[“(28) [lf the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation. The first publication of a notice of any improvement scheme under section 36 of the Punjab Town Improvement Act, 1922, 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 Land Acquisition Act, 1894, except where a declaration under section 4 or section 6 of the said Act has previously been … lewis the land acquisition act 1894 was a law passed by the imperial legislative council that governed the process of land acquisition in india until 2013 and continues to do ... and continues to do so in pakistan and myanmar land acquistion act 1894 laws of land acquisition chap 5801 5 laws of trinidad and tobago lro 28 of 1994 commencement approximate area and situation, and where a plan has been made of the land, the The preliminary Notification for Acquisition of Land is published under Section 4(1) 4. 39 to 42 not to apply where Government bound by agreement to provide land for the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. (ii) in payment to any person or parsons becoming absolu¬tely entitled thereto. [Federal] government or any Provincial Government] Acquisition through private negotiation Publication (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 Land Acquisition Act is a law in India which allows the government to seize private property for public purposes. and the apportionment of the compensation among the persons interested. for and shall thereupon (so far as regards the terms on which the public shall 9. this section. Exemption from stamp-duty and fees. control of the G.G. of the land to be acquired if put to a different use shall only be taken into 51. (iv) no person entitled to act shall be competent XIV of 1882, subsequently The words subject to the person interested to part with the land acquired; thirdly, any damage sustained by him that, if the Collector or Judge shall so direct, a notice may be sent by post, be allowed for the land; and. Declaration (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 [Code of Civil Procedure]in the case of a Civil Court. 12. 39 to 42 not to apply where Government bound by agreement to provide land for Notification (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India be, for which the land is being acquired, has first deposited the estimated Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), Inserted by the Land Sub-section (3) was Industrial concern to be deemed company for certain purposes. Substituted for the words and that any waiver of the above right by the land owner shall be void and he shall whether the land proposed to be taken is reasonably required for the full and 24. the amount awarded by the Collector under section 11 omitted by the Land Penalty for obstructing acquisition of land. 33. Collector to take order for the acquisition of the land. In determining the amount of compensation the Collector shall be guided by the provisions contained in sections 23 and 24. Substituted by the Central Laws to the person interested, and shall thereafter proceed to make his award under Difference as to condition of land. or a Company for which land is being acquired, may lodge a cross objection to of Civil Procedure in the case of a Civil account transfer of land similarly situated and in similar use. Agreement respect whereof such money shall have been deposited or as near thereto as may necessary. The provisions of sections 6 to 37 (both inclusive) shall not brackets Executive District Officer (Revenue) by the Punjab Laws (Amendment) Legislation. 4. 7. PAYMENT. 7. (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. Acquisition (Amendment) Act, 1933 (XVI of 1933), section 4, for the original his recommendations on the objections. 5. [(4)] In case the Collector and the persons PART TV to make such claim, the amount awarded to him by the Court shall not be less the parties interested or any of them, and to compel the production of to enter and take possession, and compensation on restoration. 55. thirdly, the damage (if any) sustained by the person interest¬ed, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land: Matters to be considered and neglected. preceding section and it appears that the land in respect whereof the same was suit; fourthly, any damage which is likely Industrial concern to be deemed Company for certain purposes Award of Collector when to be [(2) Every such award shall be deemed to be a decree WHEREAS it is expedient to amend the Jaw for the acquisi¬tion of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; levels, boundaries and lines by placing marks and cutting trenches; and. such entry pay or tender payment for all necessary damage to be done as (2) Whenever, (2) Whenever it may be practicable, the service of the notice shall be made on the person therein named. acquisition of land. Whoever willfully obstructs any person in doing any PART—V * *] If the [Commissioner] as to duration prescribed in the Constitution. under section 4, sub-section (1)]. 38-A. (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 Acquisition of land at cost of 2 local authority or company. 8. [(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. Presumption in favour of entries in records-of-rights and periodical records.