BEAJ (Babar, Ejaz, Ambrin, Jahanzaib)

By: Babar Nadeem, Civil Judge.

Land Acquisition Act 1894

read-with
Land Acquisition Rule 1983
PART I Preliminary
PART II Acquisition
Preliminary Investigation

Objections

Declaration of intended Acquisition

Enquiry into measurements, Value and Claims and Award by

Collector

Taking Possession

PART III Reference to Court and procedure thereon

PART IV Apportionment of compensation
PART V Payment
PART VI Temporary occupation of land
PART VII Acquisition of land for Companies
PART VIII Miscellaneous

PART I Preliminary
Preamble:
The object & purpose of Land Acquisition Act 1894 is to amend the law
• for the acquisition of land needed for
✓ for public purposes and
✓ for companies and
• for the determining the amount of compensation to be made on
account of acquisition

PART I: Preliminary
1. Short Title, Extent & Commencement
Extent
Date of Enforcement
2. Repealed
 BEAJ (Babar, Ejaz, Ambrin, Jahanzaib)
By: Babar Nadeem, Civil Judge.

3. Definitions
(a) Land:
As per section 3(a), “Land” includes
• benefits arising out of land, and
• things attached to the earth or
• things permanently fastened to anything attached to the
earth
(b) person interested:
As per section 3(b), “person interested” includes
• all persons claiming an interest in compensation to be made
on account of the acquisition of land under Land Acquisition
Act 1894 and
• a person shall be deemed to be interested in land if he is
interested in an easement affecting the land.
(c) Collector:
“Collector”
means the Collector of a District appointed under the
Punjab Land Revenue Act, 1967 (XVII of 1967)
and
includes any officer specially appointed by the Board of
Revenue or the Commissioner.

(d) Commissioner:
“Commissioner”
means a Commissioner of a Division appointed under
the Punjab Land Revenue Act, 1967 (XVII of
1967) and
includes an Additional Commissioner

(e) Court:
“Court”
means a principal Civil Court of original jurisdiction and
includes the Court of
✓ any Additional District Judge and
✓ any Civil Judge
whom the Provincial Government may appoint,
by name or by virtue of his office, to perform
 BEAJ (Babar, Ejaz, Ambrin, Jahanzaib)
By: Babar Nadeem, Civil Judge.

concurrently with any such principal Civil Court,

all or any of the functions of the Court under this
Act, within any specified area; provided that in
the case of a Civil Judge such functions shall be
exercised only up to the limits of his pecuniary
jurisdiction.

(f) Company:
“Company”
means:
• a Company registered under the Companies
Ordinance, 1984, or
• a Company registered under the under the (English)
Companies Acts, 1862 to 1890, or
• a Company incorporated by an Act of
✓ Parliament of the United Kingdom or
✓ by a Pakistan law, or
✓ by Royal Charter or
✓ by Letters Patent and
includes
✓ a society registered under the Societies
Registration Act, 1860, and
✓ a registered society within the meaning of the
Co-operative Societies Act, 1912

(g) Public Purpose:

“public purpose” includes the provision of village-sites in districts in
which the Provincial Government shall have declared by
notification in the official Gazette that it is customary for the
Government to make such provision: and

(h) Entitled to act

Following persons shall be deemed “entitled to act”:
• trustees for other persons beneficially interested shall be
deemed the persons entitled to act with reference to any
such case, and that to the same extent as the persons
 BEAJ (Babar, Ejaz, Ambrin, Jahanzaib)
By: Babar Nadeem, Civil Judge.

beneficially interested could have acted if free from

disability;
• a married woman, in cases to which the English law is
applicable, shall be deemed the person so entitled to act,
and, whether of full age or not, to the same extent as if
she were unmarried and of full age; and
• the guardians of minors and the committees or managers
of lunatics or idiots shall be deemed respectively the
persons so entitled to act, to the same extent as the
minors, lunatics or idiots themselves, if free from
disability, could have acted:
Provided that–
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;
ii. in every such case the person interested may appear
by a next friend or, in default of his appearance by a
next friend, the Collector or Court, as the case may be,
shall appoint a guardian for the case to act on his
behalf in the conduct thereof;
iii. the provisions of Chapter XXXII of the Code of Civil
Procedure shall, mutatis mutandis, apply in the case of
persons interested appearing before a Collector or
Court by a next friend, or by a guardian for the case, in
proceedings under this Act; and
iv. no person “entitled to act” shall be competent to
receive the compensation money payable to the
person for whom he is entitled to act, unless he would
have been competent to alienate the land and receive
and give a good discharge for the purchase-money on
a voluntary sale.

