This document provides an overview of Pakistan's Land Acquisition Act of 1894. Some key points: - The act allows the government to acquire private land for public purposes like infrastructure projects, and provides compensation to landowners. - There is a process for notifying landowners, surveying the land, determining compensation, allowing objections, and appeals. Compensation is based on market value and includes damages. - Temporary occupation of land for up to 3 years is also allowed. Companies can acquire land for projects after agreements with the government. - Objections can be referred to civil courts, which will determine the appropriate area and compensation. The act aims to balance land acquisition needs with protecting landowner rights and

1. 1

3.  Chapter -1 Fundamental Rights, Article 8 to
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 Art. 8. Laws inconsistent with or in derogation of
fundamental rights, to be void.
 Art. 9. Security of person.
 Art. 10.A Right to fair trail
 Art. 15 to 20, Freedom of movement, trade &
business, speech, religion etc.
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4. 1. No person shall be deprived of his property save
in accordance with law.
2. No property shall be compulsorily acquired or
taken possession of save for public purpose, and
save by the authority of law which provides for
compensation therefore and either fixes the
amount of compensation or specifies the
principles on and the manner in which
compensation is to be determined and given.
Art 24 of the Constitution of Islamic Republic of
Pakistan.
4

5.  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.
5

6.  Confiscatory and
 Coercive
so courts are required to strictly construe
provisions of Act to jealously ensure:
 Protection
 Preservation and
 Maintenance of rights/ interests of citizens
 (2002 CLC 985)
6

7.  Land:
 benefits arising from land
 things attached directly to land or permanently fastened to earth.
 Person interested:
 Claiming interest in compensation
 Easement
 Court
 Principal civil court of original jurisdiction or special court; if
civil judge then up to pecuniary jurisdiction
(Sec.3)
 District Judge – principal Civil court of original jurisdiction
(S 7, Civil Courts Order; 1962.
 Civil Courts: Court of ultimate jurisdiction, 1974 SCMR
356
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8.  Whenever it appears to the provincial Govt. that land is
needed for public purpose
 Notification shall published in official Gazette; Collector
shall issue public notice
 Then government can cause:
 Survey
 Dig or bore or
 do other act for ascertaining suitability of land
 Set out boundaries
 Mark levels
 If required, to cut crop, jungle etc
 For enclosed area or dwelling house, 7 days notice to occupoer
 (Sec. 4 )
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9.  Payment for damages to be made; if dispute arises then
to be referred to collector or other chief revenue
officer, and his decision shall be final.
(Sec. 5)
 Interested person may object after notification u/s 4
within 30 days; about land needed, likely to be needed
or in locality
 After hearing and inquiry, case to be submitted to
commissioner/ provincial government for decision,
alongwith the record and decision of the provincial
Govt. shall be final
(Sec. 5-A)
9

10.  After report is found satisfactory declaration to be made; provided
compensation is paid
 Be published in gazette
 mentioning district or other territorial division,
 Purpose for which land needed to be acquired
 Approximate area and plan
 Declaration shall be conclusive evidence that land is needed for
public purpose.
(Sec. 6)
 Provincial Government or officer authorized direct collector to take
order for acquisition
(Sec. 7)
 Land to be marked out, measured and planned, if not already done
(Sec. 8)
10

11.  Collector to cause public notice (providing at
least 15 days), interested persons to appear; to
make claim
About measurement and compensation
(Sec. 9)
 Statement about names and extent of interest
of co-proprietor, mortgagee etc.
(Sec. 10)
11

12.  Collector – to inquire about objections made u/s 8
about
 Area (measurements)
 Compensation, and
 Apportionment
 Shall make an “award”
(Sec. 11)
 No acquisition through private negotiation,
except with written request of head of department
concerned
(Sec. 11-A)
12

13.  Section 11-B: process of acquisition to be
completed within 6 months from the date of
notification u/s 4
 Delay to be justified by Collector, otherwise
may be personally responsible and liable as per
E&D proceedings
13

14.  Award shall be filed in collector’s office and shall be final
regarding
 Value of land
 Apportionment of compensation
 Collector to give immediate notice of his award to interested
persons
(Sec. 12(2))
 Clerical or arithmetical mistake can any time be corrected
(Sec.12-A )
 Collector may, from time to time, adjourn enquiry, (Sec. 13)
 For purpose of enquiries under this Act Collector shall have
power to summon and enforce attendance of witnesses as per
CPC (Sec.14)
14

