Land Acquisition Act, 1894 Overview
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Questions and Answers

What action does the Collector take if there is a dispute over the apportionment of compensation?

  • The Collector decides without consultation.
  • The Collector pays the compensation immediately.
  • The Collector ignores the dispute.
  • The Collector refers the dispute to the court. (correct)

Under what condition may the Collector deposit the compensation amount in court?

  • If the compensation amount exceeds a certain limit.
  • If there is a dispute over the title to receive compensation. (correct)
  • If there is an application for reconsideration.
  • If the Provincial Government requests it.

What must happen before the Collector can take possession of the land after an award has been made?

  • The residents must consent to the terms.
  • The Provincial Government must verify the amount.
  • The court must approve the award.
  • The Collector must pay the awarded compensation. (correct)

What condition must be satisfied for payment to be made under clause (b) of the payment section?

<p>The person entitled must provide security for possible excess amounts. (B)</p> Signup and view all the answers

What limitation is placed on a person who has received compensation without protest?

<p>They lose their right to request a reassessment of the compensation. (B)</p> Signup and view all the answers

What categories of persons are considered 'entitled to act' according to the provisions mentioned?

<p>Trustees, guardians of minors, and committees or managers of lunatics (A)</p> Signup and view all the answers

Which of the following statements about the 'public purpose' does not conform to the content provided?

<p>'Public purpose' is restricted to urban development. (C)</p> Signup and view all the answers

Under what condition can an individual deemed 'entitled to act' represent a person interested in the subject-matter?

<p>If their interest is aligned with the person they represent. (B)</p> Signup and view all the answers

What must happen if a person interested does not have a next friend within the proceedings?

<p>The Collector or Court must appoint a guardian for the case. (C)</p> Signup and view all the answers

Which of the following provisions is NOT mentioned regarding a person 'entitled to act'?

<p>They can alienate property without restrictions. (B)</p> Signup and view all the answers

What legal document's provisions apply to persons appearing by a next friend or guardian?

<p>The Civil Procedure Code of 1908 (B)</p> Signup and view all the answers

Which of the following is a requirement for a person 'entitled to act' to receive compensation?

<p>They must have been competent to alienate the land. (B)</p> Signup and view all the answers

Which factor must the Court not consider when determining compensation for land acquisition?

<p>Disinclination of the owner to part with the land (A), Damage sustained by the owner that could lead to a lawsuit (B), Increase in the value of the land from intended use (C), The urgency of acquisition (D)</p> Signup and view all the answers

What is the maximum amount the Court can award for compensation?

<p>The amount claimed by the applicant (A)</p> Signup and view all the answers

If an applicant fails to make a claim for compensation without sufficient reason, what is the maximum amount the Court can award?

<p>The original assessed value by the Collector (B)</p> Signup and view all the answers

Under which condition can the Court award more than the amount assessed by the Collector?

<p>If the applicant provides sufficient reason for omission of the claim (A)</p> Signup and view all the answers

Which of the following must be included in every award under this part?

<p>Details of the amounts awarded under each applicable clause (C)</p> Signup and view all the answers

What can be considered a factor in awarding compensation for land acquisition?

<p>Potential damages from anticipated land use (C)</p> Signup and view all the answers

What happens if the applicant omits to make a claim for compensation without a sufficient reason?

<p>The amount awarded will not exceed the Collector's assessment (B)</p> Signup and view all the answers

Which of these factors is NOT considered when determining compensation?

<p>The emotional attachment of the owner to the land (A)</p> Signup and view all the answers

What must the Court provide when awarding compensation as per section 23?

<p>A written statement specifying awarded amounts and their rationale (C)</p> Signup and view all the answers

When assessing compensation, what aspect related to land value increase is excluded?

<p>Increase in value due to improvements after notification (C)</p> Signup and view all the answers

What type of damage is considered when calculating compensation for land acquisition?

<p>Damage from the severing of land from other properties (C)</p> Signup and view all the answers

What additional compensation is awarded for the compulsory nature of land acquisition for public purposes?

