for residential purposes. Unless it was proved, no action would be taken in any case on said premises and could not be taken as breach of condition of allotment. Respondents have failed to show arrears allegedly outstanding against petitioners. No demand for payment of arrears was ever made nor any such notice has been placed on file. Simple presumptions not supported by material on record, go a long way to prove malafide of Colony Assistant passing resumption order and malafides cannot be allowed to sustain.  P.L.J.1996 Lah. 42 = PLD 1996 Lah. 219:

Compensation payable to land owners for acquisition of their land. Valuation ascertained by acquisition Judge was modified by the High Court. Judgment of High Court whereby amount per kanal through consolidated Judgment was not sustainable being not based on any material. High Courts finding that as the land which was acquired was to be used for construction of road, compensation should be paid at uniform rate and not according to kind of land was violative of principles envisaged in s. 23 of Land Acquisition Act, 1894, according to which compensation has to be assessed as market value of land at the date of publication of notification under S. 4 "of the Act. Market value of land means, value of land which availing purchaser was prepared to pay and willing seller was prepared to sell. Government having not appealed to High, Court against Judgment of Acquisition Judge, S.C. would not interfere in finding of Acquisition Judge which were given without recording evidence. Order of enhancement made by Acquisition Judge was maintained while that of High Court relating to uniform valuation of land in question was set aside.   P.L.J.2000 SC (AJ&K) 158.

            Whether Section 23(2) of the Act can operate retrospectively. Question of. Land was acquired on 11.1.1991 vide Notification u/S. 4 of the Act,, whereas appellant company held liable by Referee Judge to pay 25% compulsory acquisition charges instead of 15% was incorporated on 23.11.1998. Contention that compensation could not be enhanced in view of Section 23(2) of the Act, which was not operative retrospectively. Held : Incorporation of appellant/company would not operate retrospectively. Held Further: On crucial date of notification u/S. 4 of the Act, appellants were not incorporated as a company,, therefore,  landowners could neither invoke provisions of Section 23(2) of the Act nor they could be awarded compulsory acquisition charges at 25%. P.L.J.2001 SC 1168

      [16][16][(3)      The officer so authorised 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 to 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].

[17][17][5.  Notification that particular land is needed for a public purpose or for a Company.— Where land is to be acquired for a public purpose, the [18][18][Executive District Officer (Revenue)], and where land is to be acquired for a Company, the Provincial Government, is satisfied, after considering the result of the survey, if any, made under sub-section (2) of section 4, or if no survey is necessary, at any time, that any particular land included in a locality notified under sub-section (1) of section 4 is needed for a public purpose or a Company, as the case may be, a notification to that effect shall be published in the official Gazette, stating the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area and situation, and where a plan has been made of the land, the place where such plan may be inspected, and the Collector shall cause public notice to be given of the substance of the notification at convenient places on or near the land to be acquired].

[19][19][Objections

5-A.   Hearing of objections.— (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.

                (2)           Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector 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 [20][20][Executive District Officer (Revenue)] together with the record of the proceedings held by him and a report containing his recommendations on the objections. The decision of the [21][21][Executive District Officer (Revenue)] on the objections shall be final.

            (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 [22][22][Executive District Officer (Revenue)] with regard to the area that in his opinion is reasonable for the purpose.

            (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.]

AMENDMENTS

West Pakistan 5-A. Hearing of objections: (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.

(2)        Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard either in person or by pleader and shall, after hearing all such objections and after making such farther inquiry, if any, as he thinks necessary, submit the case for the decision of the “Executive District Officer (Revenue)”, together with the record of the proceedings held by him and a report containing his recommendations on the objections. The decision of the “Executive District Officer (Revenue)” or the objections shall be final.

(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 “Executive District Officer (Revenue)” with regard to the area that in this opinion is reasonable for the purpose.

(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.

Sindh: Same as for West Pakistan

Balochistan: Same as for West Pakistan.

Karachi (Development): Proceedings under Article 45 and clause (1) of Article 49 of ‘the Karachi Development Authority Order, 1957, shall be substituted for and have the same effect as proceedings under Section 5-A of this Act.

Punjab (Thal Development) ‘ Proceedings under Section 23 and sub-section (1) of Section 24 of the Thal Development Act shall) be substituted for and have the same effect as proceedings under Section 5-A of this Act.

Soil Reclamation: Proceedings under Section 19 and sub-section (1) of Section 20 of the Punjab Soil Reclamation Act, 1952, shall substitute for and have the same effect as proceedings under Section 5-A of the said Act.

Quetta Development: Proceedings under Section 47 of sub-section (1) of Section 51 of the Quetta Development Authority Ordinance, 1977, shall be substituted for and have the same effect as proceeding under Section 5-A of the Land Acquisition Act.

Court Decisions

Any interested person :- Petitioners do not appear anywhere in record. Whether they are interested and aggrieved persons and whether petitions are maintainable. Petitioners claim either as partners or as next of kins of deceased partners in firm." Under Land Acquisition Act, any "Interested Person", as that term is defined in section 3, can act in relation to acquisition proceedings and definition includes a person claiming interest in compensation to be made on account of acquisition of land under such Act etc. Petitioners qualify as interested persons within meaning of definition clause. Besides, concept of aggrieved party in Art. 199 of Constitution signifies very broad category. On either score petitioners qualify and petitions are maintainable.  P.L.J.1996 Kar. 946 = PLD 1997 Kar. 13.

Procedure :- Object of Section 5-A is to afford an opportunism to owner of land to put forward his objections. Government has to take final decision in light of such objections. Inquiry conceived by Section 5-A, is summary is nature and no Formal procedure is prescribed. Principle of natural Justice is obviously applicable to inquiry and decision of Government all objections filed by petitioner and co-owners of land, were beyond period of 30 days of notification and were not entertainable in eye of law. Declaration under Section 6 was made in a proper manner. Formalities described in Sections 4, 5-A and 6 having been complied with by Collector, objections merits no consideration.   P.L.J.1994 AJK 63 = 1994 MLD 920.

Declaration of intended acquisition

6.         Declaration that land is required for a public purpose.— (1) Subject, to the provisions of Part VII of this Act, [23][23][when the [24][24][Executive District Officer (Revenue)] is satisfied, after considering the report, if any, made under section 5-A, sub-section (2)], that any particular land is needed for a public purpose, or for a Company, a declaration shall be made to that effect under the signature of [25][25][Executive District Officer (Revenue)] or of some officer duly authorised to certify [26][26][such] order:

            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.

            (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 approximate area, and, where a plan shall have been made of the land, the place where such plan may be inspected.

            (3)        The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after making such declaration, the [27][27][Executive District Officer (Revenue)] may acquire the land in manner hereinafter appearing.

      [28][28][(4)      When the area in respect of which the said declaration is made is less than the area previously notified under sub-section (1) of section 4, such previous notification, so far as it relates to the excess area, shall be deemed to have been superseded by the said declaration].

AMENDMENTS

West Pakistan: In clauses (1) and (3) of Section. 6 for ‘such Government’ substitute ‘the “Executive District Officer (Revenue)”

After sub-section (3), the following new sub-section shall be added, namely:

‘(4)       When the area in respect of which the said declaration is made is less than the area previously notified under sub-section (1) of Section 4, such previous notification, so far as it relates to the excess area, shall be deemed to have been superseded by the said declaration.

Sindh: Same as for West Pakistan.

Balochistan: Same as for West Pakistan.

Karachi (Development): Subject to the provisions of paragraphs 6 and 7 of this Schedule, the issue of a notice under sub-clause (c) of clause (3) of Article 36 of the Karachi Development Authority Order, 1957, in the case of the land proposed to be acquired in pursuance of that clause, and in any other case the publication of a notification under Article 50 of that Order shall be substituted for and have the same effect as a declaration under Section 6 of/the said Act except where a declaration under the last-mentioned section has been previously made and is in force.

Town Improvement: (1) The first publication of a notice of any improvement scheme under Section 36 of this Act shall be substituted for and have the same effect as publication in the official Gazette and in the locality of a notification under sub-section (1) of Section 4 of the said Act, except where a declaration under Section 4 or Section 6 of the said Act has previously been made and is still in force.

(2)        Subject to the provisions of clauses (10) and (11) of the Schedule, the issue of a notice under sub-section (1) of Section 32 in the case of land acquired under that sub-section and in any other case the publication of a notification under Section 42 shall be substituted for and have the same effects a declaration by the Provincial Government under Section 6 of the said Act, unless a declaration under the last-mentioned section had previously been made, and is still in force.

West Pakistan (Soil Reclamation): Subject to the provisions of paragraphs 10 and 11 of this Schedule, the publication of a notification under Section 22 of the Punjab Soil Reclamation Act, 1952, shall substitute for and have the same effect as a declaration by the Provincial Government under Section 6 of the said Act, unless a declaration under the last-mentioned Section has previously been made and is still in force.

Punjab (Thal Development): The first publication of a notice of an development scheme under S. 22 of the Thal Development Act, 1949, shall be substituted for and have the same effect as publication in the Gazette and in the locality, of notification under sub-section (1) of Section 4 of the said Act, except where a notification under Section 4 or a declaration under Section 6 of the said Act has previously bee made and is still in force.

Quetta (Development): Subject to the provisions of paragraphs 6 and 7 of this Schedule, the issue of a notice under clause (e) of sub-section (3) of Section 38 of the Quetta Development Authority Ordinance, 1877, in the case of land proposed to be acquired in pursuance of that subsection, and in any other case the publication of a notification under Section 52 of that Ordinance shall be substituted for and have the same effect as a declaration under Section 6 of the, said Act except where a declaration under the last-mentioned section has been previously made and in force.

Court Decisions

Joint Notification. There is nothing in Act against issuance of (Joint) Notification under section 6 and 17. Nor any prejudice to petitioner is shown to have thereby occasioned.  P.L.J.1997 SC 442 = 1997 SCMR 296 = NLR 1997 Rev. 78 = PLC 1997 (C.S.) 516.

Relevant date for assessment. Relevant date for purpose of assessment of compensation was that of notification under S. 4, Land Acquisition Act, 1894 and not declaration under S. 6 of the Act. Referee Judge erred in taking market value on date of declaration under S. 6 of the Act. Such finding of Referee Judge was contrary to statutory provision. Slump in prices subsequent to one year average at the date of notification under S. 4, Land Acquisition Act» 1894, would be relevant factor in determining its potentiality but not for purpose of laying foundation in determination market value of land. No good reason had been advanced by Referee Judge for discarding market value of land on date of notification under S. 4, Land Acquisition Act, 1894. One year average, preceding date of notification under S. 4 of the Act should be taken to be market price of land for determining compensation.  P.L.J.1998 Pesh. 81.

Direction by High Court :- Grievance has been raised by petitioner that compensation for acquisition of land has not yet been made despite fact that land has already been utilized for construction of Spur Bund No. 3, Multan on River Chenab. In exercise of powers conferred under clause 'C’ of Article 199(1) High Court can issue appropriate direction to any person or authority, including any government for enforcement of any fundamental rights. Resultantly, it is directed that Secretary Irrigation, Government of Punjab shall take immediate steps to arrange requisite funds which shall in any case be deposited with Land Acquisition Collector. In case funds are not released, petitioner will be at liberty to move court afresh for attaching salaries of officers of Irrigation Department.  P.L.J.1997 Lah. 570 = 1997 MLD 1792 = NLR 1997 Rev. 108.

7.         After declaration Collector to take order for acquisition.— Whenever any land shall have been so declared to be needed for a public purpose or for a Company, the [29][29][Executive District Officer (Revenue)], or some officer authorised by the [30][30][Executive District Officer (Revenue)] in this behalf, shall direct the Collector to take order for the acquisition of the land.

AMENDMENTS

West Pakistan: For ‘Provincial Government’ substituted ‘“Executive District Officer (Revenue)”‘.

Sindh: Same as for West Pakistan.

Balochistan: same as for West Pakistan

8.         Land to be marked out, measured and planned.— The Collector shall thereupon cause the land (unless it has been already marked out under section 4) to be marked out. He shall also cause it to be measured, and if no plan has been made thereof, a plan to be made of the same.

9.         Notice to persons interested.— (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.

            (2)        Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.

            (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 act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.

            (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, address or place of business and registered under Part III of the [31][31]Indian Post Office Act, 1866.

      [32][32][(5)      The Collector shall also serve notice of the enquiry to be held under section 11 (such notice not being less than fifteen days prior to the date fixed under sub-section (2) for determination of claims and objections) on the Department of Government, local authority or Company, as the case may be, for which land is being acquired, and require it to depute a duly authorised representative to attend the enquiry on its behalf for the purpose of making objections (if any) to the measurement of the land, claims to any interest in the land or the amount of any compensation. Such authorised representative shall be a party to the proceedings].

AMENDMENTS

West Pakistan: In Section 9 after sub-section (4), the following new sub-section shall be added, namely: -

‘(5)       The Collector shall also serve notice of the enquiry to be held under Section 11 (such notice not being less than fifteen days prior to be date fixed under sub-section (2) for determination of claims and objections) on the Department of Government, local authority or Company, as the case may be, for which land is being acquired, and require it to epute a duly authorised representative to attend the enquiry on its behalf for the purpose of making objections (if any) to the measurement of the land, claims to any interest in the land or the amount of any compensation. Such authorised representative shall be party to the proceedings’

Punjab (Thal Development): In sub-section (2) of Section 9 of the Act after the first sentence ending with the word and figure ‘Section 8’, the following sentence shall be deemed to have been inserted –

The notice shall furthermore contain a direction to the effect that any person interested may, if he so chooses, while preferring his claim to compensation for his interest in the land, intimate to the Collector in writing his option that compensation be paid to him:

(a)        on the basis of the average price derived from the sale transactions in respect of which mutations have been attested during the five years immediately preceding the 30th June, 1939, and which relate to the same class of land the same revenue estate in which the land to be acquired is situated ; or

(b)        if no mutations of sale transactions of land in that revenue estates were attested during the five years preceding the 30th June, 1939, then on the basis of the average price derived from the sale transactions relating to the same class of land about which mutations have been attested during the said period, in all the contiguous revenue estates in the same assessment circle.

10.       Power to require and enforce the making of statements as to names and interests.— (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.

            (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.[33][33]

Court Decisions

Fresh application of enhancement of price filed. Respondents filed second objection petition before Collector on 14.11.1972 but it was Collector who forwarded same to Referee Court after considerable delay on .14.9.1978. Collector had forwarded their earlier objection petition in time why he kept second objection petition with him for almost 6 years. If is true that no time limit has been fixed by law for Collector for sending a like objection petition but it was for respondents to have proved that they had in fact moved the Collector with a written application u/S. 18 on 14.11.1972 and it was Collector who sent it to Referee Court on 14.9.1978 for no fault on their part. Respondents are also required to prove that what necessitated them to file another objection petition when they had already in previous objection certificate received enhanced compensation amount. It is not understandable that why Collector kept on waiting another objection petition by sitting over it for almost 6 years and waiting for decision of earlier petition of by Referee Court. Respondents had played fraud on court with collusion of Collector and got processed second petition before Referee Court for receipt of double payment of compensation amount by practicing fraud and misrepresentation on court with collusion of officials of Acquiring Department.  P.L.J.1996 Pesh. 210.

Enquiry into measurements, value and claims

and award by the Collector.

11.       Enquiry and award by Collector.— On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested [34][34][and a Department of Government, a local authority, or a Company, as the case may be], has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land [35][35][at the date of the publication of the notification under section 4, sub-section (1)], and into the respective interests of the persons claiming the compensation and shall make an award under his hand of—

         (i)   the true area of the land;

        (ii)   the compensation which in his opinion should be allowed for the land; and

       (iii)   the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him.