15.  In determining amount of compensation Collector
shall be guided by provisions contained in sections
23 and 24
(Sec.15)
 Collector to take possession after award u/s 11,
and shall vest absolutely in Government, (Sec.
16)
 Upon payment or tender of compensation,
collector, make over the charge of land to the
Board of Revenue. (Sec. 16-A)
15

16.  Collector, on direction of Commissioner,
though no such award has been made, may on
expiration of fifteen days from publication of
notice u/s 9, take possession of land needed
for public purposes or for Company
 Direction of Commissioner is subject to
deposition of estimated cost as determined by
Collector, keeping in view the provisions of
sections 23 and 24 (Sec. 17)
16

17.  (2) change in water channel/ river causing
hindrance in rail/ road traffic; or maintenance
of ghat station is required; possession to be
taken by collector with permission of
competent authority
 Provided building or part to be taken with at
least forty-eight hours’ or longer notice to
occupier
(Sec.17)
17

18.  (3) at time of possession compensation for
standing crops, trees or other damage be give; if
not accepted then be added in total compensation
 (4) procedure be abridged in urgency and
declaration may be made under section 6 in
respect of land at any time after publication of
notification under section 4
(Sec. 17)
 Upon payment of cost of acquisition land to be
transferred to authority, subject to further cost or
compensation incurred on account of such
acquisition (Sec. 17-A )
18

19.  Interested person by application to collector; refer
matter to court/ referee, when objection is regarding
 Measurement
 Amount of compensation
 Person to whom it is payable
 Apportionment
 Limitation
 6 weeks from date of award, if present personally or
through representative before the collector
 6 weeks of receipt of notice from collector u/s 12 (2) or 6
months from award, whichever period shall first expired.
 6 months for provincial government if not accepted
(Sec. 18)
19

20.  Collector to provide all relevant information to
court
 Situation and extent of land
 Trees, building, crop
 Names of Relevant persons having interest
 Damages+ compensation awarded by collector u/s 5
and 17
 Grounds of determination of compensation
 Schedule of Notices + statements of persons
(Sec. 19)
20

21.  Court to notice concerned
 To applicant
 All person interested in objection
 Notice to Collector if;
 Area of land is objected
 Amount of compensation questioned
(Sec. 20)
 Cross objection by Board or any person to whom
notice is issued u/s 20, clause b or c, may support the
award also take cross objection, within one month (1
month) from the date of service of notice (Sec. 20 (2))
21

22.  scope of inquiry in every such proceeding
shall be restricted to consideration of interests
of persons affected by objection
(Sec. 21)
 Proceedings to be in open court
(Sec. 22)
 Cross-objection: collector’s compensation can
be reduced
(Sec. 22-A)
22

23.  Market value at time of Sec- 4 (the value of property can
fetch in the market)
 Damage-tree, crop
 Damage- severance of land
 Damages- affecting other property of person
 Change of residence or place of business
 Diminution of profit, in period between sec- 6 and
possession (Sec. 23)
 In addition to market value of land, court shall award
15% as compulsory nature of the acquisition on such
market value (23(2))
23

24.  Market value determination
1. Nature of land- chahi, barani, banjar
- One year average 2003 Peshawar law report (Peshawar)
1571
- Sale price is one of the factor 2000 PSC SC (AJK) 753
2. Potential value
3. Inflationary trends (1993 CL 179)
4. Extent of land – large or small
5. Compensation factors consideration (1985 PSC SC (PAK)
1427)
6. Sale price of adjoining land (2000 PSC SC (AJK) 771
7. CLC 2009 Peshawar 338
24

25.  Degree of urgency
 Disinclination to part with land
 Minor damage not suiable
 Relevant damage matching with use for
acquisition
 Increase in value due to acquisition
 Increase in value of other property
 Improvement after Sec-4
(Sec. 24)
25

26.  Shall not exceed claimed or less than awarded by
collector (Sec. 25), 1985 SCMR 45.
 Court award shall be in form of judgment and
deemed to be a decree. (Sec. 26)
 Costs (Sec. 27)
1. Award shall state amount of costs and person(s)
to pay the same.
2. when award of collector is not upheld, costs
shall ordinarily be paid by collector, or by
applicant as the case may be.
 Excess amount to be directed to be paid 6% per
annum interest (Sec. 28)
26

27.  If reference is regarding apportionment, and
if they agree on apportionment, same shall be
specified in the award.
 Conclusive evidence (Sec. 29)
 Dispute to apportionment
 Collector refer dispute to court (S. 30)
27

