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Punjab Acquisition of Land (Housing) Act, 1973

Sections

Contents

 

 

Preamble

 

1.

Short title, extent and commencement.

 

2.

Definitions.

 

3.

Liability to acquisition.

 

4.

Publication of preliminary notification and power of officers thereupon.

 

5.

Land to be marked out measured and planned.

 

6.

Notice to persons interested.

 

7.

Inquiry and award by Collector.

 

8.

Compensation.

 

9.

Matters to be considered in determining compensation.

 

10.

Factors to be ignored in determining compensation.

 

11.

Payment of compensation.

 

12

Power to take possession.

 

13.

Acquisition in case of urgency.

 

14.

Appeal and review.

 

15.

Period for payment of cash compensation.

 

16.

Power of the Collector.

 

17.

Power of Government to give directions to the Deputy Commissioner.

 

18.

Collector and Commissioner to have powers of Civil Court, etc.

 

19.

Powers to withdraw from acquisition proceedings.

 

20.

Fees on application.

 

21.

Power to make Rules.

 

22.

Repeal and validation.

 

 

 

Punjab Acquisition of Land (Housing) Act, 1973


(VIII of 1973)


[24th March 1973]


An Act to provide for acquisition

of land for housing schemes in the Province.


Preambles. -Whereas it is expedient to make provisions for the acquisition of land for housing schemes in urban and rural areas of the Province and for matters incidental thereto; It is hereby enacted as follows: –

 

1.         Short title, extent and commencement. -(1) This Act may be called the Punjab Acquisition of Land (Housing) Act, 1973.

 

(2)        It shall extent to the whole of the Province of the Punjab.

 

(3)        It shall come into force at once and shall be deemed to have taken effect on and from the day the Punjab Acquisition of Land (Housing) Ordinance, 1973 (Punjab Ordinance No. 1 of 1973) ceased to operate in accordance with the provisions of clause (2) (a) of Article 135 of the Interim Constitution of the Islamic Republic of Pakistan.

 

2.         Definitions. -(1) In this Act unless there is something repugnant in the subject or context, –

 

(a)        ‘Collector‘ means the Collector of a district and includes any officer specially empowered by Government or Commissioner to perform the functions of a Collector under this Act.

 

(b)        ‘Commissioner‘ means the Chief Officer-in-charge of the revenue and general administration of a division;

 

(c)        ‘Deputy Commissioner’ means the Chief Officer-in-charge of the general administration of a district;

 

(d)        ‘Government’ means the Government of the Punjab;

 

(e)        Housing Scheme’ means-

I.          a Scheme which provides for residential sites, houses or apartments including ancillary land uses such as-

[(i)        building and other facilities to health, education, recreation, culture, transportation, communication and shopping;

(ii)        environmental improvements; and

(iii)       utility services, that is to say water Apply, drainage, sewerage, sanitation, electricity and fuel ; and

II.                 a scheme for the improvement of any area notified as katchi abadi for the purposes of this Act by the Government in the official Gazette.]

 

(f)         ‘Official Development Agency’ includes autonomous and semi-autonomous bodies declared as such under any law for the time being in force. Peoples Local Councils constituted under the Punjab Peoples’ Local Government Ordinance, 1972 and Improvement Trusts constituted under the Town Improvement Act, 1922,

and any other organization that the Government may declare as official Development Agency through a notification in the official Gazette.

 

(g)        ‘prescribed‘ means prescribed by the rules ;

 

(h)        ‘rural area’ includes all areas other than urban areas ; and

 

(i)         ‘urban area’ means an area defined such as under the Punjab Peoples’ Local Government Ordinance, 1972.

 

(2)        Save as otherwise provided in this Act or where the context otherwise requires all expressions used but not defined in this Act shall bear the same meanings as they bear in the Land Acquisition Act, 1894 (Act I of 1894).

 

3.         Liability to acquisition. – Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 or any other law for time being in force, and all land within the Province shall be liable to acquisition at any time under this Act for a housing scheme approved and notified by Government or Official Development Agency.

 

Word “notified” – Scope—After a housing scheme has been approved and notified by the Government, there is no specific stipulation of publication of such an approval in the official gazette—Word “notified” used in S.3 of  Punjab Acquisition of  Land (Housing) Act, 1973, does not always means publication of a notification in the official gazette as a mandatory condition. PLD 2004 SC 261

  

4.         Publication of preliminary notification and power of officers thereupon. – (1) Whenever it appears to the Deputy Commissioner that land in any locality is needed or is likely to be needed for any housing scheme a notification to that effect shall be publish in the official Gazette and the collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.

 

(2)        Thereupon it shall be lawful for any officer either generally or specially authorised by the Deputy Commissioner in this behalf and for his servants and workmen: –

to enter upon any survey and take levels of any land in such locality ;

to dig or bore into the subsoil ;

to do all other acts necessary to certain whether the land is adapted for such purpose ;

to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon ;

to make such levels, boundaries and line by placing marks and cutting trenches ; and

where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle :

 

Provided that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least 7 days notice in writing of his intention to do so.

