Land Acquisition

The Land Acquisition Act 1894 provides for the acquisition of private properties for
public purposes including development projects in Pakistan. It comprises 55 sections
dealing with area notifications, survey, acquisition, compensation, apportionment awards,
disputes resolutions, penalties and exemptions.
Land for Islamabad West grid station will be acquired in accordance with this Act.Other
sectorial legislation relevant to the Project is summarized in Table 2.6.
Table 2.5:Sectorial legislation relevant to the Project
Key Sections of
LAA
Salient Features of the LAA 1894
Section 4 Publication of preliminary notification and power for conducting
survey.
Section 5 Formal notification of land needed for a public purpose. Section 5a
covering the need for enquiry of the concerns or grievances of the
affected people related to land prices.
Section 6 The Government makes a more formal declaration of intent to
acquire land.
Section 7 The Land Commissioner shall direct the Land Acquisition Collector
(LAC) to take order the acquisition of the land.
Section 8 The LAC has then to direct that the land acquired to be physically
marked out, measured and planned.
Section 9 The LAC gives notice to all PAPs that the Government intends to
take possession of the land and if they have any claims for
compensation then these claims are to be made to him at an
appointed time.
Section 10 Delegates power to the LAC to record statements of the PAPs in the
area of land to be acquired or any part thereof as co-proprietor, subproprietor,
mortgage, and tenant or otherwise.
Section 11 Enables the Collector to make enquiries into the measurements,
value and claim and then to issue the final “award”. The award
includes the land’s marked area and the valuation of compensation.
Section 11 A
(applicable in
KPK)
Enables the Collector to acquire land through private negotiations
upon request of Head of the acquiring department. Upon receipt of
any such request the collector is empowered to constitute/notify a
committee for assessment of market value of land and verification
of title of ownership. On agreement by Head of Acquiring
Department, with negotiated market value determined by the
committee, the collector shall then direct parties to execute sale
deed in favor of acquiring department on stamp paper.
Section 11 B
(applicable in
Provides time limit of six months to complete land acquisition
process from the date of notification under Section-4.
Environmental and Social Assessment of Tarbela 5th Extension Hydropower Project
Pakistan Water and Power Development Authority 2-11
Key Sections of
LAA
Salient Features of the LAA 1894
KPK)
Section 16 When the LAC has made an award under Section 11, he will then
take possession and the land shall thereupon vest absolutely in the
Government, free from all encumbrances.
Section 18 In case of dissatisfaction with the award, PAPs may request the
LAC to refer the case onward to the court for a decision. This does
not affect the Government taking possession of land.
Section 23 The award of compensation to the title holders for acquired land is
determined at i) its market value of land, ii) loss of standing crops,
trees and structures, iii) any damage sustained at the time of
possession, iv) injurious affect to other property (moveable or
immoveable) or his earnings, v) expanses incidental to compelled
relocation of the residence or business and vi diminution of the
profits between the time of publication of Section 6 and the time of
taking possession plus 15% premium in view of the compulsory
nature of the acquisition for public purposes.
Section 28 Relates to the determination of compensation values and interest
premium for land acquisition.
Section 31 Section 31 provides that the LAC can, instead of awarding cash
compensation in respect of any land, make any arrangement with a
person having an interest in such land, including the grant of other
lands in exchange.
Section 48A
(LAA-1986)
If within a period of one year from the date of publication of
declaration under section 6 in respect of any land, the Collector has
not made an award under section 11 in respect to such land, the
owner of the land shall, unless he has been to a material extent
responsible for the delay be entitled to receive compensation for the
damage suffered by him in consequence of the delay.
2.1.7 Other Sectorial Legislation
Other sectorial legislation relevant to the Project is summarized in Table 2.6.
Table 2.6:Sectorial legislation relevant to the Project
Legislation
Name
Brief Description
Motor Vehicle
Ordinance
(1965) and
Rules (1969)
The ordinance deals with the licensing requirement for driving;
powers of licensing authority, Regional Transport Authority and
those of Court vis-à-vis disqualification for license and registration
requirements to control road transport; compensations for the death
of or injury to a passenger of public carrier; powers of Road
Transport Corporation; traffic rules, power to limit speed, weight,
use of vehicles; power to erect traffic signs; specific duties of
drivers in case of accident and powers of police officers to check
and penalize traffic offenders.
All vehicles used during construction/operation of the Project, by
WAPDA, Consultants and the Contractor will be subject to this
Environmental and Social Assessment of Tarbela 5th Extension Hydropower Project
Pakistan Water and Power Development Authority 2-12
Motor Vehicle Ordinance 1965 and rules 1969.
Highway Safety
Ordinance Act
(2000)
This Ordinance includes provisions for licensing and registration of
vehicles and construction equipment; maintenance of road vehicles;
traffic control offences, penalties and procedures; and the
establishment of a police force for motorways and national
highways to regulate and control the traffic as well as keep the
highways clear of encroachments.
Pakistan Penal
Code (1860)
The Pakistan Penal Code deals with offences where public or
private property and/or human lives are affected due to the
intentional or accidental misconduct of an individual or body of
people. In the context of the environment, the Penal Code
empowers local authorities to control noise, toxic emissions and
disposal of effluents.
Pakistan
Explosives Act
(1894)
The Pakistan Explosive Act of 1884 provides regulations for the
handling, transportation and use of explosives during quarrying,
blasting and other purposes. The quarrying of stone for rip rap or
concrete aggregates may need blasting at the quarry site. In this
event these regulations will be applicable for this project.
Regulation of
Mines and Oil
Fields/ Mineral
Development
Act (1948)
This legislation provides regulatory procedures for the quarrying
and mining of construction material on public as well as private
lands.
National Power
Policy 2013
The policy aims to build a power generation capacity that can meet
Pakistan’s energy needs in a sustainable manner. It further
envisages creating a cutting edge transmission network, minimising
financial losses across the system and aligning the ministries
involved in the energy sector and improve governance.
2.2 International Treaties and Conventions
Pakistan is a signatory to a number of international environment and social related
treaties, conventions, declarations and protocols. The following are the relevant
international treaties and conventions to which Pakistan is a party:
• Convention on the Conservation of Migratory Species of Wild Animals
• Convention on Wetlands of International Importance
• Convention on the Control of Trans-boundary Movements of Hazardous Wastes
and their Disposal
• Convention concerning the Protection of World Culture and Natural Heritage
• Convention on the International Trade in Endangered Species
• International plant protection convention
• International Covenant on Economic, Social and Cultural Rights
• International LabourOrganisation’s (ILO) Core Labour Standards on
Freedom of association (convention 87)
Elimination of forced and compulsory labour (conventions 29 and 105)
Elimination of discrimination in respect of employment and occupation
(conventions 100 and 111)
Abolition of child labour (conventions 138 and 182)
• Kyoto Protocol to the Convention United Nations Framework on Climate Change
• Stockholm