<p>Fifteen percent of the market value (A)</p> Signup and view all the answers

What is included in the compensation if a person is compelled to change their residence due to land acquisition?

<p>Reasonable expenses incidental to the change (B)</p> Signup and view all the answers

Which of the following factors does NOT affect the calculation of compensation during land acquisition?

<p>Impact on the local economy due to land acquisition (C)</p> Signup and view all the answers

What is the maximum percentage of market value awarded for acquisitions made for a company?

<p>Twenty-five percent (A)</p> Signup and view all the answers

Which type of damage is specifically mentioned as a consideration for compensation?

<p>Damage from standing crops or trees (D)</p> Signup and view all the answers

In determining compensation, which of the following is NOT considered in the valuation process?

<p>Profit potential of the land after possession (C)</p> Signup and view all the answers

Which of the following scenarios could result in claimed damages affecting other property?

<p>Increased traffic in the area due to the acquisition (D)</p> Signup and view all the answers

What timeframe is relevant for assessing diminution of profits in land acquisition compensation?

<p>From the announcement of acquisition until possession is taken (C)</p> Signup and view all the answers

What type of compensation is awarded for damages resulting from the acquisition affecting earnings?

<p>Any measurable decrease in income related to the acquisition (D)</p> Signup and view all the answers

What is the role of the Collector when objections are raised regarding land acquisition?

<p>To hear the objections and submit a case with recommendations to the Commissioner. (B)</p> Signup and view all the answers

What must occur before a declaration can be made regarding land required for a public purpose?

<p>The Provincial Government must be satisfied after considering the report. (A)</p> Signup and view all the answers

What information is required in the declaration published in the official Gazette?

<p>The area of the land, purpose needed, and where the plan may be inspected. (B)</p> Signup and view all the answers

Who is deemed to have an interest in the land under these provisions?

<p>A person entitled to claim compensation if the land is acquired. (D)</p> Signup and view all the answers

When can a proclamation regarding the land acquisition not be made?

<p>If the compensation will be fully paid by a private entity. (B)</p> Signup and view all the answers

What is the final step for the Collector in handling objections related to land acquisition?

<p>Submitting a report with the recommendations to the Commissioner. (B)</p> Signup and view all the answers

What should the declaration include regarding the land's approximate area?

<p>An estimate and a reference to the plan for inspection. (B)</p> Signup and view all the answers

In the event that the Collector decides to hold an inquiry on the objections, what must occur?

<p>The objector must be provided an opportunity to present their case. (B)</p> Signup and view all the answers

What authority certifies the declaration that land is required for a public purpose?

<p>The Secretary to the Provincial Government or an authorized officer. (A)</p> Signup and view all the answers

Flashcards

Land Acquisition

The act of acquiring land for public use.

Persons "Entitled to Act"

Individuals or entities legally authorized to represent others during land acquisition proceedings.

Adverse Interest

When the interest of a person representing another is seen as conflicting with the person they represent.

Next Friend

A legal representative appointed by the court to advocate for someone who cannot speak for themselves.

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Guardian for the Case

A guardian appointed by the court to specifically represent someone's interests in the case.

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Mutatis Mutandis

A legal principle allowing the application of rules from a different, relevant context.

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Compensation Money

The amount paid to compensate individuals for land acquired for public use.

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Objections to land acquisition

Objections to the Collector's decision regarding land acquisition can be submitted in writing. The Collector must give the objector a chance to be heard and then submit the case to the Commissioner for final decision along with recommendations.

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Land needed for a company

If a company needs land, the Collector will make recommendations to the Commissioner regarding the necessary area after investigations.

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Who is 'interested' in land?

Anyone who would receive compensation if the land were acquired is considered 'interested' and has rights in the process.

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Declaration of intended acquisition

A declaration that land is needed for a public purpose is a formal statement by the government, made after considering reports and evaluations.

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Declaration of intended acquisition - Publication

The declaration of intended acquisition is published in the official gazette, signifying a public notice of the government's intent to acquire the land.