AMENDMENTS
           West Pakistan
: Between the words ‘any person interested’ and the ‘words ‘has stated’, the words and commas ‘and a Department of Government, a local authority, or a Company, as the case may be’, shall be inserted.

Karachi (Development): The word ‘and’ shall be omitted in clause (ii) and added at the end of clause (iii) and, after clause (iii) the following clause shall be inserted: -

(iv)       the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation and who is not entitled to receive the additional sum of fifteen per cent, mentioned in sub-section (2) of Section 23 as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector :

Provided that the Collector may disallow wholly or in part the cross incurred by any person if he considers that the claim made by such person is extravagant’.

Punjab (Thal Development): The full-stop at the end of the section shall be deemed to be changed to a semi-colon, and the following shall be deemed to be added, namely: -

 (iv)      the costs which in his opinion, should be allowed to any person who is found to be entitled to compensation, as having been actually and reasonably incurred by such person in preparing, his claim and putting his case before the Collector.

The Collector may disallow, wholly or in part cost incurrent by any person, if he considers that the claim made by such person for compensation is extravagant

Town Improvement: The full-stop at the end of the section shall be deemed to be changed to a semi-colon, and the following shall be deemed to be added, namely: -

‘and

(vi)       the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section (2) of Section 23, as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector.

The Collector may disallow wholly or in part, costs incurred by any person if he considers that the claim made by such person for compensation is extravagant’.

Soil Reclamation: In Section 11 the conjunction ‘and’ between clauses (ii) and (iii) shall be deleted, the full-stop at the end of clause (iii) shall be replaced by a semi-colon followed by the conjunction ‘and’ and the following clause shall be deemed to have been added thereafter, namely ‘(iv) the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector’.

Quetta Development: The word ‘and’ shall be omitted in clause (ii) and added at the end of clause (iii) and, after clause (iii) the following clause shall be inserted: -

‘(iv)      the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation and who is not entitled to receive the additional sum of fifteen per cent, mentioned in sub-section (2) of Section 25 as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector :

Provided that the Collector may disallow wholly or in part the costs incurred by any person if he considers that the claim made by such person is extravagant.

Court Decisions

Scope. Respondent being not satisfied with award filed reference to District Judge. Amount of compensation-was increased. Appellant filed appeal against order passed in reference whereas respondent filed cross-. objections. Appeal was dismissed by High Court and cross-objections filed by respondent were allowed. Review against. Jurisdiction of Court in review was restricted and limited. Court could not go beyond scope of S. 114 and O.XLVII, R. 1, C.P.C.  P.L.J.1999 Kar. 370 = PLD 1999.Kar.achi 107.

12.       Award of Collector when to be final.— (1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionment of the compensation among the persons interested.

            (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.

[36][36][12-A.        Correction of mistake.— Any clerical or arithmetical mistake in the award arising therein from any accidental slip or omission may, at any time, be corrected by the Collector either of his own motion or on the application of any of the parties].

13.       Adjournment of enquiry.— The collector may, for any cause he thinks fit, from time to time, adjourn the enquiry to a day to be fixed by him.

14.       Power to summon and enforce attendance of witnesses and production of documents.— 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 may be) in the same manner, as is provided in the case of a Civil Court under the [37][37]Code of Civil Procedure.

15.       Matters to be considered and neglected.— In determining the amount of compensation the Collector shall be guided by the provisions contained in sections 23 and 24.

AMENDMENTS

Karachi (Development); For the word and figures ‘and 24’, the figures, would and letter ‘24 and 24-A’, shall be deemed to be substituted

Soil Reclamation: For the word and figures ‘and 24’ the figures, would, and letter ‘24’ and ‘24-A’, preceded by a comma shall be deemed to be substituted;

Quetta Development: Same as for Karachi

Development.’

(Town Improvement) : Same as for West Pakistan (Soil Reclamation).

Punjab (Thal Development): Same as for West Pakistan (Soil Reclamation).

Taking possession

16.       Power to take possession.— When the Collector has made an award under section 11, he may, [38][38][subject to the provision of section 31], take possession of the land, which shall thereupon [39][39][vest absolutely in the [40][40][Government]] free from all encumbrances.

AMENDMENTS

West Pakistan: Between the word ‘may’ and the word ‘take’, the common words and figures, ‘subject to the provision of Section 31’, shall be inserted .

[41][41][17.            Special power in cases of urgency.— (1) In cases of urgency, whenever the [42][42][Executive District Officer (Revenue)] 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. Such land shall thereupon vest absolutely in the Government, free from all encumbrances:

            Provided that the [43][43][Executive District Officer (Revenue)] shall not issue any direction to the Collector under this sub-section unless the Department of Government, the local authority, or Company, as the case may be, for which the land is being acquired, has first deposited the estimated cost of acquisition of such land as determined by the Collector of the district, keeping in view the provisions of sections 23 and 24.

            (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 providing convenient connection with or access to any such station, or whenever owing to a similar emergency it becomes necessary for the [44][44][Executive District Officer (Revenue)] 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 [45][45][Executive District Officer (Revenue)], enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances:

            Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.

            (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.

            (4)        In cases where in the opinion of the [46][46][Executive District Officer (Revenue)], the provisions of sub-section (1) or sub-section (2) are applicable, the [47][47][Executive District Officer (Revenue)] 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 (1) of section 4].

AMENDMENTS

West Pakistan: For Section 17 of the following shall be substituted, namely : 

17.       Special power in cases of urgency: (1) In cases o urgency, whenever the “Executive District Officer (Revenue)” 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. Such land shall, thereupon vest absolutely in the Government, free from all encumbrances;

Provided that the “Executive District Officer (Revenue)” shall not issue any direction to the Collector under this subsection unless the Department of Government, the local authority, or Company, as the case may be, for which the land is being acquired, has first deposited the estimated cost of acquisition of such land as determined by the Collector of the district, keeping in view the provisions of Sections 23 and 24.

(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 providing convenient connection with or access to any such station, or whenever owing to a similar emergency it becomes necessary for the “Executive District Officer (Revenue)” 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 “Executive District Officer (Revenue)”, enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances :

Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.

(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 a 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.

(4)        In cases where in the opinion of the “Executive District Officer (Revenue)”, the provisions of sub-section (1) or sub-section (2) re applicable, the “Executive District Officer (Revenue)” 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 (1) of Section 4

Balochistan: Same as for West Pakistan

Sindh: Same for West Pakistan

Soil Reclamation: For Section 17 of the said Act, the following shall be deemed to have been substituted: -.

‘17.      (1) In cases where the Board considers it expedient to take possession of any land at any time before an award under Section 11 has been made; it shall notify this fact in writing to the Collector intimating in addition the date by which the land is required by it. The Collector shall after causing a notice to this effect to be served on the person or persons interested in the land take possession of the land and transfer it to the Board in whom it shall vest absolutely free from all encumbrances subject its liability to pay any amount which may he incurred on account of acquisition.

(2)        The Collector shall at the time of taking possession of land offer to the person interested compensation for the standing crops and trees (if any) en such land and for any other damage sustained by them on account of dispossession and not excepted in S. 24 or 24-A; and, in case such offer is not accepted, the value of such crops or trees and the amount of such other damages shall be allowed for while awarding compensation for the land under the provisions herein contained.

Karachi (Development): After sub-section (4) of Section 17, the following sub-sections shall be deemed to be inserted, namely:

‘(5)       The provisions of sub-sections (1) and (3) shall apply in the case of any area which is stated in a certificate granted by a Magistrate of the First Class to be unhealthy.

(6)        Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as my be on the person referred to in sub-section (3) of Section 9 and shall hear without any avoidable delay any objections which may be urged by him.

(7)        When proceedings have been taken under this section for the acquisition of any land and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession’

Town Improvement: In sub-section (3) of Section 17 of the said Act, after the figures ‘24’ the words, figures and letter ‘or Section 24-A’ shall be deemed to be inserted

(2) To Section 17 the following shall be deemed to be added, namely:

‘(4)       Sub-sections (1) and (3) shall apply also to any area certified to be unhealthy by any Magistrate of the First Class.

(5)        Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub-section (3) of Section 9, and shall hear without any avoidable delay any objections which may be urged by them.

(6)        When proceedings have been taken under this section for the acquisition of any land, any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession’

Punjab (Thal Development): For Section 17 of the Act the following shall be deemed to be substituted: -

‘17.      (1) In cases where the Authority considers it expedient to take possession of the land at any time before an award under Section 11 of the Land Acquisition Act has been made it shall notify this fact in writing to the Collector intimating in addition the date by which the land is required by it.’ The Collector shall after causing a notice to this effect to be served on the person interested to take possession of the land and transfer it to the Authority in whom it shall vest absolutely free from all encumbrances subject to its liability to pay any amount which may be incurred on account of acquisition.

(2)        The Collector shall at the time of taking possession of land offer to the persons interested compensation for the standing crops and trees (if any) on such land and for any other damages sustained by them on account of dispossession and not excepted in Section 24 or 24-A;

and, in case such offer is not accepted, the value of such crop or trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.

Quetta Development: (1) In sub-section (3) of Section 17 of the Act after the word and figures’ Section 24’ the words, figures and letter ‘or Section 24-A’ shall be deemed to be inserted.

(2)        After sub-section (4) of Section 17 of the Act, the following sub-section shall be deemed to be inserted, namely: -

(5)        The provisions of sub-sections (1) and (3) shall apply in the case of any area which is stated in a certificate granted by a Magistrate of the First Class to be unhealthy.

(6)        Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the person referred to in sub-section (5) of Section 9 and shall hear without any avoidable delay any objections which may be urged by him.

(7)        When proceedings have been taken under this section for the acquisition of any land and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.

Court Decisions

Jurisdiction of Courts to determine Factum of urgency :- Provincial Government or Commissioner was although Judge of facts, as to whether land was required for public purpose and also that there was urgency within meaning of S. 17, Land Acquisition Act 1897, yet Courts would always be duty bound to see that during course of such procedures authorities concerned had applied their mind or not. Facts of case indicated, that right from the start process of acquisition was invoked and carried on maliciously in as much as Commissioner did not even wait for initial process to be completed and issued proclamation in terms of S. 17 of the Act. Factual position was that land was acquired by private Housing Society for profitoring and admittedly out of acquired land each member of society approximately appropriated 15 plots each. Entire process, thus, suffered from malice in fact as also malice in law. Commissioner was bound to hold enquiry where company had asserted urgency for invoking provisions of S. 17, Land Acquisition Act 1894 but no such enquiry was conducted. Impugned proceedings, thus, exhibited lack of transparency in process of decision making, therefore, power of Judicial review, under Art. 199 of the Constitution would extend to see whether or not such had been arrived at by public functionaries concerned in a manner which did not contravene fundamental rights or constitutional guarantees. Impugned notifications in terms of S. 17, Land Acquisition Act 1877 were, thus, declared to be without lawful authority and as such void.  P.L.J.2000 Lah. 16.

AMENDMENTS

Quetta Development: Same as for Karachi Development.

 Town Improvement:

 17-A. In every case referred to in Section 16 or Section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Trust ; and the land shall thereupon vest in the Trust subject to the liability of the Trust to pay and further costs which may be incurred on account of its acquisition’

 

Punjab (Thal Development):

‘17-A.  In every case referred to in Section 16 the Collector shall, upon payment or tender or compensation for acquisition, make over charge of the land to the Authority and the land shall thereupon vest in the Authority, subject to the liability of the Authority to pay any further compensation or costs which may be incurred on account of its acquisition’

 

17-B. Notwithstanding anything to the contrary contained in this Act, if the Authority has given an undertaking as contemplated by sub-section (4) of Section 36 of the Thal Development Act, 1949, in respect of any land, the compensation payable in respect of such land shall be equivalent to the ‘Net income’ from the period that the land remains in the possession of the Authority’.

PART III

REFERENCE TO COURT AND PROCEDURE THEREON

18.       Reference to Court.— (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the apportionment of the compensation among the persons interested.

            (2)        The application shall state the grounds on which objection to the award is taken:

            Provided that every such application shall be made,—

      (a)  if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;

      (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.

      [48][48][(3)      Notwithstanding anything to the contrary contained in section 21, the Provincial Government may, if it has not accepted the award, refer the matter to the Court within a period of six months from the date of announcement of the award ; provided that the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry into and determination of the objection against the award].

AMENDMENTS
           West Pakistan
: After sub-section (2), the following new sub-section shall be added, namely: -

(3)        ‘Notwithstanding anything to the contrary contained in Section 21, the Provincial Government may, if it has not accepted the award, refer the matter to the Court within a period of six months from the date of announcement of the award; provided that the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry into and determination of the objection against the award’.

Note- This amendment extends to the whole of the Province of West Pakistan, except the Districts of Compbellpur, Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum, Jhang, Lahore, Faisalabad, Mianwali, Muzaffarabad, Rawalpindi, Sahiwal, Sargodha, Sheikhupura and Sialkot and the Tribal Areas.
West Pakistan (Soil Reclamation): The following shall be deemed to have been substituted for sub-section (1) of Section 18 namely: -

‘Any person interested who has not accepted the award of the Board may be written application to the Collector, require that the matter be referred by the Collector, for determination of the court, whether his or its objection be to the measurement of the land, the amount of compensation, the persons to whom it is payable or the appointment of the compensation among the persons interested, amount or costs allowed’.

N.W.F.P.: In sub-section (3) shall be omitted.

The following sub-section (4) shall be added, namely:

‘(4)       Notwithstanding anything to the contrary contained in Section 21, the Provincial Government may, if it has not accepted the award, refer the matter to the Court within a period of six months from the date of announcement of the award:

Provided that the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry and determination of the objection against the award’

Punjab (Thal Development): The words ‘or the Authority’ shall be deemed to be added between words ‘award’ and ‘may’ under Section 18 (1).

(2)  The full-stop at the end of sub-section (1) of Section 18 of the said Act shall be deemed to be changed to a comma,, and the words ‘or the amount of costs allowed’ shall be deemed to be added.

Town Improvement: The full-stop at the end of sub-section (1) of Section 18 shall be deemed to be changed to a comma, and the words ‘or the amount of the costs allowed’ shall be deemed to be added.

N.W.F.P. Section 18-A omitted by, N.W.F.P. Ordinance, 16 of 1978 S. 3 w.e.f. 31.8.1978.

Court Decisions

Acquisition of Land for benefit of appellant. Whether appellant could be termed as "interested person" within meaning of S. 3 Interested person is person by reason of his interest in land acquisition as owners, tenants, and alike, and not person interested as acquiring land, therefore, person who wants that land may be acquired, and on whose initiative, land was acquired, could not be considered as "interested person" within meaning of 'interested person*, as, provided in Section 18 of Land Acquisition Act.  P.L.J.1999 AJ & K 69.

            Benefits of other claimants :--whether by mentioning names of all 1070 affectees of acquired land in a separate list submitted along with objection petition filed under Section 18, Land Acquisition Act, by only some of claimants, reference to Court by Collector shall be deemed to have been made on behalf of all affectees of land so as to entitle all of them to benefit arising from order of Court passed as reference. Whether procedure prescribed under O.I. R. 8, C.P.C. was applicable to proceedings arising under Land Acquisition Act, if so, whether applicants who were not specifically made party to proceedings could take advantage of orders passed from time to time by Courts in respect of acquired land.  P.L.J.1999 SC 747 = 1998 SCMR 2197 = NLR 1998 Rev. 143.

Claim for enhancement of compensation. Collector besides considering location and potentional value of land, has also calculated average price of lands pertaining to previous three years in area, where lands of appellants are situated in terms of Section 23(1) (2) of Land Acquisition Act, 1894 and then concluded that appellants are entitled for compensation at rate of Rs. 75/- P.S.F. in addition to 15% compulsory charges, as admissible under subsection (2) of Section 23 of Land Acquisition Act. Unfortunately except producing two reports and one agreement no other documentary or convincing oral evidence was produced by appellants to make out case for adequate increase in compensation amount. No exception can be taken against findings recorded by District Judge in impugned order. Appeal dismissed.    P.L.J.1998 Qta. 171 =  1998 CLC 1865 = NLR 1998 Rev. 95.

