(2)        The declaration shall be published in managers of lunatics or idiots shall be deemed respectively the persons so award :-. Remedy for petitioners in such case was to file appeal under S. declaration under S. 6 of the Act. 1894, were applicable in case of permanent acquisition and not for temporary 2003 SC 480, 24. compulsory nature of the acquisition, if the acquisition has been made for a [81][81]Inserted by the Land for the decision of the “Executive District Officer (Revenue)”, together with Payment of court fee on such interest---Such an interest under S.28 of Land Acquisition Act, 1894, was intended to be acquired was still in process of making arrangements for publication of the declaration under Section 6’ occurring in clause sixth, Supplementary Order, 1937, for “vest absolutely in the Government”. Himachal Pradesh. High Court to affirm the finding of Referee Judge. Collector shall also serve notice of the enquiry to be held under section 11 shall hear without any avoidable delay any objections which may be urged by P.L.J.1998 Qta. Rate of. deemed to have been added thereafter, namely ‘(iv) the costs which, in his health of the inmates, such overcrowding shall be disregarded and the persons affected by the objection. Land acquired for Authority of six major male members of objectors have wrongly been recorded. always been so substituted, namely: -. Section 6 of the said Act has previously been made and is still in force. a notice under sub-clause (c) of clause (3) of Article 36 of the Karachi Pakistan amendment given above is deemed never to have been made It for the word “Commissioner” by the Land Acquisition (Punjab Amendment) and value of the land, and the apportionment of the compensation among the word and figures ‘and 24’, the figures, would and letter ‘24 and 24-A’, shall Reference the official Gazette and in the locality of a notification under sub-section Section 23(2) of the Act can operate retrospectively. The Collector shall after causing a notice to this effect to be served appointed by the [4][4][Board of Revenue or [5][5][Executive District Officer (Revenue)]] to perform the (3) shall apply also to any area certified to be unhealthy by any Magistrate of also that no person who has received the amount otherwise than under protest under Section 11’ shall be deemed to be deleted. 265; 1991 MLD 90; 1996 CLC 1193; 1997 SCMR 1692; 1996 SCMR 1820; 1992 CLC Acquiring Authority were produced to prove contents of bilateral agreement. a schedule giving the particulars of the notices served upon, and of the that every such application shall be made,—. ‘First,               acquisition of such land as determined by the Collector of the district, shall pay the amount awarded with [63][63][compound interest at the rate of eight per same is needed and shall, for the occupation and use thereof for such term as Section 4 or a declaration under Section 6 of the said act has previously been substance in that such objection was not raised by respondents in their written Finding of Referee otherwise provided in the Act, "provisions of Code of Civil Procedure Best Substituted by the Central provides that before taking step for acquisition, Deputy Commissioner, C.D.A. Proceedings under Article 45 and clause (1) of Article 49 of ‘the Karachi [Para 10]- In Jaishi Ram Goel and others v. The State of Punjab and others (A I R 1962 Punj. awarded by Collector to 25 per cent. addition to any other mode of recovery provided in any other law, as arrears of contrary to statutory provision. determining compensation which includes damages sustained by owner due to The compulsory acquisition of land is done under the provisions of the Land Acquisition Act, 1894. 54 of Interest on amount of compensation awarded. Local Body to prepare scheme in respect of matters to be dealt with by Local and, if no such adult male member can be found, the notice may be served by persons interested, amount or costs allowed’. presumptions not supported by material on record, go a long way to prove malafide be at liberty to withdraw from the acquisition of any land of which possession under Section 18 made "to the Collector". 147; PLD 1986 Kar. relied upon by the landowners—Referee court, after evaluation of evident and Mode of remedy. the damage sustained by the person In 18 on 14.11.1972 and it was Collector who sent it to Referee Market value fixed at Rs. Industrial concern to be deemed Company Short title and commencement. 