Updated: Saturday June 01, 2013/AsSabt
Rajab 23, 1434/Sanivara
Jyaistha 11, 1935, at 03:42:40 PM
The Land Control (
PREAMBLE. Preamble
1. Short title extent
and commencement
2. Definition
3. Declaration of
controlled area
4. Plans of
controlled area to be deposited at certain offices
5. Restriction on
building etc., in a controlled area
6. Application for
permission to build etc., and the grant or refusal of such permission
7. Power of removal
of un authorized building
8. Power of removal
of building under construction
9. Eviction of occupier
10. Removal of
building
11. Eviction of
persons in unauthorized or wrongful occupation or possession
12. Entry into
premises
13. Penalty
14. Power to try
summarily
15. Cognizance of
offence
16. Bar to
jurisdiction of Civil Courts
17. Appeal
18. Authorised Officer to be deemed a public servant
19. Indemnity
20. Power to make rules
21. Effect of other laws
22. Cost of removal to be recoverable as an arrear of land revenue
23. Penalty not to prejudice other action under this Act
24. Repeal
The Land Control (
ACT No. XI of 1952
(For Statement of Objects and Reasons, see Gaz. of P., Ext., 1952, pp. 280 and 281.)
[15th April, 1952]
An Act to make provision for the prevention of un-authorised occupation of
certain lands in the (Subs. by A. O., 1964, Art. 2 and Sch., for “Federal
Territory of Karachi” which had been subs. by the Repealing and Amending
Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for “Capital of the Federation”.)[
WHEREAS it is expedient to make provision for the prevention of the un-authorised
occupation of lands in the (Subs. by A. O., 1964, Art. 2 and Sch., for “Federal
Territory of Karachi” which had been subs. by the Repealing and Amending
Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for “Capital of the Federation”.)[Karachi
Division] and of unauthorised building on the same, and for eviction from such
lands and buildings;
It is hereby enacted as follows:‑--
1. Short title extent and commencement‑---(1) This Act may be
called the Land Control (Subs. by A. O., 1964, Art. 2 and Sch., for “Federal
Territory of Karachi” which had been subs. by the Repealing and Amending
Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for “Capital of the Federation”.)[
(2) It extends to the (Subs. by A. O., 1964, Art. 2 and Sch., for “Federal
Territory of Karachi” which had been subs. by the Repealing and Amending
Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for “Capital of the Federation”.)[
(3) It shall come into force at once.
2. Definition.----In this Act, unless there is anything repugnant in the
subject or context,‑--
(Cl. (i) omitted by A. O., 1964, Art. 2 and Sch.)* * * * * * * * *
(ii) “Authorised Officer” means an officer in the service of the Government or
a local authority appointed by the (Subs. ibid., for “Administrator”.)[Commissioner],
by notification in the official Gazette, to exercise in any controlled area all
or any of the functions of an Authorised Officer under this Act;
(iii) “building” includes any structure of any kind temporary or permanent,
whether used or intended to be used for the purpose of human habitation or
otherwise;
[(iiia) “Commissioner” means the Commissioner of the Karachi Division;]( Clause
(iiia) ins. by A.O., 1964, Art. 2 and Sch)
(iv) “controlled area” means an area declared to be a controlled area under
section 3 of the Act;
(v) “owner” in relation to a building includes the person at whose expense such
building is constructed and who has the right to transfer the same, and
includes his heirs, assigns and legal representatives;
(vi) “prescribed” means prescribed by rules made under this Act;
(vii) “unauthorised building” means a building declared by the Authorised
Officer or the (Subs. ibid., for “Administrator”. ,)[Commissioner] to be
unauthorised;
(viii) the expression “erect or re‑erect” in relation to any building
includes,---
(a) any material alteration or enlargement;
(b) the conversion by a structural alteration of a building not originally
constructed for human habitation into a place intended for human habitation;
(c) the conversion of one or more places of human habitation into a greater
number of such places;
(d) an alteration of the drainage or the sanitary system, or any alteration
materially affecting the building's safety;
(e) the addition of any rooms, buildings, outhouses or other structures; and
(f) the construction, in a wall adjoining any street or land not belonging to
the owner of the wall, of a door opening on to such street or land;
(ix) the word “removal” shall be construed, where necessary, as including
references to levelling or filling the ground in after removal;
(x) the expression “to serve notice” shall be construed, where necessary, as
including the serving of such a notice on a group of persons living in any
locality by publishing it in local newspapers.