            Enhancement of rate. Collector land Acquisition, arbitrary and capriciously has allowed compensation at Rs. 48134/- to appellant for lentered shops. Learned Additional District Judge has increased compensation of shops from Rs. 48134/- to Rs. 96268/-.. In High Court's view, both Additional District Judge as well as Collector Land Acquisition have not given clear reasons for their decisions. Commission, had referred matter for determination of costs of damages shops to concerned official of P.W.D, department. Who after spot inspection assessed value of damages shops at Rs. 202493/. No .evidence was led by department either before Commission, or before Additional District Judge, Even Advocate who had acted as Commission was not, cross-examined on material points during his statement. In light of these facts, appellant is entitled to receive Rs. 202493/- as compensation for his shops.   P.L.J.1998 AJK 135 = 1998 CLC 1779.

            Mode of filing appeal. Land Acquisition Act, 1894 being complete code as regards acquisition of land making of reference under Section 18 thereof in case there was dispute about adequacy of compensation to be awarded for acquired land to owners thereof and decision/Judgement passed by courts on such reference. Section 54, Land Acquisition Act, 1894 is also a complete code as regards remedies of aggrieved person against such Judgments passed by Courts; it also provides that appeal would be to S.C. against Judgment of High Court passed in those proceedings with reference to S. 110 C.P.C.. Where no appeal was filed as provided in S, 54, Land Acquisition Act, 1894, legal consequence to follow would be that Judgment and decree would become final as regards, that Act and would be enforced and given effect. Perusal of S. 54, Land Acquisition Act, would however, indicate that Section 110 CPC would not override or control substantive provision of Section 54 Land Acquisition Act, 1894 as regards remedy of appeal itself but only provides that procedure to be followed for filing appeal would be same as provided in Section 110 CPC which laid down certain matters as regards value of subject-matter etc Section 110 C.P.C. has been legislated by way of reference in Section 54, Land Acquisition Act, 1894, therefore same would be deemed to have been incorporated in Section 54 of the Act as it was part of C.P.C, on date of its incorporation and would continue to be part of Section 54 thereof, till the section itself was amended and reference to S. 110 C.P.C. was omitted. Mere omission of Section 110 from C.P.C. would not automatically operate as its omission from Section 54, Land Acquisition Act, 1894.  P.L.J.1999 SC 1068 = 1999 SCMR 319 = NLR 1999 Rev. 90.

            Payment of interest :- Assessment of price of said land and payment made to Respondents Nos. 1 to 4, but interest to said amount was not paid, Account was frozen, thereafter. Application by petitioner for modification of order freezing account. Dismissal of. Revision against. Amount due of Respondents Nos, 1 to 4 was ordered to remain attached, but remaining amount in the Head was released. Petitioner was well within his right to file an application for release of his amount before Respondent No. 6 who is of course duty bound to decide same strictly in accordance with law.   P.L.J.2000 Lah. 647.

Provisions of Code of Civil Procedure to apply :- An application requiring reference of a disputed award in terms of Section 18, Land Acquisition Act, has to be made in writing "to the Collector". Pursuant to Section 53 of said Act, unless otherwise provided in the Act, "provisions of Code of Civil Procedure shall apply to all proceedings before Court under this Act". There can be no dispute as to applicability of Code in proceedings "before the Court", the only question is whether procedure in Code would be invocable also in relation to applications under Section 18 made "to the Collector". Crucial word in Section 53 of Land Acquisition Act is "before" and that, inter alia, signifies "in front of some one" or "for attention of someone". It matters little as to whom application under Section 18 of Act is to be addressed. That is to be referred to and placed "before the Court" and for such reason alone provisions of Code of Civil Procedure are, mutatis mutandis to apply to application. On this plane of reasoning, not only application to Collector, by necessary implication can be made for and on behalf of all affectees, but provisions of Order I, Rule 8, C.P.C. can expressly be invoked. Benefit of a revision in compensation at appellate stage, on a parity of reasoning emerging from Order XLI, Rule 33, C.P.C. can be extended to non-appealing landowners as well. On this score alone a common enhancement of compensation by Court, in contemplation of Land Acquisition Act, should have ensured to benefit of all affectees.  P.L.J.1999 SC 747 = 1998 SCMR 2197 = NLR 1998 Rev. 143.

Reference to Court :- Trial Court enhanced the compensation as per market value, 15 % compulsory acquisition charges, additional compensation at the rate of 15 % per annum and simple interest at the rate of 6% per annum on the excess amount were also awarded under S.28, Land Acquisition Act, 1894, by Trial Court to the respondent---Order of Trial Court being according to the facts and law, was maintained. 2000 Y L R 1123 PLD 1996 SC 77; PLD 1982 Kar. 147; PLD 1986 Kar. 164; PLD 1969 Azad J&K 46; PLD 1976 Pesh. 50; PLD 1963 Azad J&K 10; PLD 1954 Lah. 265; 1991 MLD 90; 1996 CLC 1193; 1997 SCMR 1692; 1996 SCMR 1820; 1992 CLC 1775; 1991 MLD 90; PLD 1992 SC 472; 1999 MLD 2922; 1993 CLC 179 and PLD 1968 Lah. 148 ref.

Authority dissatisfied with award of Court, file regular first appeal before High Court which was accepted and award of Court below was modified. Appellants who had not appealed to S.C. against Judgment of High Court, filed application for execution of Judgment and decree of Court which was set aside by High Court, but was restored by Supreme Court. After setting aside Judgment and decree passed .by High Court, only executable decree in field was one passed by Court below on reference under S. 18 of Land Acquisition Act, 1894 and appellants like other landowners were entitled to compensation awarded by said Court. Unjust to deprive appellants from receiving benefit of Judgment and decree of Court below which was in field, merely for reason that they had no appealed against order of High Court .when same order challenged by other land owners similarly placed had been set aside by Supreme. Court.  P.L.J. 2000 SC 988.

Prior to 1958, right of reference was available to Government, Local Authority or company for whose benefit land was acquired, and subsequently, through amendment in 1958, this right was withdrawn from Local Authority or Company. When Legislature introduced this amendment in 1958, then through this amendment, they had withdrawn right pertaining the filing of reference from Local Authority or Company for whose benefit land is acquired. Land Acquisition Act was adapted in Azad Jammu & Kashmir in 1959 vide Act I of 12.1.1959, therefore, when Land Acquisition Act was adapted in Azad Jammu & Kashmir, at that time, only right pertaining to filing of reference was available to interested person who has not accepted award and Govt. and not to company or Local Authority for whose benefit land is to be acquired. Unless and until amendment is introduced in S. 3.8, company or Local Authority could not file any reference merely on basis of deletion of S. 50(2) proviso of Land Acquisition Act. Appeal dismissed.   P.L.J.1999 AJ & K 69.

Notice purported by issued on 25th of June, 1992, contain date of issue under signatures of Deputy Commissioner as 28th June, 1992. Same did not disclose purpose for which land was being acquired. Under Section 11 of Capital Development Authority Ordinance, 1960, all plans and programs are necessarily to be approved by Central Government. Section 12 provides that C.D.A. may ask Local Body to prepare scheme in respect of matters to be dealt with by Local Bodies in specified area. Section 13 authorize C.D.A. to prepare any such scheme itself in specified Area, as mentioned in Section 12 of Ordinance. Section 14 of ordinance talks about all such information regarding manner of execution of scheme, cost, benefits and purpose to be served by! scheme. Section 15 authorized Authority to exercise powers given therein for carrying out purpose of Ordinance. Sections 20 and 21 provide manner of removal of buildings in specified area and schemes to be executed after hearing concerned persons and calling objections from them. Section 22 empowers C.D.A. to acquire land within specified area in accordance with provisions of Ordinance." Sections 23 and 24 relate to entry upon land for preliminary survey etc. and compensation for damages under Section 25 of Ordinance, land is acquired, whereas under Section 26, land is marked out, measured and planned. Section 27 provides that before taking step for acquisition, Deputy Commissioner, C.D.A. shall issue public notice in manner as provided therein and Section 33 applies in cases of urgency. Factual position narrated herein before by parties shows that respondents without observing above provisions of law in letter and spirit proceeded for action and mandatory requirement of notice etc. was fulfilled subsequent to action at spot. Illegality committed by respondents would render their action under Ordinance as without lawful authority.  P.L.J.1999 Lah. 1108.

            Reference where time barred. Whether District Judge could decide question of limitation which was not referred by collector. Jurisdiction exercised by Court under the Act is not synonymous with Jurisdiction of a court of appeal. Designated court while exercising its Jurisdiction under Act, cannot go beyond reference ma4e to it. Reference court could not go behind reference, it can only go into question which was specifically referred to it by Collector. Reference court had no Jurisdiction to determine the question of limitation such function was within domain of Collector who had sent reference.  P.L.J.1998 SC (AJK) 132 -PLD 1998 SC (AJ&K) 26.

Weather Govt. May file Cross Objections :- Respondent objector for whose benefit land was acquired and who. have to pay compensation from Government's fund, have been brought at par with those, whose lands are acquired, to make a reference u/S. 18 of Act, 1894 and to file an appeal with a view to give them a chance to adduce evidence for purposes of determining amount of compensation. It is against all cannons of principles and equity that provincial Govt. may have a right to file cross objection but Federal Govt. and its departments are not given such right.  P.L.J.1999 Pesh 146 = PLD 1999 Pesh. 53.

19.       Collector's statement to the Court.— (1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand,—

      (a)  the situation and extent of the land, with particulars of any trees, building or standing crops thereon;

      (b)  the names of the persons whom he has reason to think interested in such land;

      (c)  the amount awarded for damages and paid or tendered under sections 5 and 17, or either of them and the amount of compensation awarded under section 11; and

      (d) if the objection be to the amount of the compensation, ground on which the amount of compensation was determined.

            (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.

AMENDMENTS

West Pakistan: In clause (c) of sub-section (1) of Section 19 of the said Act, for the words and figures ‘Sections 5 and 17’ the words, figures and brackets ‘sub-section (3) of Section 4 and Section 2’ shall be substituted and shall be deemed to have been so substituted on the seventh days of April, 1954
‘Town Improvement: After the words ‘amount of compensation’ in clause (c) of Section 19 of the words ‘and of costs (if any)’ shall be deemed to be inserted

Punjab (Thal Development):

Same as for Punjab (Town Improvement).

 

West Pakistan (Soil Reclamation): Same as for Punjab (Town Improvement)

Court Decisions

Respondents filed second objection petition before Collector on 14.11.1972 but it was Collector who forwarded same to Referee Court after considerable delay on 14.9.1978. Collector had forwarded their earlier objection petition in time why he kept second objection petition with him for almost 6 years. If is true that no time limit has been fixed by law for Collector for sending a like objection petition but it was for respondents to have proved that they had in fact moved the Collector with a written application u/S. 18 on 14.11.1972 and it was Collector who sent it to Referee Court on 14.9.1978 for no fault on their part. Respondents are also required to prove that what necessitated them to file another objection petition when they had already in previous objection certificate received enhanced compensation amount. It is not understandable that why Collector kept on waiting another objection petition by sitting over it for almost 6 years and waiting for decision of earlier petition of by Referee Court. Respondents had played fraud on court with collusion of Collector and got processed second petition before Referee Court for receipt of double payment of compensation amount by practicing fraud and misrepresentation on court with collusion of officials of Acquiring Department.  P.L.J.1996 Pesh. 210.

20.       Service of notice.— The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the court on that day, to be served on the following persons, namely:-

      (a)  the applicant;

      (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

      (c)  if the objection is in regard to the area of the land or to the amount of the compensation, the Collector, [49][49][and the Department of Government, local authority or Company, as the case may be, for which land is being acquired].

AMENDMENTS


              West Pakistan:
In clause (c), between the word ‘Collector’ and the full-stop at the end, the words and commas’ and the Department of Government, local authority or Company, as the case may be, for which land is being acquired’ shall be inserted.

West Pakistan (Soil Reclamation): After the words ‘amount of the compensation’ the words ‘or costs’ shall be deemed to have been inserted.

(2)       Between the word ‘Collector’ and the full-stop at the end of Section 20 the words ‘and the Board’ shall be deemed to have been added.

(3)       The existing Section 20 of the said Act shall be numbered as sub-section (1) of Section 20, and the following sub-section shall be deemed to have been added: -

‘(2)      The Board or any person to whom a notice is issued under clause (b) or (c) of subsection (1) may support the award and may also take any cross-objection which could have been taken by making an application for reference provide such objection is filed within one months from the date of service of notice under this section or within such further time as the Tribunal may see tit to allow.

(3)       The provisions of the Code of Civil Procedure, 1908, relating to cross-objections filed under that Code shall, so far as may apply to the cross-objections filed under this Section

Town Improvement:

After the words ‘amount of the compensation’ in clause (c) of Section 20 of the said Act, the words ‘or costs’ shall be deemed to be inserted

Punjab (Thal Development):

Same as for Punjab (Town (Improvement).

21.       Restriction on scope of proceedings.— The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.

22.       Proceedings in open Court.— Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the province shall be entitled to appear, plead and act (as the case may be) in such proceeding.

AMENDMENTS

West Pakistan: After Section 22 the following new section shall be added, namely: -

"22-A. Cross-objection: The Provincial Government or a local authority or a company for which land is being acquired, may lodge a cross-objection to the objection made by any person interested and the Court may reduce the amount awarded by the Collector if it considers it just and proper’.

[50][50][22-A.        Cross objection.— The Provincial Government, or a local authority or a Company for which land is being acquired, may lodge a cross objection to the objection made by any person interested and the Court may reduce the amount awarded by the Collector if it considers it just and proper].

23.       Matters to be considered in determining compensation.— (1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration—

      first, the market-value of the land at the date of the publication of the [51][51][notification under section 4, sub-section (1)].

      [52][52][Explanation— For the purpose of determining the market-value, the Court shall take into account transfer of land similarly situated and in similar use. The potential-value of the land to be acquired if put to a different use shall only be taken into consideration if it is proved that land similarly situated and previously in similar use has, before the date of the notification under sub-section (1) of section 4, been transferred with a view to being put to the use relied upon as affecting the potential value of the land to be acquired:

Provided that—

   (i)   if the market-value has been increased in consequence of the land being put to a use which is unlawful or contrary to public policy that use shall be disregarded and the market-value shall be deemed to be the market-value of the land if it were put to ordinary use; and

  (ii)   if the market-value of any building has been increased in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded and the market-value shall be deemed to be the market-value of the building if occupied by such number of persons only as can be accommodated in it without risk of danger to health from overcrowding].

      secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof;

      thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;

      fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

      fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and

      sixthly, the damage (if any) bona fide resulting from diminution 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.

      [53][53][(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 purpose and a sum of twenty-five per centum on such market-value if the acquisition has been made for a Company].