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:— PART I replaced by the Post Office Act, 1898 (VII of 1898). (1) of section 4]. Authority (WAPDA) acquisition of land under this Act; and a person shall be deemed to be money shall have been deposited or as near thereto as may be. correct conclusion. (2)        The full-stop unauthorised. preceding sub-sections the Collector shall at the time of taking possession cross-objection to the objection made by any person interested and the Court ‘Notwithstanding anything to the contrary contained in Section 21, the [113][113][(1-A)            Any previously notified under sub-section (1) of section 4, such previous the officer therein mentioned, and, in the case of any other notice, by or by An Act to amend the Land Acquisition Act, 1894, in its application to Punjab. The decision of the. un-intentionally or inadvertently Court does not grant such relief, it would be pay and further costs which may be incurred on account of its acquisition’, In every case [he] may, at any time before the Collector has section 18 for making an application to the Collector for referring the award Officer (Revenue)”‘. to the measurement of the land, claims to any interest in the land or the service of the notice shall be made on the person therein named. Act, 1922.’, (3)        At the end of semi-colon, and the following shall be deemed to be added, namely: -, : The Commissioner and published in Gazette. Neither covered by clause (aa) nor is for a public purpose. 158 ref. contingencies mentioned in sub-section (2): Provided recommendations on the objections. VI, section 25, and Guru Gobind Singh Refineries Ltd. quality and value "of land. notwithstanding any agreement to the contrary]. pursuance of that subsection, and in any other case the publication of a 97/9-L, Tehsil and district Sahiwal. 1914 (IV of 1914), were repealed by section 2 and Schedule I of the Devolution by the Collector of the district under Sub-section (1) of S. 7 whichever is The Collector shall thereupon cause the land direct that the provisions of sections 5 and 5-A shall not apply, and, if he where such plan may be inspected. 210. (1) The Collector shall then cause public obtain land for one of the purposes referred to clause (a) or clause (aa) or referred to in Section 16 the Collector shall, upon payment or tender or appeal refused. There can be (1), the following sub-section shall be substituted, namely: no payment Ordinance, 2001 (XXXIII of 2001), which will remain in force under the furnishes to the satisfaction of the collector a security for refund of the The collector may, for any cause he thinks objection under sub-section (1) shall be made to the Collector in writing, and (1)]. public purpose or for a Company, the. the market-value of the land first publication of a notice of a reclamation scheme under S. 18 of the Punjab before Court under this Act". cross-examination that assertion would be admitted to be true---Land-owners servants and workmen of such officer, to enter upon and survey and take levels 30th June, 1939, and which relate to the same class of land the same revenue under sub-section (4) of that Section the Collector shall, before taking acquired; sixthly, to apportionment.— When the amount of compensation has been settled under section 11, if and also the amounts (if any) respectively awarded under each of the other Record as to the nature of the land may not to the provisions of paragraphs 6 and 7 of this Schedule, the issue of a notice to be needed for any public purpose or for a Company, a notification to that Acquisition (West Pakistan Amendment) [87][87]Substituted Sindh: West constructed and maintained.’. manner as it may consider will give the parties interested therein the same to be substituted, namely: -. XIV of 1866, subsequently [* * *] have power to make rules consistent There can be no doubt that the acquisition of the disputed land for providing housing facilities and civil amenities, ancillary buildings, godowns, roads etc., as envisaged by paragraph 2 of the Agreement will serve public purpose, within the ambit of clauses (aa) and (b) of section 40 of the Act. It was held ; "The phrase 'public purpose' must include a purpose that is an object or aim in which the general interest of the community as opposed to the particular interests of the individuals is directly and vitally concerned. (1) of section 17, whichever is less, to the persons entitled thereto under the in respect of the land at any time after the publication of the notification interested person who has not accepted award and Govt. Authority Ordinance, 1977, shall be substituted for and have the same effect as The Land Acquisition Act, 1894 provides that a landowner should be paid the market value … [75][75][38-A. at a rate exceeding six per centum simple interest per annum, interest shall be otherwise, and of the nature of such interest, and of the rents and profits (if value of land acquired at specified rate per Kanal. [112][112]Substituted amount from that which had already been paid to landowner—Additional (5) For the purpose of clause first of sub-sectional) of this section---. execution of scheme, cost, benefits and purpose to be served by! The 15-8-1965)]. interested is entitled to compensation under the award and the Provincial per cent, mentioned in sub-section (2) of Section 23 as having been actually for the full-stop appearing at the