28. PAYMENT to be made by collector
 To entitled person to if no dispute.
 If dispute as to entitled persons or apportionment or
other, amount to be deposited in court u/s 18
 amount may be received under protest as to its
sufficiency
 Collector may compensate interested person by grant
of other land, remission of revenue of other land or
other arrangement deemed equitable.
(S. 31)
28

29.  If owner of land had no power to alianate, like
minors, insane etc. court shall direct:
 Money to be invested in purchase of land; or
 Government securities;
Unless purchase is possible or person becomes capable (of
alienation)
(Sec- 32)
 All other money to be deposited in government securities or
approved securities, when required to be deposited in court
National Savings etc. (Sec- 33)
 If amount not paid before or on taking possession
then with 6 % interest per annum
(S. 34)
29

30.  Waste or arable land can be occupied for up to 3
years, per direction of commissioner to collector
 Notice by collector; of the purpose for which land
is needed on such terms as deemed fit. then
survey can be conducted
 Interested persons be noticed and compensated in
lump sum or installments
 If amount or apportionment of compensation
disputed then Collector to refer case to Court
(Sec. 35)
30

31. 1. U/s 18 (AgainstAward of Collector)
2. u/s 30 (Apportionment)
3. U/s 35 (Temporary Occupation)
4. U/s 37 (Condition of Land)
5. U/s 49 (Acquisition of part of house/
building)
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32.  On payment of compensation collector to take
possession
 Compensation for damages to be given
 During temporary use if land got unusable then if
owner required the Provincial Government to
proceed under this Act to permanently acquire it
(S. 36)
 If collector and person disagree as to condition of
land at end of term or about agreement then to be
referred to Court
 (Sec. 37)
32

33.  Commissioner may authorize company to
enter and survey etc as per sub-Section 2 of
Section 4
(S. 38)
 Industrial concern implying not less than 100
person deemed to be considered as company
(S. 38-A)
33

34.  For companies prior consent of commissioner/
District Executive Officer (Revenue)
provincial government is required (Sec. 39)
 Consent to be given after inquiry by collector,
regarding public interest for erection of
dwelling houses for workmetd employed by
the company. (Sec. 40)
34

35.  Company to enter into agreement with provincial
government about payment etc
 Payment of cost if acquisition
 Transfer of land
 Terms of holding land
 Time and condition on which erection of dwelling
houses to be made or other purpose. (Sec. 41)
 Agreement to be published in official gazette
(Sec. 42)
 Railway and other government entities are
exempted with whom there is agreement to
provide land (Sec. 43)
35

36.  Company shall not transfer land in any manner except
with previous sanction of the provincial govt.
(Sec. 43-A)
 In case of railway agreement to be proved by
producing printed copy, printed by order of
government
(Sec. 44)
 Service of notice as per CPC, signed by collector or
Judge.
(Sec. 45)
Service shall, if practicable, be personal or any adult male
member of his family or by affixation or by post.
36

37.  Willful abstention or destroy any marks etc.
 Magistrate may convict for one month or Rs.
50 fine or both or fine equal to actual damage
(Sec. 46)
 If collector is opposed to take possession, he
shall apply to a Magistrate and such
Magistrate shall enforce the surrender of land
to collector. (Sec. 47)
37

38.  Govt. at liberty to withdraw from acquisition
if possession not taken
 If acquisition withdrawn then compensation
for damage to be made.
(Sec. 48)
 Compensation for damage if not acquired with
in one year from section 6
(Sec. 48-A)
Different time period prescribed for Punjab-
Sindh and Quetta.
38

39.  Owner may desire that instead of part his
whole house be acquire or he can later on
withdraw
 Question whether land is part of House to be
determined by the court
 Court to determine whether taking of land will
not impair use of house
(Sec- 49)
39

40.  All costs to be paid by company
(Se. 50)
 No stamp or fee is required on award or agreement.
(Sec. 51)
 For suit a month notice is required
(Sec. 52)
 CPC applicable in court
(Sec.53)
 Appeal to High Court then to Supreme Court (Sec. 54)
 2003 PLR (Pesh) 1735, Land acquired surrounded by new bus stand-
other constructed area compensation enhanced.
 CLC 2009 (Pesh) 79 (Enhancement by referee court found perfectly
sound-appeal dismissed)
 CLC 2009 (Pesh) 3381
 Rules to be framed by provincial government (Sec. 55)
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41. THANKS
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