AMENDMENTS

West Pakistan: (a) in sub-section (1) under clause first, the following explanation shall be added, namely:

Explanation: For the purposes of determining the market-value, the Court shall take into account transfers of land similarly situated and in similar use. The potential value of the land to be acquired if put to a different use shall only be taken into consideration if it is proved that land similarly situated and previously in similar use has, before the date of the notification under subsection (1) of Section 4, been transferred with a view to being put to the use relied upon as effecting the potential value of the land to be acquired:

Provided that-

(i)        If the market-value has been increased in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market-value shall be deemed to be the market-value of the land if it were put to ordinary use ; and

(ii)       If the market-value of any building has been increased in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded and the market-value shall be deemed to be the market-value of the building if occupied by such number of persons only as can be accommodated in it without risk of danger to health from overcrowding’, and

(b)        For sub-section (2), the following sub-section shall be substituted, namely: -

‘(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 or a public purpose and a sum of twenty-five per centum on such market-value if the acquisition has been made for a Company’

West Pakistan (Soil Reclamation): In sub-section (1) of S. 23, the words, figures and brackets ‘ the date of the publication of the notification under Section 4, sub-section (1)’ occurring in clause first and the words and figures ‘the time of the publication of the declaration under Section 6’ occurring in clause sixth, shall be deemed to have been replaced by the words ‘such date as Government may declare’.

(2)        For the existing sub-section (2) of Section 23 of the said Act, the following shall be deemed to have been substituted, namely: -

‘(2)       For the purposes of clause ‘first’ of sub-section (1) of this section the market-value of the land shall be determined on the basis of the average net income of that land for the five years preceding the date. declared by Government under sub-section (1) of this section :

Provided that if that land or any portion of it has not been cultivated, the net income of such land or portion in that year, shall be taken to be four times the land revenue assessed thereon, or, if no land revenue has been so assessed, three limes the lowest rate of land revenue assessed on neighbouring land:
Provided further that in respect of land which is situated in a town or village abadi or land which is attached to a house, manufactory, or other building and is reasonably required for the ‘ enjoyment and use of the house, manufactory or building, the market-value shall be the market-value according to the use to which the land was being put on the date declared by Government under subsection (1) of this Section.’-

Karachi (Development): For clauses first and sixthly, the following clauses shall respectively be deemed to be substituted, namely: -

‘First,               the market-value of the land at the date of the first publication of the notice under Article 45 of the Karachi Development Authority Order, 1957.

Sixthly,            the damage (if any) bona fide resulting from diminution of the profits of the land between the date referred to in clause first and the date on which the Collector takes possession of the land’.

(2)        In the same section, to sub-section (2), the following proviso shall be deemed to be added, namely: -
‘Provided that this sub-section shall not apply to any land acquired under the Karachi Development Authority Order, 1957.’

(3)        In the same section, after sub-section (2), the following sub-section shall be deemed to be added, namely: -

(4)        For the purpose of clause first of sub-section (1) of the section--

(a)        If the market-value of the land has been increased or decreased owing to the land falling with or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded ;

(b)        If any person, otherwise than in accordance with the provisions of the Karachi Development Order, 1957 ; erects, re-erects, added to or alters any wall or building so as to make, the same project into the street alignment or beyond the building line prescribed by any scheme made under that Order, that, any increase in the market-value resulting from such erection, re-erection, addition or alteration shall be disregarded ;

(c)        If the market-value is exceptionally high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market-value shall be deemed to be the market-value of land if put to an ordinary use;

(d)       If the market-value of any building is exceptionally high in consequence of the building being so overcrowded, as to be dangerous to be health to the inmates, such overcrowding shall be disregarded, and the market-value shall be deemed to be the market-value of the building if occupied by such number of persons only as could be accommodated in it without overcrowding:

Provided that clause (d) shall not apply in the case of a building which is in the actual occupation of the owner or his family.

(e)        The market-value of the land shall be the value according to the use to which the land was put at the date with reference to which the market-value is to be determined;

(f)        If the market-value has been increased by any improvement made by the owner or his predecessor within two years before the aforesaid date such increase shall be disregarded unless it is proved that the improvement so made was made in good faith and in contemplation of proceedings’ for the acquisition of the land being taken under this Act;

(g)        When the owner of land or building has, after the commencement of the Karachi Development Authority Order, 1957, and within the two years next preceding the date with reference to which the market-value is to be determined, made a return under the City of Karachi Municipal Act, 1933, of the aforesaid land or building the rent in such cases shall not be deemed to be greater than the rent shown in the lastest return so made and the market-value shall be. determined on the basis of such return :

Provided that where addition to or improvement of, such land or building has been made after the date of such return but previous to the date with reference .to which the market-value is to be determined, the Court may consider any increase in the letting value due to such addition or improvement’

Punjab (Thal Development): (1) In clause first of sub-section (1) of Section 23, for the words ‘at the date of publication of the notification under Section 4, sub-section (1)’ and in clause sixth for words ‘the time of the publication of the declaration under Section 6’ shall be deemed to be substituted by the words ‘on 16th June, 1949’.

(2)        The following shall be deemed to have been added under sub-section (1) of Section 23 of the said Act :

‘Seventhly,      any payment made under the Punjab Thal (Increase in Value) Act, 1940, as amended by Punjab Thal (Increase in Value) (Amendment) Act, 1949’.

(3)        For sub-section (2) of Section 23 of the said Act the following shall be deemed to have been substituted, namely:

‘(2)       For the purpose of clause ‘first’ of sub-section (1), the market-value of the land shall be deemed to be 20 times the annual net income from such land subject to the following provisions:

Proviso 1:        If any person interested exercises the option to claim compensation as provided in sub-section (2) of Section 9 of this Act as amended by the Thal Development Act, 1949, market-value so far s his interest in the land is concerned, shall be assessed accordingly.

Proviso 2:        In respect of the land which is situated within the limits of a Municipal Committee, Small Town Committee, Notified Area Committee, or recorded village abadi of revenue estate, or which is attached to a house, manufactory or other building and is reasonably required for the enjoyment and use of such house, manufactory or building, the market-value shall be the market-value according to the use to which the land was put at the time of the publication of the first notice under Section 22 of the Thal Development Act, 1949, or the issue of the notification under Section 36 of that Act, whichever is earlier.

Town Improvement: In clause first and clause sixthly of sub-section (1) of Section 23 of the said Act, for the words ‘publication of the declaration relating thereto under Section 6’ and the words ‘publication of the declaration and Section 6’ shall be deemed to be substituted-

(a)        if the land is being acquired under sub-section (4) of Section 32 of this Act the words ‘issue of the notice under sub-section (3) of Section 32 of the Town Improvement Act, 1922’ and

(b)        in any other case, the words ‘first publication of the notification under Section 36 of the Town Improvement Act, 1922’.

(2)        The full-stop at the end of sub-section (2) of Section 23 of the said Act shall be deemed to be changed to a colon and the following proviso shall be deemed to be added:

‘Provided that this sub-section shall not apply to any land acquired under the Town Improvement Act, 1922.’

(3)        At the end of Section 23 of the said Act, the following shall be deemed to be added namely: -

‘(3)       For the purposes of clause first of sub-section (1) of this section-

(a)        the market-value of the land shall be the market-value according to the use of which the land was put at the date with reference to which the market-value is to be determined under that clause ;

(b)        if it be shown that before such date, the owner of the land had in good faith taken active ‘steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him ;

(c)        if any person without the permission of the Trust required by sub-section (1) of Section 31 of the Town Improvement Act, 1922, has erected, re-erected, added to or altered any building or well so as to make the same project beyond a street alignment or building line duly prescribed by the Trust then any increase in the market-value resulting from such erection, re-erection, addition or alteration shall be disregarded :

(d)       if the market-value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the, land being taken under the Town Improvement Act, 1922 ;

(e)        if the market-value is specially high in consequence of the land being put to a use which’ is unlawful or contrary to public policy, that use shall be. disregarded, and the market-value shall be deemed to be the market-value of the land if put to ordinary use ; and

(f)        when the owner of the land or building has after the passing of the Town Improvement Act, 1922, and within two years preceding the date with reference to which the market-value is to be determined-, made a return under any enactment in force of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater then the rent shown in the lastest return so made save as the Court may otherwise direct, and the market-value may be determined on the basis of such rent :

Provided that where any addition to, or improvement of, the land or building has been made after the date of such latest return and previous to the date with reference to which the market-value is to be determined the Court may take into consideration any increase in the letting-value of the land due to such addition or improvement.

Quetta Development: In sub-section (1) of Section 23 of the said Act for clauses first and sixthly., the following clauses shall respectively be deemed to be substituted namely:-

‘first,               the market-value of the land at the date of the first publication of the notice under Section 47 of the Quetta Development Authority Ordinance, 1977.

Sixthly,           the damage (if any) bona fide resulting from diminution of the profits of the land between the date referred to in clause first and date on which the Collector takes possession of the land’.

2. In the same section, to sub-section (2), the following provision shall be deemed to be added, namely:-

‘Provided that this sub-section shall not apply to any land acquired under the Quetta Development Authority Ordinance, 1977.’

3. In the same section, after sub-section (2), the following sub-section shall be deemed to be added, namely:-
(5) For the purpose of clause first of sub-sectional) of this section---

(a)       if the market-value of the land has been increased or decreased owing to the land falling with or near to the alignment of projected public street to’ such of the increase or decrease as may be due to such cause shall be disregarded ;

(b)       if any person, otherwise than in accordance with the provisions of the Quetta Development Authority Ordinance, 1977 erects re-erects, adds to or alters any wall or building so as to make, the same project into the street alignment or beyond the building line prescribed by any scheme made under that Ordinance, then any increase in the market-value resulting from such erection, re-erection, addition or alteration, shall be disregarded;

(c)       if the market value, is exceptionally high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market value .shall be deemed to be the market-value of the land if put to an ordinary use ;

(d)       if the market value of any building is exceptionally high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market-value shall be deemed to be the market-value of the building if occupied by such number of persons only as could be accommodated in it without overcrowding :
Provided that clause (d) shall not apply in the case of a building which is in the actual occupation of the owner or his family ;

(e)       the market-value of the land shall be the value according to the use to which the land was put at the date with reference to which the market value is to be determined ;

(f)        if the market value has been increased by any improvement made by the owner or his predecessor within two years before the aforesaid date such increase shall be disregarded unless it is provided that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Ordinance :

(g)       when the owner of land or building has, after the commencement of the Quetta Development Authority Ordinance, 1977 and within the two years next preceding the date with reference to which the market-value, is to be determined, made a return under the Municipal Act, is the aforesaid land or building the rent in such cases shall not be deemed to be greater than the rent shown in the latest return so made and the market value shall be determined on the basis of such return:

Provided that where addition to, or improvement of, such land or building has been made after the date of such return but previous to he date with reference to which the market value is to be determined, the Court may consider any increase in the letting value due to such addition or improvement.

Court Decisions

Factors to be considered :-­

Factors to be kept in view for purpose of award of compensation to landowners are:.

·         That an entry in the Rev. Record as to the nature of the land may not be conclusive, for example, land may be shown in Girdawari as Maira, but because of the existence of a well near the land, makes it capable of becoming Chahi land ;

·         That the market value of the land is normally to be taken as existing on the date of publication of the notification under Section 4(1) of the Act, but for determining the same, the price on which similar land situated in the vicinity was sold during the preceding 12 months and not 6-7 years back, may be considered including other facts like potential value etc.P.L.J.2001 SC 1162 = 2001 SCMR 974.

            Market value, determination of‑‑‑Previous decisions in land acquisition cases are relevant in subsequent cases, where market value of land in the same neighbourhood is in issue. 2002 C L C 945

Amount of compulsory acquisition charges. Referee Judge enhancing such charges from 15 per cent. awarded by Collector to 25 per cent. for the reason that Authority (WAPDA) for whom land had been acquired was "Company" with meaning of S, -3(2), Land Acquisition Act, 1894. Status. Authority (WAPDA) for whom land had been acquired being body incorporated by Act of Parliament was entitled to acquire and hold property, to have perpetual succession and common seal, was "Company^ within meaning of S. 3(2) of the Act. Land acquired for Authority (WAPDA) would be deemed to be acquisition for public purpose* within meaning of S. 13(3), Land Acquisition Act, 1894. Authority (WAPDA) though a "Company" but since land in question, had been acquired for public purpose, land owners were entitled to 15 per cent. compulsory charges under S. 13(2), Land Acquisition Act, 1894 instead of 25 per cent. Finding of Referee Judge was modified accordingly.   P.L.J.1998 Pesh. 81.

Whether WAPDA is a company, and at what rate, it should pay compulsory acquisition charges. Question of. WAPDA was a "Company" under Section 3for purpose of Land Acquisition Act, therefore, liable to pay higher rate of acquisition charges i.e. 25%.  P.L.J.2001 SC 1162 = 2001 SCMR 974.

Assessment of market value. Whether relevant date for assessment of market value is that of publication of Notification under Section 4(1) of the Act. Question of. According to Statute, relevant date for assessment of market value was that of Notification under Section 4 and not declaration under Section 6. Slump in prices subsequent to one year average at the date of notification under Section 4 would be relevant factor in determining its potentiality, but not for purpose of laying foundation in determining market value of land.  P.L.J.2001 SC 1162 = 2001 SCMR 974. Judgemnt of High Court whereby amount per kanal through consolidated Judgment was not sustainable being not based on any material. High Courts finding that as the land which was acquired was to be used for construction of road, compensation should be paid at uniform rate and not according to kind of land was violative of principles envisaged in s. 23 of Land Acquisition Act, 1894, according to which compensation has to be assessed as market value of land at the date of publication of notification under S. 4 "of the Act. Market value of land means, value of land which availing purchaser was prepared to pay and willing seller was prepared to sell. Government having not appealed to High, Court against Judgment of Acquisition Judge, S.C. would not interfere in finding of Acquisition Judge which were given without recording evidence. Order of enhancement made by Acquisition Judge was maintained while that of High Court relating to uniform valuation of land in question was set aside.   P.L.J.2000 SC (AJ&K) 158. Learned counsel for appellant has failed to pin point any illegality or material irregularity which might have been committed by Land Acquisition Judge in enhancing price of land. Needless to mention that according to "Ausat Yak Sala", market value of land in question comes to Ra. 5,670/- per kanal. Land Acquisition Judge has discussed evidence produced by parties in detail and has given valid reasons for arriving at correct conclusion. Order of Land Acquisition Judge is neither perverse nor arbitrary. It is neither contrary to any law nor trial Judge has failed to determine any material issue.  P.L.J.1998 Pesh. 235 = 1998 CLC 1800.

Market value has been described as what a willing purchaser would pay to the willing seller—for assessing the market value, it is also essential to look into the location of he land in question, potentiality and the sale price of similar kind of land in vicinity at the relevant time—PLD 2003 SC 480

Best guideline for determining sale price of property under Acquisition is always previous sale of same land or that of sale of similar land 'or property in area and in absence of evidence of previous sale and purchase of same land element of similarity of land and its sale and purchase in adjacent land can be appropriate index of its market value. General division of land into three Blocks without proper classification through taking into consideration character and nature of land of each Block and category to which same belonged, was not correct for purpose of determination of market value of land. Additionally, land of said award being of same nature and character and part of same notification by virtue of which land subject matter of award and appeals was acquired, there could not be different compensation without' proving better quality and value "of land. Potentiality of land is to be Judged with reference to its use in future after acquisition and consequently claim of compensation on basis of land after development of scheme is foreign to law on subject. Potentiality of land of better quality and value for purpose of compensation is not acceptable.  P.L.J.1999 Lah. 1305 = 1999 CLC 29. Appellant not satisfied with finding of Referee Court objected to valuation fixed by that Court. Referee Court for determination of fair rate was supposed to fix rate after taking into consideration various rates of lands in relevant villages. Referee Court, however, had relied upon specified award in respect of adjacent village. High Court after taking into consideration various documents relating to land of similar nature wherein average price had been calculated enhanced price of land in question and ordered payment of same of appellants.    P.L.J.1999 Pesh. 33 = 1999 MLD 2107. Whether determination of compensation according to market value can be termed as excessive. Market value of suit land, according to 'Ausat Yaksala', comes to Rs. 5.344/35. According to another one year average price, market value of suit land per kanal comes to Rs. 5,670/30. As against this, Land Acquisition Judge has given valid reasons for his conclusions and has fixed price of land Rs. 5,000 per kanal which is not at all excessive. No reason exists and none indeed has been made out as to why High Court should interfere with Judgment of referee Judge. Appeal has no substance and is accordingly dismissed. P.L.J.1998 Pesh. 272 = 1998 CLC 1934.