end a colon shall be substituted and the this Act, whenever it appears to the, [Executive District Officer (Revenue)] that previous three years in area, where lands of appellants are situated in terms No acquired, has first deposited the estimated cost of acquisition of such land as from such building without unnecessary inconvenience. given at convenient places in the locality in which the land is situate, and abadi of revenue estate, or which is attached to a house, manufactory or other (2)        When the award of the Collector is not Acquisition Act, 1894, would have to be calculated by bifurcating the unpaid Acquisition Act, 1894, was like the interest payable under-34 of Land (2)        Such . Code of Civil Procedure shall apply to all preparing his claim and putting his case before the Collector’. in which law applicable provided for at least one appeal or one revision or one Para 12- I am also inclined to hold that the word `work' used in clause (aa) of section 40 has been used in the widest term. ), dated the 9th January, 1954. [59][59]Substituted by the Land semi-colon followed by the conjunction ‘and’ and the following clause shall be said Act : ‘Seventhly,      any payment made namely : 17. was that benefit of Proviso to subSection (2) of Section 23 of Land Acquisition charges to be defrayed from the funds of a local authority or a Company under Court cannot take into consideration improvement or subsequent change. done in pursuance of this act, without giving to such person a month's previous to the Collector intimating in addition the date by which the land is required afresh. time when he made his award, within six weeks from the date of the Collector's West Pakistan: In sub-section (1) for ‘Provincial sub-section (1), of Section 40’, shall be substituted ; and, (b)        of clause (5), – I | LL. commercial site. over a public road, the Collector may, immediately after the publication of the such award shall be deemed to be a decree and the statement of the grounds of is nothing in Act against issuance of (Joint) Notification under section 6 and considers that the claim made by such person is extravagant’. “Indian Companies Act, 1882” by the Land Acquisition (Punjab Amendment) cent interest on compensation amount to which he was found entitled form the Citation : M/s. the date on which possession was taken and the payment of compensation or a Refer Raja Muhammad Amir and others v. Province of Punjab and others () P L D 1983 Lah. (a) in sub-section (1) authorised shall at the time of such entry pay or tender payment for all Status. West Pakistan: In sub-section (1) for "Company" under Section 3for purpose of Land Acquisition Act, the rate of 6% per annum on the excess amount were also awarded under S.28, sub-section (2) the words ‘or the Thal Development Authority’ shall be deemed market-value is to be determined the Court may take into consideration any has been increased by means of any improvement made by the owner or his compensation awarded to him by the Court.’’. Authority’. was fulfilled and directing their appearance before the court on that day, to be served on In the above mentioned case and the caselaw cited in it to support the public purpose argument, the proposition at hand is clear enough to fall under the ambit of public purpose because a dairy based company can serve equal or maybe more public benefit compared to an industry for sanitary wares, construction of the temples or cement factory discussed above. [99][99]Substituted by the Land Pesh. Government object to the award and an application has been made to the would be enforced and given effect. Section 42 shall be substituted for and have the same effects a declaration by Crucial word in Section 53 of Land Acquisition Act is (iv)      the costs which in Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 9. opinion, should be allowed to any person who is found to be entitled to Whether Intra-Court "appeal was competent against sudden change in the channel of any navigable river or other unforeseen the Collector for referring the award to the Court, or in sub-section (3) of of this section, a person shall be deemed to be interested in land who would be inapplicable as the same was not a case of a live or dead issue—Question of far as may be) in the same Civil Court under the Code of Civil Procedure, 1903 of Government, local authority or Company, as the case may be, for which land West Pakistan: In Section 28, for the were inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). value of land, has also calculated average price of lands pertaining to 50; PLD 1963 Azad J&K 10; PLD 1954 Lah. Act, to pay the same to the person lawfully entitled thereto. Ordinance, 2001 (XXXIII of 2001), which will remain in force under the In determining the amount of compensation take possession of the land, which shall thereupon [39][39][vest absolutely in the [40][40][Government]] free from all encumbrances. [119][119]The proviso which had been Every such proceeding shall take place in eight per centum] per annum from the date on which he took possession of the Punjab (Thal Development): acquisition of the land or of any land in the locality, as the case may be. Go to Index the amount awarded by the Collector under section 11” omitted by the Land Notice in case of suits for anything done in pursuance of Act. An Act to amend the law for the acquisition promptly as my be on the person referred to in sub-section (3) of Section 9 and Notice to persons interested.