 

Liability of acquisition. – (3) Where any damage is caused to any land inconsequence of anything done, in pursuance of the provisions of this section, there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the provisions hereinafter set out, that is to say, –

 

(a)        where the amount of compensation can be fixed by agreement, it shall be fixed in accordance with such agreement; and

(b)        where no agreement can be reached, it shall be fixed by the Collector. The aggrieved parties may file an appeal within ten days against the award of the Collector in the Court of the Commissioner with a view to get an increase or decrease in the compensation fixed in the said award.

 

5.         Land to be marked out measured and planned.-Where any land is proposed to be acquired under this Act, the Collector shall cause the land (unless it has already been marked out) to be marked out and measured and if no plan has been made-thereof a plan be made of the same.

 

6.         Notice to persons interested. -(1) The Collector shall the cause public notice to be given at convenient places on or near the land to be taken stating that Government intends to take possession of the land, and that claim to compensation for all interests in such plan may be made to him. He shall also inform all owners and claimants of interest in such land by giving them a special notice of 10 days in accordance with rules.

 

(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 date, time and place therein mentioned (such period not being earlier than 10 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 5 and the Collector may require any such statement to be made in writing and signed by the party or his agent.

 

(3)        The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein or to be entitled to Act for persons so interested.

 

7.         Inquiry and award by Collector.-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 persons interested, the Government or Official Development Agency his made pursuant to the notice under section 6 and into the value of the land and to the measurements made under section 5 and into the respective interests of the persons claiming the compensation and shall make an award of the-

 

(i)         true area of the land ;

(ii)        compensation which in his opinion, having regard to the provisions of Sections 9 and 10 should be allowed for the land ; and

(iii)       apportionment of such compensation among all the persons known or believed to be interested in the land of whom, or whose claims, he has information whether or not they have appeared before him.

 

8.         Compensation. – Where any land is acquired under this Act there shall be paid compensation, the amount of which shall be determined by the Collector who shall be guided by the provisions of sections 9 and 10.

 

9.         Matters to be considered in determining compensation. In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration: –

 

(i)         the market value of the land to be determined on the basis of two years average sale price of land similarly situated and put to similar use preceding the date of notification under Section 4(1):
Provided that the maximum rate of compensation so determined by the Collector shall not exceed Rupees Twenty Thousand per acre;

(ii)        the damage sustained by the person interested by reason of dispossession of any standing crops of trees which may be on the land ;

(iii)       the damage, if any sustained by the person interested at the time of taking possession of the land by reason of severing such land from the other land ;

(iv)       the damage, if any, sustained by the person interested at the time of taking possession of the land by reason of the acquisition injuriously affecting his other property, movable or immovable in any other manner, or his earnings ;

(v)        If, in consequence of the acquisition of the land the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

 

10.       Factors to be ignored in determining compensation. –In determining compensation as aforesaid the Collector shall not take into consideration-

 

(i)         the degree of urgency which has led to the acquisition ;

(ii)        any disinclination of the person interested to part with the land acquired ;

(iii)       any damage sustained by him which if by a private person would not render such person liable to a suit;

(iv)       any damage which is likely to be caused after the date of the publication of the notification under section 4 by or in consequence of the use to which it well be put;

(v)        any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired ;

(vi)       any increase likely to accrue to the value of the other land of the persons interested from the use to which the land acquired will be put ; or

(vii)      any outlay or improvements on or disposal of the land acquired commenced made or effected, without the sanction of the Collector after the date of the publication of the notification under section 3 sub-section (1).

 

11.       Payment of compensation. – (1) The payment of compensation may be made in the form of cash, bonds debentures, annuities over a period not exceeding 20 years or in the form of developed sites or in a combination of such forms ins such manner as may prescribed Provided that-

 

(i)         payment in cash to each land-owner shall be-

(a)        for the first four kanals of the area acquired, hundred per cent of the compensation awarded ;

(b)        for the next three kanals of the area acquired seventy-five per cent of the compensation awarded ;

(c)        for the next five kanals of the area acquired, sixty-five per cent of the compensation awarded;

(d)        for the next ten kanals of the area acquired, fifty per cent of the compensation awarded ;

(e)        for the next ten kanals of the area acquired thirty per cent of the compensation awarded ;

(f)         for the next ten kanals of the area acquired, ten per cent of the compensation awarded ; and

(g)        for all additional area acquired, five per cent of the compensation awarded ;

(ii)        the maximum payment of compensation in each to any individual land-owner shall not exceed rupees one lac the balance in other forms :

 

Provided further that a land-owner whose total land acquired does not exceed eight kanals shall have the option to select the form of payment of compensation.

 

(2)        Notwithstanding the provisions of sub-section (1) in case of acquisition of land for a scheme for improvement of a katchi abadi no land-owner shall be entitled to more than one developed site in lieu of the amount of compensation payable to him. The balance of the amount of compensation may be paid in the form of cash, bonds, debentures or annulities over a period not exceeding twenty years. The size of the developed site, to which the land-owner maybe entitled, shall be such, as may be determined by Government, or the Official Development Agency, as the case may be.