3. Declaration of controlled area---(1) The (Subs. by A. O., 1964, Art.
2 and Sch., for “Central Government”.)[Provincial Government] may, by (For such
notifications, see Gaz. of P:, 1952, Pt. I, pp. 23, 47, 102,103, 165 and 166;
and ibid., 1954, Pt. I, p. 112.) notification in the official Gazette, declare
any area to be a controlled area for the purposes of this Act.
(2) In every such notification the boundaries and brief description of the area
and the name of the Authorised Officer appointed for the area shall be
specified.
(3) The Authorised Officer shall publish every such notification or the
substance thereof (a) in at least two local newspapers and (b) in such manner
as he thinks fit at his office and in every ward or revenue estate of which
part is included within the controlled area.
4. Plans of controlled area to be deposited at certain offices---‑(1)
The Authorised Officer shall deposit at his office and at such other places as
he considers necessary plans showing all lands declared to be controlled areas.
(2) The plans so deposited shall be open to free public inspection at all
reasonable times.
5. Restriction on building etc., in a controlled area.--Notwithstanding
anything to the contrary in any other law for the time being in force, or in
agreement, no person shall erect or re‑erect any building, or make or
extend any excavation, in a controlled area except with the previous permission
of the Authorised Officer in writing.
6. Application for permission to build etc., and the grant or refusal of
such permission---‑(1) Notwithstanding anything to the contrary in
any other law for the time being in force, or in any agreement, every person
requiring the permission referred to in section 5 shall make an application in
writing to the Authorised Officer on payment of such fee in such manner and
form and containing such information in respect of the building to which the
application relates as may be prescribed.
(2) On receipt of such application the Authorised Officer, after making such
enquiry as he considers necessary, shall, by order in writing, either,---
(a) grant the permission, subject to such conditions, if any, as may be
specified in the order; or
(b) refuse it.
(3) Any permission granted under sub‑section (2) shall be liable to
cancellation by the Authorised Officer for breach of any of the terms or
conditions under which such permission was granted.
7. Power of removal of un authorized building.---The Authorised Officer
may, by a notice served in the prescribed manner, direct the owner of an
unauthorised building erected prior to the date of coming into force of this
Act to remove the same within the period mentioned in the notice or within such
further period as may be granted by the Authorised Officer.
8. Power of removal of building under construction.--The Authorised
Officer may, by a notice served in the prescribed manner, direct the owner of a
building the construction whereof is in progress on the date of the
commencement of this Act not to proceed with the construction and to remove
such building within the period mentioned in the notice or within such further
period as may be granted by the Authorised Officer, and the owner thereof shall
remove the same within the period aforesaid.
9. Eviction of occupier---(1) Simultaneously with the issue of a notice
to be served on the owner of a building under section 7 or under section 8, the
Authorised Officer shall issue a notice to be served upon the occupier thereof,
if the occupier himself is not the owner, to vacate such building within the
period mentioned therein or within such further period as may be granted by the
Authorised Officer.
(2) If the occupier does not vacate the building within the aforesaid period in
compliance with a notice issued under subsection (1) he shall, notwithstanding
anything contained in any other law for the time being in force, be liable to
be summarily evicted therefrom by the Authorised Officer and the Authorised
Officer may, in effecting such eviction, use such force as he deems necessary.
10. Removal of building.----If any person fails to comply with any
direction for the removal of any building given to him under section 7 or
section 8 within the period fixed therefor, the Authorised Officer may cause
the unauthorised building or the building under construction, as the case may
be, to be removed at the owner's expense.
11. Eviction of persons in unauthorized or wrongful occupation or
possession----‑(1) The Authorised Officer may, by a notice served in
the prescribed manner, direct any person unauthorisedly occupying or wrongfully
in possession of any land or building in the controlled area to vacate such
land or building within the period mentioned therein or within such further
period as may be granted by the Authorised Officer.