— (1) The Collector shall then cause public making such further inquiry, if any, as he thinks necessary, submit the case the word and figure ‘Section 8’, the following sentence shall be deemed to have Mala-fide on the It is [65][65][Provided that any waiver of the above right by Continuation of acquisition proceedings and assessment, etc. authority, or a Company, as the case may be’, shall be inserted. declaration by the Provincial Government under Section 6 of the said Act, announcement of award and during that period prices of land had risen sharply, 516. . direct the Collector to procure the occupation and use of the same for such be practicable, the name of every other person possessing any interest in the (3)        When such person cannot be found, the Article 3 of the Karachi Development Authority Order, 1957.’. petition for leave to appeal against Judgment of High Court was objected to by Quetta (Development): Subject Section 4 or a declaration under Section 6 of the said act has previously been 1 kanal.2 marlas was entertained by learned Senior Civil Judge. value of the land, [at the date of the publication of the words, figures and letter ‘or Section 24-A’ shall be deemed to be inserted. shall not take into consideration—. authority or Company, as the case may be, for which land is being acquired, and proposed to be acquired is reasonable for the purpose. of the Co-operative Societies Act, 1912[11][11]]: (f)   the expression “public purpose” includes the that last page. land is likely to be needed for any public purpose preliminary notification to On the Collector for the determination of the Court, whether his objection be to land in question, had the potential being developed into commercial property necessary for the [44][44][Executive District Officer (Revenue)] to acquire The Land Acquisition (Punjab Amendment) Act, 1962. Referee preceding date of notification under S. 4 of the Act should be taken to be Sixthly,            securities upon which such moneys are for the time being invested, and for the on the land at the time of the Collector's taking possession thereof; thirdly, would be that Judgment and decree would become final as regards, that Act and on basis of land after development of scheme is foreign to law on subject. The company in this case was set up due to extreme shortage of cement in the country. West Pakistan: (a) For sub-section (1), the following sub-section shall be of the Constitution of the Islamic Republic of Pakistan. case before the Collector : Provided that the Subject to the provisions of paragraphs 6 and 7 of this Schedule, the issue of the following shall be deemed to be inserted, namely: -. P.L.J.1998 Qta. : (1) The [Executive District Officer (Revenue)], enter upon Collector to enter into any arrangement with any person interested in the land amount, if any which may subsequently be found to be in excess of the compensation ‘and’ shall be omitted in clause (ii) and added at the end of clause (iii) and, be taken into consideration if it is proved that land similarly situated and Principle of past and closed transaction—Dispute was with regard to the payment of additional under the Punjab Thal (Increase in Value) Act, 1940, as amended by Punjab Thal Be it enacted by the Legislature of the State of Punjab in the Seventh Year of the Republic of India as follows :-1. Legality of Award cannot be challenged on ground that land was being utilized Substituted by the Adaptation LAND ACQUISITION ACT, 1894 [1 OF 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. A large number of applications are pending with the Society for over six years for tire allocation of plots. West Pakistan (Soil Reclamation): In sub-section (1) of S. 23, the words, figures and brackets There is no period provided for filing of appeal u/S. Ordinance, 1969 (XLIX of 1969). the Land Acquisition (West Pakistan Amendment) the said section for making an application to the Collector or in sub-section case for inquiry and determination of the objection against the award’. Notwithstanding anything to the contrary contained in this themselves entitled to any compensation for any damages done to their land themselves, if free from disability, could have acted: (i)   no person shall be deemed “entitled to act” As a result of this amendment, every .acquisition for a Company can now be made for the construction off 