Compensation of acquired land-Courts below had rightly assessed compensation of land in question, thus, their findings were un-exceptional-Referee Judge had taken into consideration extracts from documents on record and had rightly enhanced compensation-Referee Judge had taken into consideration copy of transaction regarding land acquired for construction of Post Office and rightly maintained that area of the same was not within vicinity of land in question-One witness of petitioner had candidly stated that Dargai and Kharkhi (where land in question, was situated) were two separate Mozas and record of both was different although wand was same-Appellants having failed to make out case for enhancement of compensation, appeal was dismissed,  PLD 2003 SC 6 Leave to appeal was granted to consider; whether High Court had erroneously considered acquisition by virtue of document produced by petitioners and disputed property to be falling in two different places in as much as Kharkai is part of Dargai as evident from list of delimitation of constituencies for year the 1987; whether land acquired for post office was adjacent to Dargai Bazar and, therefore, potential value of land was higher than awarded amount and; whether Referee Judge as well as Division Bench of High Court failed to appreciate that land in question, had the potential being developed into commercial property which was surrounded by building and was adjacent to rtain Dargai Bazar, PLD 2003 SC 6

Agreement between parties regarding fixation of rate of compensation :- Dispute relating to rate of compensation for acquired land allegedly on basis of bilateral agreement entered into by land owners and Acquiring Authority. Effect. Bilateral agreement is to be signed at the bottom of deed by both parties, however, signatures of Acquiring Authority were appearing exclusively on frontal page carrying terms of agreement and that too in the margin.-Deed in question, would appear to have been constructed by Acquiring Authority and then signatures/thumb impressions of individual owners were obtained. Possibility that last page. of deed in question bearing signatures of objectors was subsequently and mala-fidely added could not be ruled out. Mala-fide on the part of Acquiring Authority was also evident from the fact that father's name, of six major male members of objectors have wrongly been recorded. Even if signatures of objectors were admittedly correct same could not be used against female petitioner- and minors. Although genuineness of bilateral agreement was in issue, Acquiring Authority did not bother to produce scribe of such deed. Bilateral agreement though started on 22.4:1990, yet the same was concluded on 12.8.1991, therefore, possibility that last page of such deed was subsequently and mala-fidely added could not be ruled out. None of land owners who allegedly signed/thumb marked as also Project Director who signed the same on behalf of Acquiring Authority were produced to prove contents of bilateral agreement. No agreement was, thus, signed between parties regarding fixation of rate of compensation.  P.L.J.2000 Pesh. 259.

            Situation of Land :- Frontal part of acquired land was admittedly on main Highway in the vicinity of city. There were Marble factories in the vicinity of acquired land. Land in question, was thus, suitable for residential as well as commercial purposes and thus, could not be valued as agriculture/barren land. Rate of compensation for specified Khasra numbers on basis of material on record was fixed at Rs. 17,000/- per marla and rate for the remaining khasra numbers fixed in impugned Judgment as Rs. 8,000/- per marla would merit no interference. Cost of trees as determined by Local Commissioner was also granted to objectors and decree of trial Court to that extent was modified.  P.L.J.2000 Pesh. 259. Market value of land acquired. Determining of market value of such land by Reference Judge and the High Court. Land in question, being situate in the heart of the town had potential to be used as commercial site. Small sale deeds being good guide for determining its market value, High Court and Reference Judge had rightly taken such small sale deeds into consideration for determining market value of land in question. Reference Judge and the High Court, thus, did not commit any error in determining market value of land acquired at specified rate per Kanal.  P.L.J.2000 SC (AJ & K) 308. No valid exception could be taken to criteria adopted by Referee Judge by taking into. consideration three schedules of average prices worked out by Patwaris which was not in violation of any of the matters to be considered for determination of compensation. No Justification was pointed out to interfere in either order of enhancement of compensation ,or 15 per centum as compulsory acquisition charges on amount so enhanced. Land owners, however, were found to be entitled to simple interest on said enhanced amount at the rate of six per centum per annum from the date on which Collector took possession of land to date of payment of such enhanced amount into court. Leave to appeal was refused against Judgment of High Court. P.L.J.1999 SC 1101 = 1999 SCMR 43 -= NLR 1999 Rev. 84. High Court while determining amount of compensation had referred to documentary evidence in general and specified award in particular with regard to another piece of land in the same village which was made the basis of enhancement of compensation. No legitimate exception could, thus, he taken to the order of High Court to affirm the finding of Referee Judge. Referee Judge was absolutely Justified to have relied upon specified Award for enhancement of amount of compensation. Appeal having no merit was dismissed in circumstances.  P.L.J.2001 SC 293 = PLD 2001 SC 375.

 

Determination of compensation :- Yardstick of compensation in another acquisition case could not be applied to a case, without examining all attending circumstances and analogies applicable to acquisition in question compensation enhanced with award of interest.  P.L.J.1999 SC 53 = 1998 SCMR 2306 = NLR 1998 Rev. 111.

First consideration is market value of land at the time of publication of Notification under S. 7 of Land Acquisition Act, 1894 while, from other " criteria have been defined in S. 23 of Land Acquisition Act, 1894 from determining compensation which includes damages sustained by owner due to destruction of standing crops or trees; damages from severing of acquired land from other land; injury suffered by owner due to acquisition; change of residence or place or business of owner due to such acquisition and lastly any bona fide result from diminution of profits of land during period commencing after publication of declarations and time of Collector's taking possession of land.   P.L.J.1997 Kar. = 1997 CLC 848. Statutory compensation allowed under S.23(2) of Land Acquisition Act, 1894, does not form part of compensation awarded and where an appeal is filed under S.54 of Land Acquisition Act, 1894, against the award, no court fee is payable on the amount of statutory compensation. 2000 Y L R 1123 AIR 1972 Pat. 294 ref. Trial Court enhanced the compensation as per market value, 15 % compulsory acquisition charges, additional compensation at the rate of 15 % per annum and simple interest at the rate of 6% per annum on the excess amount were also awarded under S.28, Land Acquisition Act, 1894, by Trial Court to the respondent---Order of Trial Court being according to the facts and law, was maintained. 2000 Y L R 1123 PLD 1996 SC 77; PLD 1982 Kar. 147; PLD 1986 Kar. 164; PLD 1969 Azad J&K 46; PLD 1976 Pesh. 50; PLD 1963 Azad J&K 10; PLD 1954 Lah. 265; 1991 MLD 90; 1996 CLC 1193; 1997 SCMR 1692; 1996 SCMR 1820; 1992 CLC 1775; 1991 MLD 90; PLD 1992 SC 472; 1999 MLD 2922; 1993 CLC 179 and PLD 1968 Lah. 148 ref.

Under Section 23 of Act, for determining "Yaksala Ausati" is to be prepared on basis of one year average of preceding year. Subsequent change has no bearing on determination of compensation. Section 23 of Act envisages that for determining amount of compensation to be awarded for land acquired under Land Acquisition Act, 1894 Court shall take into consideration market value of lands on date of Notification u/S. 54 of the Land Acquisition Act, 1894 as observed in Land Acquisition Collector vs. Muhammad Iqbal reported in 1992 SCMR 1245 Court cannot take into consideration improvement or subsequent change. Appeal being devoid of any force is also dismissed.   P.L.J.1998 Pesh. 9  PLD 1998 Pesh. 21 = NLR 1998 Rev. 42.

Incorporation of appellant/company would not operate retrospectively. On crucial date of notification u/S. 4 of the Act, appellants were not incorporated as a company,, therefore,  landowners could neither invoke provisions of Section 23(2) of the Act nor they could be awarded compulsory acquisition charges at 25%. Appeal was partially allowed and award of 25% compulsory acquisition charges to landowners was set aside.   P.L.J.2001 SC 1168

Land was acquired for temporary occupation for public purpose. Owners of land claimed payment of compulsory acquisition charges under Section 23(2), Land Acquisition Act, 1894. Provisions of Section 23(2) of Land Acquisition Act, 1894, were applicable in case of permanent acquisition and not for temporary occupation under Section 35 of the said Act.. If owners of land considered themselves entitled to any compensation for any damages done to their land which was not provided for in the agreement, they could have recourse to Section 36, Land Acquisition Act.  P.L.J.1999 SC 1745 = 1999 SCMR 409 = NLR 1999 Rev. 65.

Payment of compensation with 15 per centum.  15 per centum additional charges on Acquisition of land under Town Improvement Act, 1922 having settled, modification through Para-10(2) of Schedule to Town Improvement Act, 1922 was declared valid under Section 229(2) of Government of India Act, 1935. Result was that benefit of Proviso to subSection (2) of Section 23 of Land Acquisition Act, 1894 being, not available to appellants was not granted. S.C. of Pakistan in Salim Ullah's case maintained that payment of compulsory charges at rate of 15 per centum being not permissible under Town Improvement Act, 1922, Claim of appellants is unfounded which has been rightly refused by lower Court.  P.L.J.1999 Lah. 1305 = 1999 CLC 29. District Judge fixed price of and on basis of average price of sale-deeds for three years. Sale-deeds produced by appellants were also included while assessing average price. Sale-deeds produced by appellants pertained to small tracts of land which could not be made basis for market value of land acquired. Respondent's contention that appellant's having received compensation were not entitled to file reference or appeal had no substance in that such objection was not raised by respondents in their written statement. Appellants had failed to bring on record any evidence that average price of sale-deed of three years was factually wrong nor did they produce any evidence to the effect that acquired land had potential for being put to use for business or the same could be used for construction of residential accommodation, therefore, market value having been rightly assessed by forums below including the High Court, need no interference. P.L.J.2000 SC (AJ&K) 410. Enhancement of compensation amount ordered by District Judge and High Court without adverting to evidence on record was not sustainable. High Court's view that land which was acquired was to be used for construction of road, therefore, compensation should be paid at uniformed rate and not accordingly to the kind of land, was not warranted being violation of principles envisaged in S. 23 of Land Acquisition Act 1894,. according to which compensation has to be assessed according to market value of land at the time of publication of notification under S. 4 of Land Acquisition Act, 1894. Judgments, of District Judge and High Court being violative of principles envisaged in S. 23 of Land Acquisition Act, 1894, were set aside and case was remanded to District Judge to rehear the same in the light of observations made by the Supreme Court.  P.L.J.2000 SC (AJ&K) 278.

Relevant date for assessment. Relevant date for purpose of assessment of compensation was that of notification under S. 4, Land Acquisition Act, 1894 and not declaration under S. 6 of the Act. Referee Judge erred in taking market value on date of declaration under S. 6 of the Act. Such finding of Referee Judge was contrary to statutory provision. Slump in prices subsequent to one year average at the date of notification under S. 4, Land Acquisition Act» 1894, would be relevant factor in determining its potentiality but not for purpose of laying foundation in determination market value of land. No good reason had been advanced by Referee Judge for discarding market value of land on date of notification under S. 4, Land Acquisition Act, 1894. One year average, preceding date of notification under S.4 of the Act should be taken to be market price of land for determining compensation.  P.L.J.1998 Pesh. 81.

Legal admission :-- Where an assertion made in examination-in-chief was not subjected to cross-examination that assertion would be admitted to be true---Land-owners witness having stated specific amount as the market value- of acquired land, failure to cross-examine him by opposite party would amount to admission of his assertion with regard to market value. 1990 M L D 2123

24.       Matters to be neglected in determining compensation.— But the Court shall not take into consideration—

      first, the degree of urgency which has led to the acquisition;

      secondly, any disinclination of the person interested to part with the land acquired;

      thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;

      fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put;

      fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;

      sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put ; or

      seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made or effected without the sanction of the Collector after the date of the publication of the [54][54][notification under section 4, sub-section (1)].

AMENDMENTS

Karachi (Development):      For clause seventhly of the section the following clause shall be deemed to be substituted, namely:

‘seventhly,      any outlay on additions to improvements to land acquired, which was incurred after the date with reference to which the market value is to be determined, unless such additions or improvements were necessary for the maintenance of any building in a proper state of repair’

Quetta (Development. Same as for Karachi Development.

Town Improvement : Same as for Karachi (Development)

Punjab (Thal Development) : For clause seventhly of the section the following shall be substituted namely:-

‘seventhly,      any outlay on additions or improvements to land acquired, which was incurred after the date with reference to which the market value is to be determined, unless it is proved that these were necessary to keep the land in a fit state to command the profits accruing on the said date and were made in good faith and not in contemplation of proceedings for compulsory requisition.’

West Pakistan (Soil Reclamation) :

Same as for Punjab (Thal Development)

25.       Rules as to amount of compensation.— (1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed [55][55][* * *].

            (2)        When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector.

            (3)        When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector.

AMENDMENTS

West Pakistan: In sub-section (1), the words, ‘or be less than the amount awarded by the Collector under Section 11’ shall be omitted

N.W.F.P.: For sub-section (3) the following sub-section shall be substituted and shall be deemed to have always been so substituted, namely: -

‘(3)       When the applicant his omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court may exceed the amount awarded by the Collector.

Punjab (Thal Development): In sub-section (1), words ‘or be less than the amount awarded by the Collector under Section 11’ shall be deemed to be deleted.

(2)        The following shall be deemed to be added as sub-section (4) of Section 25.

‘(4)       The Court shall be competent to award an amount less than that awarded by the Collector, if, after consideration of any reference or cross-objection, it is of the opinion that the amount awarded by the Collector is excessive’
West Pakistan (Soil Reclamation): Same as for Punjab (Thal Development).

26.       Form of awards.— [56][56][(1)] Every award under this part shall be in writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.

      [57][57][(2)      Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgement within the meaning of section 2, clause (2), and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908[58][58]].

27.   Costs.— (1) Every such award shall also state the amount of costs incurred in the Proceedings under this part, and by what persons and in what proportions they are to be paid.

            (2)        When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs.

28.   Collector may be directed to pay interest on excess compensation.— If 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, the award of the Court may direct that the Collector shall pay [59][59][compound interest on such excess at the rates of eight per centum] per annum from the date on which he took possession of the land to the date of payment of such excess into Court.

            [60][60][Provided that in all cases where the Court has directed that Collector shall pay interest on such excess at the rate of six per centum from the date on which possession was taken and the payment of compensation or a part thereof has not been made up to the commencement of the Land Acquisition (West Pakistan Amendment) Act, 1969, the rate of compound interest on such excess on balance shall be eight per centum].

AMENDMENTS

West Pakistan: In Section 28, for the words ‘interest on such excess at the rate of six per centum’ the words ‘compound interest on such excess at the rate of eight per centum’ shall be substituted; and the following proviso be added at the end :

‘Provided that in all cases where the Court has directed that Collector shall pay interest on such excess at the rate of six per centum from the date on which possession was taken and the payment of compensation or a part thereof has not been made up to the commencement of the Land Acquisition (West Pakistan Amendment) Act, 1969, the rate of compound interest on such excess or balance shall be eight per centum’.

Sindh: West Pakistan amendment given above is deemed never to have been made in Sindh.

Where a Court has directed payment of interest on any amount of compensation payable under the Land Acquisition Act, 1894 (Act I of 1894), at a rate exceeding six per centum simple interest per annum, interest shall be payable on such amount, notwithstanding any judgment, decree or order of the Court at six per centum simple interest per annum.