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Declaration of intended acquisition - Contents

The declaration includes information about the land's location, purpose, approximate area, and the availability of a detailed plan for inspection.

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Conditions for making declaration

A declaration of intended acquisition can only be made when compensation for the land will be paid by a company, public funds, or a fund controlled by a local authority.

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Requirement before making declaration

The Provincial Government must be satisfied that the land is needed for a public purpose or for a company based on the report submitted under section 5A.

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Declaration of intended acquisition - Signature

The declaration must be signed by a Secretary to the Government or an authorized officer, signifying its official status.

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Market Value of Land

The value of land determined based on its market price, considering factors like location, size, and potential uses.

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Compensation for Compulsory Acquisition

Compensation paid to landowners whose land is taken for public projects, accounting for the compulsory nature of the acquisition.

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Damage Compensation

Financial compensation for damage caused to the land, including crops, trees, and severance from other land.

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Compensation for Injury to Other Property

Compensation for harm caused to other properties or earnings due to the land acquisition.

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Compensation for Relocation Expenses

Reimbursement for reasonable expenses incurred when relocating a business or residence due to land acquisition.

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Compensation for Diminished Profits

Compensation for the loss of profits from the land between the announcement of acquisition and the actual taking.

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15% Compulsory Acquisition Premium (Public Purpose)

Compensation for land acquisition calculated as 15% of the market value, applicable for public projects.

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25% Compulsory Acquisition Premium (Company)

Compensation for land acquisition calculated as 25% of the market value, applicable for acquisitions by companies.

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Factors Ignored in Compensation Calculation

The court considers various factors to determine compensation, excluding sentimental value or emotional distress.

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Compensation Award Process

The court awards compensation based on the market value of the land, damage sustained, and other factors.

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Urgency in Land Acquisition

The court cannot consider the urgency that led to land acquisition when evaluating compensation.

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Landowner's Reluctance

The court will not consider the landowner's reluctance to sell their land when determining compensation.

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Damages Excluded from Considerations

The court won't consider damages that would not be considered in a private lawsuit when determining compensation.

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Future Damage to Acquired Land

The court will not consider potential future damage to the acquired land after the declaration of acquisition is published.

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Increased Value Due to Future Use

The court will not consider any increase in the land's value due to its future use after acquisition.

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Value Increases of Other Land

The court will not consider any increase in the value of the landowner's other land due to the acquisition.

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Unapproved Improvements

The court will not consider any expenses or improvements made to the acquired land after the declaration of acquisition is published without the Collector’s approval.

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Maximum Compensation Amount

The amount awarded by the court for compensation cannot exceed the amount claimed by the applicant.

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No Claim Made

If the applicant refuses or fails to make a claim, the court award cannot exceed the amount awarded by the Collector.

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Claim Not Made Due to Sufficient Reason

If the applicant fails to make a claim due to a valid reason, the court award can equal or exceed the Collector's award.

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Dispute Resolution in Land Acquisition

When the amount of compensation for acquired land is agreed upon, but disagreements arise about how it is shared or who receives it, the Collector can refer the dispute to a court for a decision.

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Compensation Acceptance and Payment

If those entitled to compensation and the Provincial Government agree to the Collector's award and communicate their acceptance in writing, payment is made directly to them before land possession.

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Compensation Objection and Payment

If the parties object to the award, the Collector initiates the referral process to the court. Before taking possession, the Collector offers payment based on the lesser amount: the initially awarded compensation or the estimated cost of acquisition.

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Circumstances for Court Deposit

If there's no one competent to sell the land, disputes about who receives the money, or disagreements about how to divide it, the Collector deposits the compensation money in the Court.

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Who is 'Interested' in the Land?

Anyone who is entitled to a portion of the compensation is considered to have an 'interest' in the land, and thus can participate in the acquisition process.