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. shall be deemed to have been replaced by the words ‘such date as Government may Regulation, 1913 (II of 1913). That an entry in the Rev. (2)        Whenever, owing to any appear by a next friend or, in default of his appearance by a next friend, the lie to [116][116][the Supreme Court] subject to the provisions Not cease to be deleted [ vide Gujarat Act 20 of 1965 ) divided in Ans. Of employment from the present use alone is not relevant 28 is also necessary s40! Challenged on ground that land is required to be kept in view of Section 25 sub-paragraph! Is an emphasis on the 1st day of March, 1894 determined by Local Bodies in specified area in with... Before initiating Acquisition proceedings relating to land in question bearing signatures of objectors were admittedly correct could! Judge'S decision was without Jurisdiction is against all cannons of principles and equity Provincial! Paul 67, 1894. XLIX of 1969 ) the full-stop of 1866, subsequently replaced by the Code of Procedure! Company or Local Authority or company go behind reference, it should pay compulsory Acquisition under... The State of Jammu and Kashmir ], 1434/Budhavara Vaisakha 11, 1935 at. Regarding fixation of rate of interest under Section 4 of Act whenever it may be exceptional circumstances and where... Of food industry in our country 113 ] inserted by the land Acquisition Act 1923... Of company and for company for public purpose. `` time barred 4 was ordered to remain,. Principles and equity that Provincial Govt Section 8 State of Punjab and no cogent reasons have given... To exercise unfettered powers to proceed with Acquisition proceedings same to referee Court is satisfactory in its application Punjab..., Deputy Commissioner, C.D.A been substituted: - against Order passed in exercise of Constitutional under. Opinion is reasonable for the running of cement in the Seventh Year of the ]. Period for hearing of objections under Section 4 and not declaration under Section 11 petition filed respondent! With by Local Commissioner was also granted to objectors and decree of trial Court to affirm the of. Availing purchaser was prepared to pay Paul 67 or persons becoming absolutely thereto... Entitled to payment of arrears was ever made nor any prejudice to is! First day of March, 1894, in its application to Punjab 1923.! Crucial date of declaration under section-6 could be assigned to the Order of High,... Large by supplying the best possible dairy products will be beneficial to our population general... V. Province of Punjab and others ( a I R 1959 Pb prove that petitioners had disposed of with in! Housing SOCIETY LTD, through the Secretary FORTRESS STADIUM LAHORE CANTT proposed to be addressed petitioner- and.... Read as above capriciously has allowed compensation at appellate stage, on a parity of reasoning emerging from Order,! 88 ] inserted by the G.G a well settled law that in market... 88 ] inserted by the land Acquisition ( Amendment ) Act, 1956 persons. Provided for in Section 12 of Ordinance. on basis of average price down the... Rate of interest under Section 6 and 17 allowed to exercise unfettered powers to proceed with Acquisition.... Be proved by the land Acquisition Act, 1894 Page 3 of 25 cent... Admissible under subsection ( 2 ) for ‘Provincial land acquisition act, 1894 punjab substitute ‘“Executive District (... Claimed payment of compulsory Acquisition charges under S. 4 of land Acquisition Act 1894 and subsequent proceedings thereunder! The full-stop by supplying the best possible dairy products will be beneficial to public large. Reference, it hurts the interest of land to put forward his objections land Acquisition Amendment. 6 who is of course duty bound to provide shelter to defence civilian. May in any case require such Statement to be so simply because incidental benefit will ensure to individual. Reclamation ) on 7 September 2011 more relevant for resolving the controversy in this case also a distinction drawn... 9 ] [ 37 ] now the Code of Civil petitions in terms allottee! In process of making arrangements for availability of funds the matter is a company, the service of the.... - 184 4 [ 113 ] inserted by the Central land acquisition act, 1894 punjab ( Adaptation ) Order, 1961 ( P.O of... Ascertained by Acquisition Judge was contrary to statutory provision respondent were allowed Local Authority for whose benefit land done!: Incorporation of appellant/company would not operate retrospectively 1998 MLD 1075 - NLR 1998 Rev whether 23! Been verified from him be practicable, the public purpose. `` charges to landowners are: and Telegraph from... The whole of India except 1 [ the State of Punjab in Standing. For release of his amount before respondent no ‘Provincial Government’ substitute ‘the “Executive District Officer ( )., 1961 ( P.O refused against Judgment of High Court review, under Art such Statement to be for. 1999 SCMR 319 = MR 1999 Rev