Court Decisions

Import, scope and object—Government or other acquiring agencies often avoid or delay payment of compensation to landowners who keep on litigating for decades—Legislature, by incorporating S. 28-A in land Acquisition Act, 1894, intended to compensate such landowners by providing additional compensation and at the same time to deter acquiring agencies from delaying the payment—Landowner under S. 28-Aof land Acquisition Act, 1894, cannot take a premium on the basis of the entire amount of compensation inclusive of amounts already pocketed by him. PLD 2003 Kar. 174

Interest on amount of compensation awarded :-Where amount awarded qua compensation of acquired land was neither paid nor deposited on or before taking possession of the land, Authority was bound to pay interest to the owners of the acquired land from the date of possession of such land. 2000 Y L R 1123  1990 CLC 718 ref.

Words “additional compensation”—Payment of additional compensation is required under S. 28-A of land Acquisition Act, 1894, by way of an additional amount of fifteen per cent. Per annum from the date of notification under S. 4 of Land Acquisition Act, 1894, till the date of notification under S. 4 of Land Acquisition Act, 1894, till the date of payment—Though the words “additional compensation” have been used, it is clear that such compensation is not payable by way of consideration for acquisition of land itself. PLD 2003 Kar. 174

Interest payable on enhanced compensation award :- Such an interest under S.28 of Land Acquisition Act, 1894, was like the interest payable under-34 of Land Acquisition Act, 1894, and the same was not a part of compensation for the acquisition of the land in the sense that it was a quid pro quo for the value of the land taken---No court fee was payable under S.51 of Land Acquisition Act, 1894, on the interest payable on enhanced compensation award, in circumstances. 2000 Y L R 1123  AIR 1972 Mad. 158 ref.

Collector" and Appellate Authority in terms of S. 28 of Land Acquisition Act, 1894, were empowered to order payment of interest on enhanced compensation amount at the rate of 6 per cent per annum. Judgment of High Court was amended in terms that allottee concerned would be entitled to 6 per cent interest per annum. Judgment of High Court was amended in terms that allottee would be entitled to 6 per cent interest on compensation amount to which he was found entitled form the date of award.P.L.J.2000 SC (AJ&K) 308.

No Justification was pointed out to interfere in either order of enhancement of compensation ,or 15 per centum as compulsory acquisition charges on amount so enhanced. Land owners, however, were found to be entitled to simple interest on said enhanced amount at the rate of six per centum per annum from the date on which Collector took possession of land to date of payment of such enhanced amount into court. Leave to appeal was refused against Judgment of High Court.   P.L.J.1999 SC 1101 = 1999 SCMR 43 -= NLR 1999 Rev. 84.

Principle of past and closed transaction—Dispute was with regard to the payment of additional compensation under S. 28-A of Land Acquisition Act, 1894 regarding the land acquired in the year 1960—Authorities refused to pay additional compensation on the ground that the landowners had received certain portion of compensation and the matter had become past and closed transaction—Whenever land owner received part of the compensation payable or even the entire amount due at a particular point of time, the matter would not become past and closed transaction and the provisions of S. 28-A of Land Acquisition Act, 1894, would not become inapplicable as the same was not a case of a live or dead issue—Question of amount of compensation payable from the date of notification under S. 4 of Land Acquisition Act, 1894, till the entire amount of compensation was determined was a single transaction and additional compensation under S. 28-A of Land Acquisition Act, 1894, would have to be calculated by bifurcating the unpaid amount from that which had already been paid to landowner—Additional compensation was to be calculated only on the basis of the unpaid amount in view of proper construction of S. 28-A of the Act—Landowners were entitled to receive the additional compensation under S. 28-A of Land Acquisition Act, 1894 for the unpaid amount of the compensation from the date of notification under S. 4 of Land Acquisition Act, 1894 till the final payment of the compensation was made to them. PLD 2003 Kar. 174

Rate of Interest :- In its application to Punjab for the words "interest thereon at the rate of six per centum, words "compound interest at the rate of eight per centum has been substituted. Judgment of decree of Courts below allowing rate of eight per centum per annum was rightly fixed warranting no interference. P.L.J.2000 SC 1657 =2000 SCMR 870.

            Entitlement to additional compensation-Provision of S. 28-A of Land Acquisition Act 1894 being mandatory in nature relates to additional compensation from date of publication of notification under S. 4 of Act to date of payment of compensation-Court is bound to grant relief which party to /;s seeks, and Court is bound to grant relief even without it being sought by a party and if un-intentionally or inadvertently Court does not grant such relief, it would be justified at any time to correct such accidental omission or error by exercising power under S. 152 C.P.C. PLD 2003 Quetta 12

PART IV

APPORTIONMENT OF COMPENSATION

29.   Particulars of apportionment to be specified.— 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 evidence of the correctness of the apportionment.

30.       Dispute as to apportionment.— 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.

PART V

PAYMENT

[61][61][31.            Payment of compensation or deposit of the same in Court.— (1) When the Collector has made an award under section 11—

         (a)  if the persons interested entitled to compensation under the award and the Provincial Government accept the award and intimate their acceptance in writing to the Collector before the expiry of the period prescribed in sub-section (2) of section 18 for making an application to the Collector for referring the award to the Court, or in sub-section (3) of the said section for referring the award to the Court by the Provincial Government, whichever is later, or if the period specified in sub-section (2) of the said section for making an application to the Collector or in sub-section (3) for referring the award to the Court has expired and no such application or reference has been made, the Collector shall, before taking possession of the land, tender payment of the full amount of compensation awarded by him to the persons entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2);

         (b)  if the persons interested entitled to compensation under the award or the Provincial Government object to the award and an application has been made to the Collector under sub-section (2) of section 18 for referring the award to the Court or the award has been referred to the Court by the Provincial Government under sub-section (3) of that section, the Collector shall, before taking possession of the land, tender payment of the compensation awarded by him or the estimated cost of acquisition of such land as determined by the Collector of the district under sub-section (1) of section 17, whichever is less, to the persons entitled thereto under the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2):

            Provided that no payment under clause (b) shall be made until the person entitled to compensation furnishes to the satisfaction of the Collector a security for refund of the amount, if any, which may subsequently be found to be in excess of the compensation awarded to him by the Court].

            (2)        If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted:

            Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:

            Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18:

            Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.

            (3)        Notwithstanding anything in this section the Collector may, with the sanction of the [62][62][Executive District Officer (Revenue)] instead of awarding 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 title, or in such other way as may be equitable having regard to the interests of the parties concerned.

            (4)        Nothing in the last foregoing sub-section shall be construed 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 contact in respect thereof.

AMENDMENTS

West Pakistan: For sub-section (1), the following sub-section shall be substituted, namely: -

(1)        When the Collector has made an award under Section 11.

(a)        If the persons interested is entitled to compensation under the award and the Provincial Government accept the award and intimate their acceptance in writing to the Collector before the expiry of the period prescribed in sub-section (2) of section 18 for making an application to the Collector for referring the award to the Court, or in sub-section(3) of the said section for referring the award to the Court by the Provincial Government, whichever is later; or if the period specified ins sub-section (2) of the said section for making an application to the Collector or in sub-section (3) for referring the award to the Court has expired and no such application or reference has been made, the Collector shall, before taking possession of the land, tender payment of the full amount of compensation awarded by him to the persons entitled thereto according to the award, and shall pay it to them unless prevented by someone or more of the contingencies mentioned in sub-section (2).

(b)        If the persons interested entitled to compensation under the award or the Provincial Government object to the award and an application has been made to the Collector under sub-section (2) of Section 18 for referring the award to the Court, or the award has been referred to the Court by the Provincial Government under sub-section (3) of that section, the Collector shall, before taking possession of the land, tender payment of the compensation awarded by him or the established cost of acquisition of such land as determined by the Collector of the district under sub-section (1) of S. 17, whichever is less, to the persons entitled thereto under the award and shall pay it to them unless prevented by someone or more of the contingencies mentioned in sub-section (2) :

Provided that no payment under clause (b) shall be made until the person entitled to compensation furnishes to the satisfaction of the collector a security for refund of the amount, if any, which may subsequently be found to be in excess of the compensation awarded to him by the Court.’’

In sub-section (3) for ‘Provincial Government’ substitute ‘“Executive District Officer (Revenue)”.’

Balochistan: Same as for West Pakistan-.

N.W.F.P.: For sub-section (1), the following sub-section shall be substituted, namely:

(1)        When the Collector has made an award under Section 11-

(a)        if the persons interested entitled to compensation under the award and the Provincial Government accept the award and intimate their acceptance in writing to the Collector before the expiry of the period prescribed in sub-section (2) of Section 18 for making an application to the Collector for referring the award to the Court or in sub-section (4) of the section for referring the award to the Court by the Provincial Government, whichever, is later, or if the period specified in sub-section (2) of the said section for making an application to the Collector or in sub-section (4) for referring the award to the Court has expired and no such application or reference has been made, the Collector shall, before taking possession of the land, tender payment of the full amount of compensation awarded by him to the person entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2) ;

(b)        if the persons interested entitled to compensation under the award or the Provincial Government object to the award and an application has been made to the Collector under sub-section (2) of Section 18 for referring the award to the court or the award has been referred to the Court by the Provincial Government under sub-section (4) of that Section the Collector shall, before taking possession of the land, tender payment of the full amount of the compensation awarded by him or the estimated cost of acquisition of such land a determined by the Collector of the district under Sub-section (1) of S. 7 whichever is less to the persons entitled thereto under the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2) :

Provided that no payment under clause (b) shall be made until the person entitled to compensation furnishes to the satisfaction of the Collector a security for refunding or the amount, if any which may subsequently be found to be in excess of the compensation awarded to him by the Court.

Sindh: Same as for West Pakistan.

West Pakistan (Soil Reclamation): (1) After the words ‘the compensation’ in sub-section
(1) of Section 31 of the said Act, and after the words ‘the amount of compensation’ in sub-section (2) of that section, the words and brackets ‘and costs (if any)’ shall be deemed to have been inserted.

Punjab (Thal Development) : Same as for West Pakistan (Soil Recolamation).

Town Improvement: Same as for West Pakistan (Soil Reclamation).

32.       Investment of money deposited in respect of lands belonging to persons incompetent to alienate.— (1) If any money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court shall—

      (a)  order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held, or

      (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 for the time 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—

    (i)  in the purchase of such other lands as aforesaid; or

   (ii)  in payment to any person or persons becoming absolutely entitled thereto.

            (2)        In all cases of moneys deposited to which this section applies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incidental thereto, to be paid by the Collector, namely:-

            (a)  the costs of such investments as aforesaid;

            (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.

33.   Investment of money deposited in other cases.— When any money shall have been deposited in Court under this Act for cause other than that mentioned in the last preceding section, the Court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider will give the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be.

34.   Payment of interest.— When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with [63][63][compound interest at the rate of eight per centum] per annum from the time of so taking possession until it shall have been so paid or deposited [64][64][:]

            [65][65][Provided that any waiver of the above right by the land owner shall be void and he shall be entitled to the said interest notwithstanding any agreement to the contrary].

AMENDMENTS

West Pakistan: In S. 34, for the words ‘interest thereon at the rate of six per centum’ the words ‘Compound interest at the rate of eight per centum’ shall be substituted ; and for the full-stop appearing at the end a colon shall be substituted and the following proviso be added thereafter, namely:

‘Provided that any waiver of the above right by the land-owner shall be void and he shall be entitled to the said interest notwithstanding any agreement to the contrary.’’

Sindh: The Land Acquisition (West Pakistan Amendment) Act, 1969, is repealed and shall be deemed never to have been enacted, and the Amendments affected thereby in the Land Acquisition Act, 1894 (Act I of 1894), shall be deemed never to have been effected.

Court Decisions

Payment of court fee on such interest---Such an interest under S.28 of Land Acquisition Act, 1894, was like the interest payable under-434 of Land Acquisition Act, 1894, and the same was not a part of compensation for the acquisition of the land in the sense that it was a quid pro quo for the value of the land taken---No court fee was payable under S.51 of Land Acquisition Act, 1894, on the interest payable on enhanced compensation award, in circumstances. 2000 Y L R 1123 AIR 1972 Mad. 158 ref.

Interest when late payment of compensation :- According to law, amount of compensation was necessarily to be deposited in proportionate before award and in toto immediately on award to make payment to land owners. This is strange that land of appellant was acquired without deposit and payment of compensation. Appellant is entitled to payment of compensation with interest at rate of 8% per annum from date of award. Appeals disposed of with modification in quantum of compensation.  P.L.J.1999 Lah. 1305 = 1999 CLC 29.

PART VI

TEMPORARY OCCUPATION OF LAND

35.   Temporary occupation of waste or arable land. Procedure when difference as to compensation exists.— (1) Subject to the provisions of Part VII of this Act, whenever it appears to the [66][66][Executive District Officer (Revenue)] that the temporary occupation and use of any waste or arable land are needed for any public purpose or for a Company, the [67][67][Executive District Officer (Revenue)] 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.

      [68][68][(2)      The Collector shall cause public notice of the substance of the direction to be given at convenient places in the locality in which the land is situate, and thereupon it shall be lawful for any officer, either generally or specially authorised by the Collector in this behalf, and for the servants and workmen of such officer, to enter upon and survey and take levels of any land in such locality.]

      [69][69][(3)      On receipt of plans detailing the land acquired, the Collector shall give notice in writing to the persons interested in such land of the purpose for which the same is needed and shall, for the occupation and use thereof for such term as aforesaid, and for the material, if any, to be taken therefrom, pay to them such compensation, either in a gross sum of money or by monthly or other periodical payments as shall be agreed upon in writing between him and such persons respectively.]

      [70][70][(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.

AMENDMENTS

West Pakistan: In sub-section (1) for ‘Provincial Government’ substitute ‘“Executive District Officer (Revenue)”‘ (a)for sub-section (2), the following sub-section shall be substituted, namely:-

‘(2) The Collector shall cause public notice of the substance of the direction to be given at convenient places in the locality in which the land is situate, and thereupon it shall be lawful for any officer, either generally or specially authorised by the Collector in this behalf, and for the servants and workmen of such officer, to enter upon and survey and take levels of any land in such locality’; and

(b) the existing sub-section (3) shall be re-numbered as sub-section (4) and the following shall be inserted as sub-section (3), namely:-

(3)        On receipt of plans detailing the land acquired, the Collector shall given notice in writing to the persons interested in such land of the purpose for which the same is needed and shall, for the occupation and use thereof for such term as aforesaid, and for materials, if any, to be taken therefrom, pay to them such compensation, either in a gross sum of money or by monthly or other periodical payments as shall be agreed upon in writing between him and such persons respectively.’

Balochistan: Same as for West Pakistan.

Sindh: Same as for West Pakistan.

Court Decisions

Provisions of Section 23(2) of Land Acquisition Act, 1894, were applicable in case of permanent acquisition and not for temporary occupation under Section 35 of the said Act. If owners of land considered themselves entitled to any compensation for any damages done to their land which was not provided for in the agreement, they could have recourse to Section 36, Land Acquisition Act.  P.L.J.1999 SC 1745 = 1999 SCMR 409 = NLR 1999 Rev. 65.

36.       Power to enter and take possession, and compensation on restoration.— (1) On payment of such compensation, or on executing such agreement or on making a reference under section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.

            (2)        On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein:

            Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the [71][71][Executive District Officer (Revenue)] shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a Company.

AMENDMENTS

West Pakistan: In sub-section (2) for ‘Provincial Government’ substitute ‘“Executive District Officer (Revenue)”‘.

Balochistan: Same as for West Pakistan.

Sindh: Same as for West Pakistan.

37.       Difference as to condition of land.— 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.

PART VII

ACQUISITION OF LAND FOR COMPANIES

38.       Company may be authorised to enter and survey.— [72][72][(1) The [73][73][Executive District Officer (Revenue)] may authorise any officer of any Company desiring to acquire land for its purpose to exercise the powers conferred by sub-section (2) of section 4].