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Study Notes

The Land Acquisition Act, 1894

  • Act's short title: Land Acquisition Act, 1894
  • Act's commencement date: March 1, 1894
  • Geographic extent: Entire Pakistan
  • Purpose: Amending laws for acquisition of land for public purposes and companies

Preliminary Investigation

  • Preliminary notification: Issued when land is needed for a public purpose or by a company and published in the Gazette. Notices are placed in prominent locations within the area and district to alert residents.
  • Officer's powers: Officers can enter the land, survey, take levels of the terrain, dig or bore, ascertain land's suitability, mark boundaries and cut trenches. In cases where a complete survey isn't possible, areas like buildings, gardens or enclosed areas require prior notice.
  • Timeline for completion of acquisition: One year
  • Payment for damages: Compensation is paid for damages sustained by the land owners. In cases of dispute, a decision is made by the collector or a head revenue officer

Declaration of Intended Acquisition

  • Declaration of public purpose: The provincial government declares that specific land is required for a public purpose, or for a company. This declaration must be signed by a designated official.
  • Publication of declaration: The declaration is published in the national/official gazette. The declaration details the location, purpose, estimated area, and where a map or plan exists.

Hearing of Objections

  • Objection period: Persons with an interest in the land can object within 30 days of notification.
  • Objection submission method: Written objections must be submitted to the Collector. This process includes allowing the objectors to present their case in person or through legal counsel.
  • Commissioner's decision: The commissioner reviews the objections, conduct further inquiries and provides the final decision.
  • Application of related code sections: Code of Civil Procedure, 1908, sections 175 and 176 apply to persons obligated to provide declarations..

Taking Possession

  • Collector's power: Collector can take possession of the land. The land’s ownership transfers to the government subject to legal procedures and provisions.
  • Urgency cases: The Commissioner can direct the collector to exert special powers for urgent circumstances and acquire possession even without the issuance of formal award. Procedures include making compensation deposits.
  • Procedural compliance: The commissioner cannot issue such directives unless provisions related to other related sections are met e.g. provisions in sections 23 and 24

Reference to Court

  • Seeking Court intervention: Landowners who do not accept the award can seek to have the matter reviewed by the court by filing a written application with the collector.

  • Application requirements: The application must specify the grounds for objection, whether it concerns the measurement of land, amount of compensation, or allocation of compensation to interested parties

  • Collector's reporting: Collector provides a detailed report to the court (including a description of the land, details of interested parties, compensation amounts, support for the claim).

  • Court's authority: The court is responsible for adjudicating objections to the collector's award and the determination of compensation.

Compensation Determination

  • Factors considered: Court considers the current market value of the land (at date of publication) and any incurred damages from dispossession. Accrued increases in land value are not considered.

Payment

  • Payment methods: Compensation can be deposited in court or directly to the claimant.
  • Circumstances for deposit: Circumstances for deposit arise if the compensation amounts are subject to dispute; a potential claimant does not provide their address / legal representatives; the affected property is the subject of ongoing disputes.

Temporary Occupation of Land

  • Temporary occupation: Land can be utilized temporarily, whether for construction, maintaining traffic or in other urgent cases, for a limited maximum duration. If a dispute arises regarding the temporary occupation of land, the matter goes before the court for resolution.

Acquisition of Land for Companies

  • Company authorization: The Commissioner can authorize company officers to enter and survey land for company purposes.
  • Government consent: Prior consent is needed from the Provincial Government, and an agreement is required.
  • Proceedings: There must be a proper previous inquiry to allow the government to give consent to the company acquisition.

Miscellaneous

  • Service procedures: Procedures are standardized for serving notices to stakeholders.
  • Penalties: Penalties are imposed for obstructing lawful acquisitions.
  • Magistrate's powers: Magistrates have the power to enforce compliance.
  • Completion of acquisition not compulsory: In certain specific scenarios, government may choose to withdraw from land acquisition proceedings.

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Land Acquisition Act, 1894 PDF

Description

Explore the key features of the Land Acquisition Act of 1894, which facilitates the acquisition of land in Pakistan for public projects and private companies. Learn about the preliminary notification process, officers' powers, and compensation guidelines. Understand the timeline for acquisition and the rights of landowners.

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