PART II Acquisition
Step by Step Procedure for Acquiring a Land (Section 04-17)
Firstly; Reception of a request for acquiring land:
 BEAJ (Babar, Ejaz, Ambrin, Jahanzaib)
By: Babar Nadeem, Civil Judge.

First of all, the acquiring agency shall submit an

application to the Collector of the District concerned
in the prescribed from for the acquisition of land given
full justification of the public purpose involved and the
minimum area required by it with full details of all
other area owned by it in same locality.
Secondly; Scrutiny of Application:
On receipt of the application, the Collector of the
district shall examine its feasibility taking into
consideration the genuineness of the public purpose
involved, the minimum requirements of the acquiring
agency and suitability of the area proposed for
requisition keeping in view its alternate uses if any.

Thirdly; Notification of Intention to acquire a land u/s 04:

Where after the examination of feasibility, the
Collector of district, is of the view that the land be
acquired for the acquiring agency, within one month
from the date of receipt of application, he shall issue a
notification, under section 4 of the Land Acquisition
Act 1894 stating clearly
• the name of the revenue state/village or
locality, tehsil
• board details of the dimensions and boundaries
of square of rectangles field numbers and the
approximate area to be acquired.
Fourthly; Publication of substance of Notification:
A public notice of the substance of that notification
shall be given at convenient places of the locality so
that people may come to know about expected survey
by the authorities in coming days.
Fifthly; Survey of Land:
After that, authorized officer will make a preliminary
investigation in order determine the fitness of the land
for the public purpose for which it is likely to be
acquired. The officer will have following powers while
making the preliminary investigation:
 BEAJ (Babar, Ejaz, Ambrin, Jahanzaib)
By: Babar Nadeem, Civil Judge.

• to enter upon any land but seven days prior notice

is mandatory where such land is a building,
enclosed court or garden or dwelling-house.
• survey and take level of any land
• to dig or bore into subsoil
• to do all other necessary acts
• to set out boundaries of the land proposed to be
taken
• to set out the intended line of the work proposed
to be made thereon.
• to mark levels, boundaries and lines by placing
marks and cutting trenches
• under certain circumstances, to cut down standing
crops, fence or jungle.
Sixthly; Submission of Report to Commissioner:
Within 60 days from the date of notification u,
Collector shall submit his report to the Commissioner
regarding survey of the land proposed to be acquired.
Survey report shall also mention the detail of
buildings, houses and other fixtures/ structures and
gardens on the land to be acquired.
Seventhly; Notification of Confirmation of Acquiring Land u/s
05:
Within one year from the date of notification under
section 04, where land is to be acquired for a public
purpose, if the Commissioner, and where land is to be
acquired for a Company, the Provincial Government, is
satisfied, after considering the result of the survey that
any particular land is needed for a public purpose or a
Company, a notification to that effect shall be
published in the official Gazette. The contents of the
notification will be as under:
• the district or other territorial division in which
the land is situate
• the purpose for which it is needed
• its approximate area and situation, and
 BEAJ (Babar, Ejaz, Ambrin, Jahanzaib)
By: Babar Nadeem, Civil Judge.

• 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 at
convenient places on or near the land to be
acquired

Eighthly; Publication of substance of Notification:

A public notice of the substance of that notification
under section 05 shall be given at convenient places of
the locality or near the land so that people may
approach the collector for their objections.

Ninthly; Objection to Acquisition u/s 5-A:

Any person interested in land may object to the
acquisition of the land within 30 days from the
publication of the notification under section 05. All
objections must be made to the Collector in writing.
Person Interested:
A person shall be deemed to be interested in
land who would be entitled to claim an interest
in compensation if the land were acquired
under the Land Acquisition Act 1894.
Tenthly; Hearing of Objections:
The Collector shall give the objector an opportunity of
being heard either in person or by pleader.
Eleventhly; Referring of Case to Commissioner for decision:
After hearing all such objections and after making such
further inquiry as required, the Collector shall submit
the case for the decision of the Commissioner,
together with the record of the proceedings held by
him and a report containing his recommendations on
the objections.
Twelfthly; Final Decision of Objections:
The Commissioner will make a decision regarding
objections to the acquisition of land by considering
 BEAJ (Babar, Ejaz, Ambrin, Jahanzaib)
By: Babar Nadeem, Civil Judge.

recommendation of the Collector and the decision of

the Commissioner will be final.

Declaration of intended Acquisition

Taking Possession
PART III Reference to Court and procedure thereon
PART IV Apportionment of compensation
PART V Payment
PART VI Temporary occupation of land
PART VII Acquisition of land for Companies
PART VIII Miscellaneous

(Continued)