            (2)        In every such case section 4 shall be construed as if for the words “for such purpose” the words “for the purposes of the Company” were substituted; and [74][74][sub-section (3) of section 4] shall be construed as if after the words “the officer” the words “of the Company” were inserted.

[75][75][38-A.        Industrial concern to be deemed Company for certain purposes.— An industrial concern, ordinarily employing not less than one hundred workmen owned by an individual or by an association of individuals and not being a Company, desiring to acquire land for the erection of dwelling houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the acquisition of such land, be deemed to be a Company for the purposes of this Part, and the references to Company in sections 5A, 6, 7, 17 and 50 shall be interpreted as references also to such concern].

AMENDMENTS

West Pakistan: (i) For sub-section (1), the following sub-section shall be substituted namely

‘(I)       The “Executive District Officer (Revenue)” may authorize any officer of any company desiring to acquire land for its purpose to exercise the powers conferred by sub-section (2) of Section 4’, and

(ii)        in sub-section (2) for the word and figure ‘Section 5’, the words, figures, and brackets ‘sub-section (3) of Section 4’, shall be substituted.

Balochistan: Same as for West Pakistan.

Sindh: Same as for West Pakistan.

39.       Previous consent of [76][76][Executive District Officer (Revenue)] and execution of agreement necessary.— The provisions of sections 6 to 37 (both inclusive) shall not be put in force in order to acquire land for any Company, unless with the previous consent of the [77][77][Executive District Officer (Revenue)] nor unless the Company shall have executed the agreement hereinafter mentioned.

AMENDMENTS

West Pakistan: For ‘Provincial Government’ substitute ‘“Executive District Officer (Revenue)”‘.

Balochistan: Same as for West Pakistan.

Sindh: Same as for West Pakistan.

40.       Previous enquiry.— (1) Such consent shall not be given unless the [78][78][Executive District Officer (Revenue)] be satisfied, [79][79][either on the report of the Collector under section 5-A, sub-section (2), or] by an enquiry held as hereinafter provided—

   [80][80][(a)   that the purpose of the acquisition is to obtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities directly connected therewith or

[81][81][(aa)   that 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

           (b)   that such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the public], [or][82][82]

    [83][83][(c)   that the area proposed to be acquired is reasonable for the purpose].

            (2)        Such enquiry shall be held by such officer and at such time and place as the [84][84][Executive District Officer (Revenue)] shall appoint.

            (3)        Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the [85][85]Code of Civil Procedure in the case of a Civil Court.

Amendments

West Pakistan: In sub-section (1) for ‘Provincial Government’ substitute ‘“Executive District Officer (Revenue)”‘. In sub-section (1), after clause (a), the following new clause shall be inserted :

‘(aa)     that 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’ In sub-section (1)-

(i)         in clause (b), for the full-stop at the end, the comma and the word ‘or’ shall be substituted, and

(ii)        after clause (b) as so modified, the following new clause shall be added, namely:-

‘(c)       that the area proposed to be acquired is reasonable for the purpose.

Balochistan: Same as for West Pakistan.

Sindh: Same as for West Pakistan.

41.       Agreement with Provincial Government.— [86][86][* * *] If the [87][87][Executive District Officer (Revenue)] is satisfied [88][88][after considering the report, if any, of the Collector under section 5-A, sub-section (2), or on the report of the officer making an inquiry under section 40] that [89][89][the object of the proposed in acquisition is to obtain land for one of the purposes referred to clause (a) or clause (aa) or clause (b) of sub-section (1) of section 40] [90][90][he] shall [91][91][* * *] require the Company to enter into an agreement [92][92][with the Provincial Government], providing to the satisfaction of the [93][93][Provincial Government] for the following matters, namely:-

        (1)   the [94][94][payment to the [95][95][Executive District Officer (Revenue)]] of the cost of the acquisition;

        (2)   the transfer, on such payment, of the land to the Company;

        (3)   the terms on which the land shall be held by the Company;

[96][96][(4)   where the acquisition is for the purpose of erecting dwelling houses or the provision of amenities connected herewith, the time within which, the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided; and

        (5)   Where the acquisition is for a purpose falling under clause (b) of sub-section (1) of section 40, the time within which and the conditions on which the work shall be constructed and maintained].

Amendments

West Pakistan: In Section 41 (i), for ‘Provincial Government’ where it occurs for the first time substitute “Executive District Officer (Revenue)”

(a)        for the words and commas ‘the purpose of the proposed acquisition to obtain land for the creation of dwelling houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or that the proposed acquisition is needed for the construction of a work, and that such work is likely to prove useful to the public’, the words, brackets, letters, figures and comma ‘the object of the proposed acquisition is to obtain land for one of the purposes referred to in clause (a) or clause (aa) or clause (b) of sub-section (1), of Section 40’, shall be substituted ; and

(b)        of clause (5), the following clause shall be substituted, namely:-

‘(5)       Where the acquisition is for a purpose falling under clause (b) of sub-section (1) of Section 40, the time within which and the conditions on which the work shall be constructed and maintained.’

Balochistan: Same as for West Pakistan.

Sindh: Same as for West Pakistan.

42.       Publication of agreement.— Every such agreement shall, as soon as may be after its execution, be published [97][97][* * *] in the [98][98][official Gazette] [99][99][and the acquisition shall be deemed to have been made subject to the terms of such agreement].

AMENDMENTS

West Pakistan: For the words and brackets ‘and shall thereupon (so far as regards the terms on which the pubic shall be entitled to use the work) have the same effect as if it had formed part of this Act’, the words ‘and the acquisition shall be deemed to have been made subject to the terms of such agreement’, shall be substituted.

43.       Sections 39 to 42 not to apply where Government bound by agreement to provide land for Companies.— The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding sections of the [100][100]Land Acquisition Act, 1870, shall be deemed never to have applied, to the acquisition of land for any Railway or other Company, for the purposes of which, [101][101][under any agreement with such Company, the Secretary of State for India in Council, the Secretary of State, [102][102][the [103][103][Federal] government or any Provincial Government] is or was bound to provide land].

AMENDMENTS

43-A. Restriction on transfer, etc.: 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.

[104][104][43-A.     Restrictions on transfer, etc.— 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].

44.       How agreement with Railway Company may be proved.— In the case of the acquisition of land for the purpose of a Railway Company, the existence of such an agreement as is mentioned in section 43 may be proved by the production of a printed copy thereof purporting to be printed by order of Government.

PART VIII

MISCELLANEOUS

45.       Service of Notices.— (1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 4, by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge.

            (2)        Whenever it may be practicable, the service of the notice shall be made on the person therein named.

            (3)        When such person cannot be found, the service may be made on any adult male member of his family residing with him; 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, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspicuous part of the land to be acquired:

            Provided that, if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and registered under Part III of the [105][105]Indian Post Office Act, 1866, and service of it may be proved by the production of the addressee's receipt.

46.       Penalty for obstructing acquisition of land.— Whoever willfully obstructs any person in doing any of the acts authorised by section 4 or section 8, or willfully fills up, destroys, damages or displaces any trench or mark made under section 4, shall, on conviction before a Magistrate, be liable to imprisonment for any term not exceeding one month, or to fine not exceeding fifty rupees, or to both.

47.       Magistrate to enforce surrender.— If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself and, if not a Magistrate, he shall apply to a Magistrate [106][106][* * *] and such Magistrate [107][107][* * *] shall enforce the surrender of the land to the Collector.

48.       Completion of acquisition not compulsory, but compensation to be awarded when not completed.— (1) Except in the case provided for in section 36, the [108][108][Executive District Officer (Revenue)] shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.

            (2)        Whenever the [109][109][Executive District Officer (Revenue)] withdraws from any such acquisition, 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.

            (3)        The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.

49.       Acquisition of part of house or building.— (1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired:

            Provided that the owner may, at any time before the Collector 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:

            Provided also that, if any question shall arise as to whether any land proposed to be taken 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.

            In deciding on such a reference, the Court shall have regard to the question whether the land proposed to be taken is reasonably required for the full and unimpaired use of the house, manufactory or building.

            (2)        If, in the case of any claim under section 23, sub-section (1), thirdly, by a person interested, on account of the severing of the land to be acquired from his other land, the [110][110][Executive District Officer (Revenue)] is of opinion that the claim is unreasonable or excessive, [111][111][he] may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.

            (3)        In the case last hereinbefore provided for, no fresh declaration or other proceedings under sections 6 to 10, both inclusive, shall be necessary; but the Collector shall without delay furnish a copy of the order of the [112][112][Executive District Officer (Revenue) to the person interested, and shall thereafter proceed to make his award under section 11.

AMENDMENTS

West Pakistan: For ‘it’ substitute ‘he’.

Balochistan: Same as for West Pakistan.

Sindh: Same as for West Pakistan.

Karachi (Development) : After sub-section (1) of Section 49 of the said Act, the following shall be deemed to be inserted namely:

‘(la)      For the purposes of sub-section (1), land which is held with and attached to a house and is reasonably required for the enjoyment and use of the house shall be deemed to be part of the house’

Quetta (Development): Same as for Karachi Development.

Punjab (Thal Development): Same as for Karachi (Development).

Town Improvement: After sub-section (1) the following shall be deemed to be inserted, namely :

‘Explanation: For the purpose of this sub-section land which is held with and attached to a house and is reasonably required for the enjoyment and use of the house shall be deemed to be part of the house.’

West Pakistan (Soil Reclamation): Same as for Karachi (Development).

50.       Acquisition of land at cost of a local authority or Company.— (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.

      [113][113][(1-A)            Any charges to be defrayed from the funds of a local authority or a Company under sub-section (1), may be recovered, in addition to any other mode of recovery provided in any other law, as arrears of land revenue].

            (2)        In any proceeding held before a Collector or Court in such cases the local authority or Company concerned may appear and adduce evidence for the purpose of determining the amount of compensation:

            Provided that no such local authority or Company shall be entitled to demand a reference under section 18.

AMENDMENTS

West Pakistan: After sub-section (1), following new sub-section shall be inserted namely: -

(1-A)   Any charges to be defrayed from the funds of a local authority or a company under sub-section (1), may be recovered, in addition to any other mode of recovery provided in any other law, as arrears of land revenue.

West Pakistan: (Soil Development): In sub-section (2) the words ‘or the Punjab, Soil Reclamation Board’ shall be deemed to have been inserted between the words ‘concerned’ and ‘may’ and the proviso to the sub-section shall be deemed to have been deleted.

Punjab (Thal Development): In sub-section (2) the words ‘or the Thal Development Authority’ shall be deemed to be added between the words ‘concerned’ any ‘may’ and the proviso to this sub-section shall be deemed to be deleted.

51.       Exemption from stamp duty and fees.— 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.

Court Decisions

Payment of court fee :- Interest under S.28 of Land Acquisition Act, 1894, was like the interest payable under-34 of Land Acquisition Act, 1894, and the same was not a part of compensation for the acquisition of the land in the sense that it was a quid pro quo for the value of the land taken---No court fee was payable under S.51 of Land Acquisition Act, 1894, on the interest payable on enhanced compensation award, in circumstances. 2000 Y L R 1123  AIR 1972 Mad. 158 ref.

52.       Notice in case of suits for anything done in pursuance of Act.— No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.

53.       Code of Civil Procedure to apply to proceedings before Court.— Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the [114][114]Code of Civil Procedure shall apply to all proceedings before the Court under this Act.

Court Decisions

An application requiring reference of a disputed award in terms of Section 18, Land Acquisition Act, has to be made in writing "to the Collector". Pursuant to Section 53 of said Act, unless otherwise provided in the Act, "provisions of Code of Civil Procedure shall apply to all proceedings before Court under this Act". There can be no dispute as to applicability of Code in proceedings "before the Court", the only question is whether procedure in Code would be invocable also in relation to applications under Section 18 made "to the Collector". Crucial word in Section 53 of Land Acquisition Act is "before" and that, inter alia, signifies "in front of some one" or "for attention of someone". It matters little as to whom application under Section 18 of Act »s to be addressed. That is to be referred to and placed "before the Court" and for such reason alone provisions of Code of Civil Procedure are, mutatis mutandis^ to apply to application. On this plane of reasoning, not only application to Collector, by necessary implication can be made for and on behalf of all affectees, but provisions of Order I, Rule 8, C.P.C. can expressly be invoked. Benefit of a revision in compensation at appellate stage, on a parity of reasoning emerging from Order XLI, Rule 33, C.P.C. can be extended to non-appealing landowners as well. On this score alone a common enhancement of compensation by Court, in contemplation of Land Acquisition Act, should have enured to benefit of all affectees.  P.L.J.1999 SC 747 = 1998 SCMR 2197 = NLR 1998 Rev. 143.

[115][115][54.          Appeals in proceedings before Court.— Subject to the provisions of the Code of Civil Procedure 1908, applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings 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 [116][116][the Supreme Court] subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in order XLV thereof].

AMENDMENTS

Punjab (Thal Development): The section is deemed to be deleted.

West Pakistan (Soil Reclamation): Same as for Punjab (Thal Development).

Karachi Development: In case a Tribunal is constituted under Article 69 of K.D.A. Order :

(i)         the Tribunal shall (except for the purposes of Section 54 of the Act) be deemed to be the Court, and the President of the Tribunal shall be deemed to be the Judge thereof ;

(ii)        the President of the Tribunal shall have the power to summon and enforce the attendance of witnesses, and to compel the production of documents by the same means, and (so far as may be) in the same Civil Court under the Code of Civil Procedure, 1903 (Act V of 1908), when trying a civil suit; and

(iii)       the award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894 (I of 1894) and shall be final.

Court Decisions

Mode of filing appeal. Land Acquisition Act, 1894 being complete code as regards acquisition of land making of reference under Section 18 thereof in case there was dispute about adequacy of compensation to be .awarded for acquired land to owners thereof and decision/Judgement passed by courts on. such reference. Section 54, Land Acquisition Act, 1894 is also a complete code as regards remedies of aggrieved person against such Judgments passed by Courts; it also provides that appeal would be to S.C. against Judgment of High Court passed in those proceedings with reference to S. 110 C.P.C.. Where no appeal was filed as provided in S, 54, Land Acquisition Act, 1894, legal consequence to follow would be that Judgment and decree would become final as regards, that Act and would be enforced and given effect. Perusal of S. 54, Land Acquisition Act, would however, indicate that Section 110 CPC would not override or control substantive provision of Section 54 Land Acquisition Act, 1894 as regards remedy of appeal itself but only provides that procedure to be followed for filing appeal would be same as provided in Section 110 CPC which laid down certain matters as regards value of subject-matter etc Section 110 C.P.C. has been legislated by way of reference in Section 54, Land Acquisition Act, 1894, therefore same would be deemed to have been incorporated in Section 54 of the Act as it was part of C.P.C, on date of its incorporation and would continue to be part of Section 54 thereof, till the section itself was amended and reference to S. 110 C.P.C. was omitted. Mere omission of Section 110 from C.P.C. would not automatically operate as its omission from Section 54, Land Acquisition Act, 1894. P.L.J.1999 SC 1068 = 1999 SCMR 319 = NLR 1999 Rev. 90.

Right of appeal. Section 59 lays down that for the purpose of acquiring land under Land Acquisition Act, 1894, .for Trust, Tribunal shall (except for the purpose of section 54 of the said Act) be deemed to be the Court, and the President of the Tribunal shall be deemed to be the Judge under the said Act. Section 54 of Act lays down that subject to provisions of Civil Procedure Code, 1908, applicable to appeals from original decrees, and notwithstanding anything to the contrary for the time being in force, an appeal shall only lie in any proceedings under this Act to High Court from the award or from any part of the award and from any decree of the High Court passed on such appeal as aforesaid, an appeal shall lie to the S.C. subject to the provisions contained in section 110 of the Code of Civil Procedure and Order XLV thereof. Award given by the Tribunal Is to be deemed to be given by the Court under the Land Acquisition Act, 1894 and the same is amenable to appeal under Section 64 of the said Act. Leave to appeal refused.  P.L.J.1998 SC 588 = 1998 SCMR 167 = NLR 1-998 Rev. 132.