(2) If the person does not, in pursuance of a notice issued under sub‑section
(1), vacate the land or building within the aforesaid period, he shall,
notwithstanding any provision to the contrary in any law for the time being in
force, be liable to be summarily evicted therefrom by the Authorised Officer,
and the Authorised Officer may, in effecting such eviction, use such force as
he deems necessary.
12. Entry into premises--‑(1) For carrying out the purposes of
this Act, Authorised Officer or any person empowered by him in writing in this
behalf may, after giving reasonable notice to the occupier of any premises, enter
upon such premises at any time.
(2) The owner of any building shall, on being required to do so by an
Authorised Officer or any person empowered by the Authorised Officer in writing
in this behalf, produce any permission granted under section 5 and any
documents of title relating to the land on which the building is in progress.
13. Penalty.---Whoever commits any offence by,---
(a) contravening the provision of section 5, or
(b) failing to comply with any direction given to him by an Authorised Officer
under section 7, section 8, or under sub‑section (1) of section 11,
shall be punishable with a fine which may extend to one thousand rupees or, in
default, with simple imprisonment which may extend to six months.
14. Power to try summarily.----Any magistrate for the time being
empowered to try in a summary way the offences specified in sub‑section
(1) of section 260 of the Code of Criminal Procedure, 1898, may if he thinks
fit, on application in this behalf by the prosecution, try any offence referred
to in (Subs. by the Land Control (Capital of the Federation) (Amdt.) Act, 1952
(34 of 1952), s. 2 , for “section 14”.)[section 13] of this Act in accordance
with the provision of sub‑section (1) of sections 262 to 265 of that
Code. V of 1898
15. Cognizance of offence.---No court shall take cognizance of any
offence punishable under this Act except with the previous sanction in writing
of the Administrator.
16. Bar to jurisdiction of Civil Courts.----Every order of an Authorised
Officer under section 5, 6, 7, 8, 9 or 11, shall, subject to the provision of
(Subs. by the Land Control (Capital of the Federation) (Amdt.) Act, 1952 (34 of
1952), s. 2, for “section 18”.) [section 17], be final, and shall not be called
in question in any
17. Appeal.--An appeal, if presented within fifteen days from the date
of the order appealed against, shall lie to the (Subs. A. O., 1964, Art 2 and
Sch., for “Administrator”.)[Commissioner] against every order made by an
Authorised Officer, under section 5, 6, 7, 8, 9 or 11 and the decision of the
(Subs. A. O., 1964, Art 2 and Sch., for “Administrator”.)[Commissioner] on such
appeal shall be final and shall not be called in question in any
18. Authorised Officer to be deemed a public servant.---An Authorised
Officer or any person empowered to perform any function under this Act shall be
deemed to be a public servant within the meaning of section 21 of the Pakistan
Penal Code.
19. Indemnity.----No suit, prosecution or legal proceeding shall lie
against the (Subs. A. O., 1964, Art 2 and Sch., for “Administrator”.)[Commissioner]
or against any person in respect of anything which is, in good faith, done or
intended to be done under this Act.
20. Power to make rules.----The (Subs. ibid., for “Central Government”.)[Provincial
Government] may make rules (For the Land Control (Capital of the Federation)
Rules, 1952, see Gaz. of P., 1953, Pt. I, p. 14.) for carrying out the purposes
of this Act.
21. Effect of other laws.----The provisions of this Act shall have
effect notwithstanding anything to the contrary in any other law for the time
being in force.
22. Cost of removal to be recoverable as an arrear of land revenue.---Where
under this Act anything is to be done at the expense of any person the expense
of doing the same shall be recoverable from him as an arrear of land revenue.
23. Penalty not to prejudice other action under this Act.---The
imposition of a penalty under (Subs. by Act 34 of 1952 s. 2, for “section 14”)[section
13] shall not prejudice or be prejudiced by the taking of any action under any
other provision of this Act.
24. Repeal.----The Land Control (Capital of the Federation) Ordinance,
1952, is hereby repealed, and every appointment, order and rule made or issued
thereunder and in force immediately before the commencement of this Act shall,
so far it is not inconsistent with the provisions of this Act, be deemed to
have been respectively made or issued under the provisions of this Act and
continue in force accordingly.
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