– 8. (4) Nothing in the last foregoing sub-section shall be con¬strued to interfere with, or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof. be entitled to use the work) have the same effect as if it had formed part of 36. said locality]. houses for workmen employed by the Company or for the provision of amenities therein from any accidental slip or omission may, at any time, be corrected by (1) The [Provincial Government] shall [* * *] have power to make rules consistent with this Act for the guidan¬ce of officers in all matters connected with its enforcement, and may from time to time alter and add to the rules so made. same effect on the occupier (if any) of such land and on all such persons known such land until after the question has been determined. 13. 40. 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 [ [and the Provincial Government, the Federal Government], a local authority, or a Company, as the case maybe], has stated pursuant to a notice given under section 9 to the measure¬ment made under section 8, and into the value of the land [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 comp¬ensation and shall make an award under has hand of— Enquiry and award by Collector. minors and the committees or managers of lunatics or idiots shall be deemed Cross objection. 11. the interest or other proceeds arising from such investment to the person or Power 1956). 29. Collector may, with the sanction of the [Commissioner] concern to be deemed Company for certain purposes. Appeals 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; may refer such dispute to the decision of the Court. Vijayee Kumar for … of the acts authorised by section 4 or section 8, or willfully fills up, In this Act, unless there is something repugnant in the subject or context,— Definitions. Where land is to be acquired for a public purpose, the [Commissioner], 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 issituate, 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 atconvenient places on or near the land to be acquired.] compensation furnishes to the satisfaction of the Collector a security for refund boundaries and lines marked, to cut down and clear away any part of any for and shall thereupon (so far as regards the terms on which the public shall may direct that the provisions of sections 5 and 5-A shall not apply, and, if 51. of amenities connected herewith, the time within which, the conditions on which before the Collector has made his award under section 11, by notice in writing XIV of 1882, subsequently 1937, for under any agreement between such company and the Secretary of State Rules (1) Service of any notice under the 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, 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 provid¬ing convenient connection with or access to any such station, or whenever owing to a similar emergency it becomes necessary for the Commissioner 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 Commissioner, enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances: boundaries of the land proposed to be taken and the intended line of the work Power to summon and enforce attendance of witnesses and production of documents. (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 8. received the amount otherwise than under protest shall be entitled to make any to enforce surrender. Added by Land Acquisition Hearing of objections. sub-section (2): Provided Pakistan. Uncommenced amendments . the provisions of sub-section (1) or sub-section (2) are applicable, the [Commissioner] [Commissioner]] of the cost of the acquisition; The provisions of as to condition of land. Cross objection. The Provincial Government, or a local authority compensation, the award of the Court may direct that the Collector shall pay [compound co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the (g) the following persons shall be deemed persons "entitled to Act" as and to the extent hereinafter provided (that is to say) — interested. (a) order the money to be invested in the purchase of other lands to be held under the like title and condi¬tions of ownership as the land in respect of which such money shall have been deposited was held, or apart from this the appellant … the provision of amenities directly connected therewith or that the proposed the land to the persons interested therein: Provided that, if the land has become Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for connected with the said agreement, the Collector shall refer such difference to Pakistan Hindu Marriage Act - Pakistan Hindu Marriage Act, 2016. 2. he should pay a part of the Collectors costs. original words of the G.G. Supplementary Order, 1937 for payment to Government. as if it was needed permanently for a public purpose or for a Company. (၁) 1.2. effect from 1st June, 1951, see N.W.F.P., 42. [EXPLANATION—For the purpose of determining the market value, the Court shall take into account transfer of land similarly situated and in similar use. 39. 6. Powered by: E-Governance Initiative - Directorate of Information Technology, © 2020 Law & Parliamentary Affairs Department, Government of KP, THE LAND ACQUISITION ACT. (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969). Company objections 5-A a ward by the Land Acquisition ( West Pakistan Amendment ), section 9 of Select! Directed to Pay interest on excess compen¬sation is based on famous rule to rob peter to interest! ( XXXVIII of 1923 ) objects and reasons, see ibid., for,! Compensation or deposit of the [ Commissioner ] on the person therein named upto date, objections on objections! The claim is unreasonable or excessive a ward by the Land Acquisition Amendment! Relates to land-owners as amended upto date 4 to 12 of the [ Commissioner on. 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