Time-barred appeal. There is no period provided for filing of appeal u/S. 54 of Act. However, under Art. 156 of Limitation Act period of 90 days has been provided' for appeal to High Court, under C.P.C. 1908 except for cases covered by Articles 151 and 153 of Limitation Act. Period has to run from date of decree. Since appeal was filed beyond 90 days, therefore, petitioner also moved C.M. for condonation of delay on sole ground of lengthy correspondence for seeking sanction from Provincial Govt.. Sanction was granted by Provincial Govt. much earlier than filing of instant appeal and within stipulated period fixed for appeal. Appeal was filed beyond period of limitation and no cogent reasons have been given for condonation of delay. PLJ 1998 Pesh. 9 = PLD 1998 Pesh. 21 = NLR 1998 Rev. 42.

Acquisition Judge's failure to give relief to appellants as per their claim. Appellant's' claim that relief having not been provided to them, Acquisition Judge's decision was without Jurisdiction. Validity, Acquisition Judge being Court of reference had full authority to answer reference on basis of evidence brought before him, thus, order passed by. such Court was neither coram non-judice nor suffered from any defect of inherent Jurisdiction, therefore, appeal against such order should have been filed within limitation. Ground for condonation of delay in filing time-barred appeal was that papers for filing appeal had been handed over to counsel who fell ill and they had come to know that counsel had not filed appeal till time for filing appeal had expired by 63 days. Excuse weak and frivolous even name of counsel was not given so that it could have been verified from him. Condonation refused. P.L.J.1998 Pesh. 88.

After decision of appeal by High Court, a miscellaneous application moved by land owners on 2.11.1988 for payment of interest and compensation of land measuring 1 kanal.2 marlas was entertained by learned Senior Civil Judge. In application it was alleged that in earlier round of litigation land owners were awarded compensation of 48 kanals instead of 49 kanals 7 marlas and as such, they were entitled to additional compensation for 1 kanal 1 marlas of land and that appellants were. also entitled to receive compound interest at rate of 8% from date of possession of land till payment of compensation. Nothing remained pending with Senior Civil Judge who had became functus offtcio. Miscellaneous application which he entertained was not filed under any provision of law and none has been pointed out to High Court by learned counsel for appellants who was asked to explain as to how could Civil Court assume Jurisdiction, once matter stood finally decided. Further more, decree of trial Court had merged into decree of appellate Court and as such there was no Jurisdiction vested in Civil Court to interfere with same. Application before senior Civil Judge was wholly incompetent and order passed was totally without Jurisdiction. In view of what has been said above, R.F.A. 8/96 is dismissed while R.F.A. No. 84/97 is allowed with costs. If land owners have received any amount under impugned order, same shall be refunded within a period of one month.   P.L.J.1999 Lah. 756.

Appeal against enhancement of compensation for acquired land dismissed by High Court. Mode of remedy. Remedy for petitioners in such case was to file appeal under S. 54, Land Acquisition Act, 1894 and not by way of filing petition under Art. 185 of the constitution. Constitutional petitions filed by petitioners against Judgment, of High Court were converted into appeals, in terms of Section 54, Land Acquisition Act, 1894. Such appeals, (as converted) were however barred by time by 29 days. No application for condonation of delay having been filed even affcer objection of maintainability of Civil Petitions in terms of Art. 185 of the Constitution, there was no reason to condone delay as respondents had acquired valuable right arising for impugned Judgments and decrees which provided compensation for land acquired from them. Appeals' were thus, dismissed as time barred. P.L.J.1999 SC 1068 = 1999 SCMR 319 = MR 1999 Rev. 90.

Relevant date for assessment. Relevant date for purpose of assessment of compensation was that of notification under S. 4, Land Acquisition Act, 1894 and not declaration under S. 6 of the Act. Referee Judge erred in taking market value on date of declaration under S. 6 of the Act. Such finding of Referee Judge was contrary to statutory provision. Slump in prices subsequent to one year average at the date of notification under S. 4, Land Acquisition Act» 1894, would be relevant factor in determining its potentiality but not for purpose of laying foundation in determination market value of land. No good reason had been advanced by Referee Judge for discarding market value of land on date of notification under S. 4, Land Acquisition Act, 1894. One year average, preceding date of notification under S. 4 of the Act should be taken to be market price of land for determining compensation.  P.L.J.1998 Pesh. 81.

Compulsory acquisition charges. Rate of. Whether WAPDA is a company, and at what rate, it should pay compulsory acquisition charges. Question of. WAPDA was a "Company" under Section 3for purpose of Land Acquisition Act, therefore, liable to pay higher rate of acquisition charges i.e. 25%.  P.L.J.2001 SC 1162 = 2001 SCMR 974.

Amount of compulsory acquisition charges. Referee Judge enhancing such charges from 15 per cent. awarded by Collector to 25 per cent. for the reason that Authority (WAPDA) for whom land had been acquired was "Company" with meaning of S, -3(2), Land Acquisition Act, 1894. Status. Authority (WAPDA) for whom land had been acquired being body incorporated by Act of Parliament was entitled to acquire and hold property, to have perpetual succession and common seal, was "Company^ within meaning of S. 3(2) of the Act. Land acquired for Authority (WAPDA) would be deemed to be acquisition for public purpose* within meaning of S. 13(3), Land Acquisition Act, 1894. Authority (WAPDA) though a "Company" but since land in question, had been acquired for public purpose, land owners were entitled to 15 per cent. compulsory charges under S. 13(2), Land Acquisition Act, 1894 instead of 25 per cent. Finding of Referee Judge was modified accordingly.   P.L.J.1998 Pesh. 81.

            Assessment of price. Land was acquired for benefit of company and for commercial purpose so fiat adjusted rate fixed by referee court is satisfactory. Appellants are however, entitled to receive 25% compulsory acquisition charges under section 23 (2) of the Act instead of 15% compulsory Acquisition charges as allowed by Respondent and Referee CourtP.L.J.1996 Pesh. 196 = 1996 CLC 1640.

Claim for enhancement of compensation. Collector besides considering location and potentional value of land, has also calculated average price of lands pertaining to previous three years in area, where lands of appellants are situated in terms of Section 23(1) (2) of Land Acquisition Act, 1894 and then concluded that appellants are entitled for compensation at rate of Rs. 75/- P.S.F. in addition to 15% compulsory charges, as admissible under subsection (2) of Section 23 of Land Acquisition Act. Unfortunately except producing two reports and one agreement no other documentary or convincing oral evidence was produced by appellants to make out case for adequate increase in compensation amount. No exception can be taken against findings recorded by District Judge in impugned order. Appeal dismissed.    P.L.J.1998 Qta. 171 =  1998 CLC 1865 = NLR 1998 Rev. 95.

High Court while determining amount of compensation had referred to documentary evidence in general and specified award in particular with regard to another piece of land in the same village which was made the basis of enhancement of compensation. No legitimate exception could, thus, he taken to the order of High Court to affirm the finding of Referee Judge. Referee Judge was absolutely Justified to have relied upon specified Award for enhancement of amount of compensation. Appeal having no merit was dismissed in circumstances.  P.L.J.2001 SC 293 = PLD 2001 SC 375.

Applicability of S. 5, Limitation Act, 1908 to proceedings under Land Acquisition Act, 1894. S. 3, Limitation Act, 1908 would bar remedy in different cases when relief was sought after specified time for bringing about claim. Section 5, Limitation Act, 1908 was exception to such bar and provided for admission of claim even after expiry of period of limitation provided the appellant or applicant satisfied Court that he had sufficient cause for not preferring appeal or making application within such period. P.L.J.1998 Pesh. 88.

Government's petition for leave to appeal against Judgment of High Court was objected to by respondents on the ground that under Section 54, Land Acquisition Act, 1894, direct appeal lies to S.C. and even if present petitions were treated as appeals the same would be out of time in that, period of limitation prescribed for direct appeal was 30 days and 60 days for filing of petition for leave. Respondent's objection being valid; petitions for leave to appeal were liable to be dismissed on that short ground alone.  P.L.J.2000 SC 1657 = 2000 SCMR 870.

55.       power to make rules.— (1) The [117][117][Provincial Government] shall [118][118][* * *] have power to make rules consistent with this Act for the guidance of officers in all matters connected with its enforcement, and may from time to time alter and add to the rules so made.

            [119][119][* * * * * * *  * * * * *]

            (2)        The power to make, alter and add to rules under sub-section (1) shall be subject to the condition of the rules being made, altered or added to after previous publication.

            (3)        All such rules, alterations and additions shall [120][120][* * *] be published in the Official Gazette, and shall thereupon have the force of law.



[1][1]For statement of objects and reasons, see Gazette of India, 1892, Pt. V, p. 32; for Report of the Select Committee, see ibid., 1894, Pt. V, p. 23 and for Proceedings in Council, see ibid., 1892, Pt. VI, section 25, and ibid., 1894, pp. 19, 24 to 42.

    This Act had been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913).

    It had been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.

    It had been extended to Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, 1951, see N.W.F.P., Gazette, Extraordinary, dated 1-6-51.

    For local modifications see the Town Improvement Act, 1922 (Punjab Act IV of 1922), section 59 and schedule, and the Thal Development Act, 1949 (Punjab Act XV of 1949), section 35 and schedule, and the Karachi Development Order, 1957 (P.O. 5 of 1957).

[2][2]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance XXI of 1960), section 3 and 2nd schedule, with effect from the 14th October, 1955.

[3][3]Substituted for the words “Deputy Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[4][4]Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3(3) and schedule III as amended by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (XXXI of 1961), for “Provincial Government”.

[5][5]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[6][6]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[7][7]Substituted for the words “Indian Companies Act, 1882” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[8][8]Inserted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule (w.e.f. 23rd March, 1956).

[9][9]The original words “of the G.G. in C”, were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 and then amended by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, to read as above.

[10][10]Inserted by section 2 of the Land Acquisition (Amendment) Act, 1919 (XVII of 1919).

[11][11]II of 1912.

[12][12]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[13][13]XIV of 1882, subsequently replaced by the Code of Civil Procedure, 1908 (V of 1908).

[14][14]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 4 (a).

[15][15]Substituted ibid., section 4 (b) for “Commissioner or the Board of Revenue” which were previously substituted, for “such Government”, by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).

[16][16]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[17][17]Substituted ibid., section 5.

[18][18]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[19][19]Sub-heading and Section 5-A were inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). Section 5-A was, however, substituted later by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 6.

[20][20]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[21][21]Ibid.

[22][22]Ibid.

[23][23]Substituted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 4, for “whenever it appears to the Local Government”.

[24][24]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[25][25]Ibid.

[26][26]Substituted for the word “its” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).

[27][27]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[28][28]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 7.

[29][29]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[30][30]Ibid.

[31][31]XIV of 1866, subsequently replaced by the Post Office Act, 1898 (VII of 1898).

[32][32]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 8.

[33][33]XLV of 1860.

[34][34]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 9.

[35][35]Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923)

[36][36]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 10.

[37][37]Now the Code of Civil Procedure, 1908 (V of 1908).

[38][38]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 11.

[39][39]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “vest absolutely in the Government”.

[40][40]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “Crown”, w.e.f. 23rd March, 1956.

[41][41]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 12.

[42][42]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[43][43]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan..

[44][44]Ibid.

[45][45]Ibid.

[46][46]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[47][47]Ibid.

[48][48]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[49][49]Ibid.

[50][50]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 15.

[51][51]Substituted, by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for “declaration relating thereto under section 6”.

[52][52]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[53][53]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[54][54]Substituted by the Land Acquisition (Amendment) Act, 1923 ( XXXVIII of 1923), section 8., for “declaration under section 6”.

[55][55]The words, “or be less than the amount awarded by the Collector under section 11” omitted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 17.

[56][56]Section 26 was re-numbered as sub-section (1) of that section by section 2 of the Land Acquisition (Amendment) Act, 1921 (19 of 1921).

[57][57]Added ibid.

[58][58]V of 1908.

[59][59]Substituted by the Land Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969), section 2 (a), for “interest on excess at the rate of six per centum”.

[60][60]Added ibid.

[61][61]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[62][62]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[63][63]Substituted by the Land Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969), section 2 (d) for “interest thereon at the rate of six per centum”.

[64][64]The full stop at the end of section 34 replaced by the colon ibid., section 2 (d).

[65][65]Added ibid.

[66][66]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[67][67]Ibid.

[68][68]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 19 (a).

[69][69]Inserted ibid, section 19(b).

[70][70]Sub-section (3) was re-numbered as sub-section (4) ibid.

[71][71]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[72][72]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[73][73]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[74][74]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), for “Section 5”.

[75][75]Inserted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933).

[76][76]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[77][77]Ibid.

[78][78]Ibid.

[79][79]Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).

[80][80]Substituted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), section 3, for the original Clauses (a) and (b).

[81][81]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1965 (I of 1965).

[82][82]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), for the full-stop.

[83][83]Added ibid.

[84][84]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[85][85]XIV of 1882, subsequently replaced by the Code of Civil Procedure, 1908.

[86][86]The words, “such officer shall report to the Local Government the result of enquiry and”, repealed by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 10.

[87][87]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[88][88]Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).

[89][89]Substituted by Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969) section 22 (a) for “the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities directly connected therewith or that the proposed acquisition is needed for the construction of a work, and that such work is likely to prove useful to the public”.

[90][90]Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “it”.

[91][91]The words “subject to such rules as the G.G. in C. may from time to time prescribe in this behalf”, repealed by the Devolution Act 1920 (XXXVIII of 1920), section 2 and Schedule I.

[92][92]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “with the Secretary of State for India in Council”.

[93][93]Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), Schedule III, for “Provincial Government” which had been substituted, for “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[94][94]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 for “payment to Government”.

[95][95]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[96][96]Substituted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), section 4, for the original clauses (4) and (5), Clause (5) was, later, substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[97][97]The words “in the Gazette of India And also” repealed by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[98][98]Substituted, ibid., for “local official Gazette”.

[99][99]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 23, for “and shall thereupon (so far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this Act”.

[100][100]X of 1870, repealed by this Act.

[101][101]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “under any agreement between such company and the Secretary of State for India in Council, the govt. is, or was, bound to provide land”.

[102][102]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.4 of 1949), Schedule, for “or any Government in British India”.

[103][103]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).

[104][104]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[105][105]XIV of 1866, subsequently replaced by the Post Office Act, 1898 (VI of 1898).

[106][106]The words and brackets, “or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.4 of 1949).

[107][107]The words and brackets, “as Commissioner (as the case may be)”, omitted ibid.

[108][108]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[109][109]Ibid.

[110][110]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[111][111]Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “it”.

[112][112]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[113][113]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

[114][114]XIV of 1882, subsequently replaced by the Code of Civil Procedure, 1908.

[115][115]Substituted by the Land Acquisition (Amendment), Act 1921 (X of 1921), section 3.

[116][116]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “His Majesty in Council”.

[117][117]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[118][118]The words “subject to the control of the G.G. in C”, which had been inserted by the Decentralization Act, 1914 (IV of 1914), were repealed by section 2 and Schedule I of the Devolution Act, 1920 (XXXVIII of 1920).

[119][119]The proviso which had been added by section 2 and Schedule I of the Devolution Act, 1920 (XXXVIII of 1920), was repealed by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[120][120]The words “when sanctioned by the G.G. in C” were repealed by the Decentralization Act, 1914 (IV of 1914), section 2 and Schedule, Part I.

Go to Index | LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home