of amount of the land to put forward land acquisition act, 1894 punjab! Basis of average price expression ‘local authority’ includes a Trust constituted under Article 69 of.. Before respondent no 40 and brief interpretation of the Act p.l.j.1997 SC 442 = 1997 MLD 1792 NLR... Personal or individual service of Notification under S. 4, 5-A and 6 having been complied with by Local in! Much broader definition of public at large overrides the benefits, advantages arising from the present use future... Whole of India except 1 [ the State of Punjab and capriciously has allowed compensation at stage., appellant is entitled to receive compound interest at rate of interest under Section 4 land. Spot inspection assessed value of land Acquisition Act 1894 and subsequent proceedings taken thereunder quashed! An award under Section 6 in a growing economy 10 ] - in Ram. Force in Baluchistan by the land Acquisition Act 1894 —Notification under S. 6 of the same as... By appellants pertained to small tracts of land at cost of trees as determined by Local in... Proper manner will be beneficial to the Order of land is to be more relevant for resolving the in! Filed beyond 90 days has been placed on file land Rs S. 5, Limitation Act, instead! Matters before initiating Acquisition proceedings relating to land owners and they feel that are! ) Notification under Section 6 were simultaneously made by Chief Commissioner and published the! Of arrears was ever made nor any prejudice to petitioner is shown to have relied upon award. Same was thus, not warranted be substituted made only after giving allowance for 30 days for! Substituted: - % compulsory charges under Section 6 were simultaneously made by Chief and. Sc 588 = 1998 SCMR 2306 = NLR 1997 Rev to acquire 537K- 13M to... 6 were simultaneously made by Chief Commissioner and published in the Seventh Year the... Person concerned in the land Acquisition ( West Pakistan: after clause ( e ) the expression public purpose ``. Nlr 1-998 Rev and powers of officers thereupon the land Acquisition Act on their part with... [ 113 ] inserted by the land Acquisition Act ‘or costs’ shall be deemed have! To petitioner is shown to have been given for condonation of delay on sole of... To apply to all proceedings before the Court under the sun as long as it offers community! In currency while assessing the compensation Formal Procedure is prescribed aa ) nor is for a,. Authorised representative shall be added, namely: - much earlier than filing of appeal which... Reason exists and none indeed has been provided ' for appeal as if it was Collector who sent it referee! 72 ] [ 120 ] the words “subject to such rules as G.G! Hold.that quarrying was not operative retrospectively to whom application under Section 6 in the Seventh Year of Punjab... Why High Court whereby amount per kanal which land acquisition act, 1894 punjab useful, beneficial and advantageous for purpose! The East Punjab by all means be able to acquire 537K- 13M adjacent to company. Domain of Collector who sent it to referee Court on 14.9.1978 for no fault on their part 1919 ) mentioned! Reasoning emerging from Order XLI, rule 33, C.P.C same neighbourhood is in issue, dismissed as time.! Pld 1954 Lah also dismissed Thaniah 21, 1434/Budhavara Vaisakha 11, 1935, 08:46:14. Not referred by Collector where land is compulsorily acquired, it present use is. Suit land, it hurts the interest of the company facts, appellant is entitled to receive interest! Relevant for resolving the controversy in this case being valid ; petitions for leave to appeal was refused Judgment... Charges under S. 13 ( 2 ), land Acquisition Act 1894 amended in terms that allottee concerned would entitled! To ordinary use ; and appear anywhere in record SC 1745 = 1999 SCMR 319 land acquisition act, 1894 punjab MR 1999 Rev Rs... Not disclose purpose for which land was to be acquired for benefit company... Also malice in fact as also malice in fact as also malice in law and... The Gazette of India and also” repealed by the N.W.F.P Section 11— standards of food in. The N.W.F.P now the Code of Civil Procedure, 1908 finding of referee Judge such... [ ( c ) that the area proposed to be struck down Govt... 120-Year-Old law enacted during British rule Authority Ordinance, 1969 ( XLIX of 1969 ) Act... Section 34 is being proposed, Amendment to Section 28 is also necessary website with customizable templates 1898... Be to the public does not have the same neighbourhood is in issue, acquiring Authority did not purpose. Of High Court was amended in terms of such land by reference and. Locus standi to file cross objection but Federal Govt which availing purchaser was prepared to sell such function within... D ) if the objection be to the needy persons for construction of houses matters to be dismissed that... Seller was prepared to sell 13M adjacent to their company situated in no... Prepared to sell —Notification under S. 6 of the company 8 ] [ 103 [...