 

12.       Power to take possession. -When to Collector has made an award under section 7, he may, subject to the acceptance of the award by Government or the Official Development Agency, as the case may be, within a period of fifteen day from the date of announcement of the award and subject to the provisions of section 14, take possession of the -land which thereupon shall vest absolutely in Government or, as the case may be, in the Official Development Agency.

 

13.       Acquisition in case of urgency. -In case of urgency, the Deputy Commissioner may, immediately after the publication of notice published under Section 6, (1), authorize the Collector through a notification published in official Gazette to enter upon and take possession of land which shall thereupon vest absolutely in Government or the Official Development Agency, as the case may be, free from all encumbrances:

 

Provided that the Collector shall not take possession under this section without giving to the occupier thereof at least 24 hours notice of this intention to do so or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building or land without unnecessary inconvenience.

 

14.       Appeal and review. – (1) The person entitled to compensation under the award and Government or the Official Department Agency, as the case may be, may accept the award and intimate their acceptance in writing to the Collector, within the period described in section 12.

 

(2)        The Government, or as the case may, be the Official Development Agency or any person aggrieved by an award of the Collector may within one month of such award appeal to the Commissioner. Where the affected party had no intimation of the award the appeal may be filed within six weeks of the award. The Commissioner may after giving the Government or as the case may be, the Official Development Agency and the persons affected by the award an opportunity of submitting any objection to the appeal and of being heard, make such order as he may deem fit.

 

(3)        The order of the Commissioner make on appeal shall be final and shall not be called into question in any Court.

 

(4)        The Collector or the Commissioner either of his own motion or on an application made in this behalf by the Government, or as the case may be, Official Development Agency or any affected person may, at any, time review an order made by himself or his predecessor, in so far as it corrects an arithmetical, clerical or patent error or mistake only.

 

(5)        Any amount paid to any person who is found for any reason including fraud or misrepresentation, not to be due or in excess of the amount he is entitled to under the award shall be recoverable as arrears of land revenue and the Collector shall call upon such person to refund it.

 

15.       Period for payment of cash compensation. –The compensation payable in cash shall be paid in the prescribed manner within ninety days from the date of announcement of the award.

 

16.       Power of the Collector. -When acquiring any land or determining any compensation therefor or carrying out any other purpose of this Act the Collector may-

 

(a)        require any person by order in writing to furnish such information in his possession relating to any land as may be specified in the order ; and

(b)        enter or authorize any person to enter upon land and take such action as may be necessary.

 

17.       Power of Government to give directions to the Deputy Commissioner. -The Government may give directions to the Deputy Commissioner with respect to the exercise of his powers and the discharge of functions under this Act and the Deputy Commissioner shall be guided by, and act in accordance with such directions.

 

18.       Collector and Commissioner to have powers of Civil Court, etc.-The Collector making any enquiry or conducting any proceedings under this Act or the Commissioner exercising the powers of appeal or review under section 14 shall have the same powers in respect of the following matters as are vested in a Civil Court, when trying a suit, under the Code of Civil Procedure, 1908 (Act V of 1908), namely: –

 

(a)        summoning and enforcing attendance of any person, examining him on oath or affirmation ;

(b)        requiring the discovery and production of any document;

(c)        requisitioning any record from any Court or office ;

(d)        issuing commissions for examination of witnesses, inspection of property or making any local investigation ;

(e)        appointing guardians ad litem or next friends ;

(f)         adding or substituting preventive of deceased parties to proceedings ;

(g)        adding or dropping parties from pending proceedings ;

(h)        dismissal in default of appearance and restoration of cases dismissed for default;

(i)         consolidating and splitting up cases ; and

(ii)        any other matter connected with the holding of an inquiry or hearing of an appeal.

 

19.       Powers to withdraw from acquisition proceedings. -The Deputy Commissioner, shall be at liberty to withdraw from the acquisition proceedings of any land, notified under this Act, of which possession has not been taken:

 

Provided that Government or an Official Development Agency, as the case may be, has informed the Deputy Commissioner in this behalf in writing:

 

Provided further that in case of non-acceptance of the award even as a result of the appeal made to the Commissioner the right of withdrawal from the acquisition may be exercised by the Government or an Official Development Agency, as the case may be.

 

20.       Fees on application. – No award made under this Act shall be chargeable with stamp duty and no person claiming under any such award shall be liable to pay any fee for a copy of the same.

 

21.       Power to make Rules. -The Government may make rules to give effect to the purposes of this Act.

 

22.       Repeal and validation. – (1) The Punjab Ordinances Temporary Enactment Act, 1973, in so far as it enacts the provisions of the Punjab Acquisition of Land (Housing) Ordinance, 1973 (Punjab Ordinance No. I of 1973), is hereby repealed.

 

(2)        All orders and notifications issued, all directions given, all actions taken and all proceedings commenced under the Punjab Acquisition of Land (Housing) Ordinance, 1973 (Punjab Ordinance No. I of 1973), and its provisions as enacted by the Punjab Ordinances Temporary Enactment Act, 1973, on or after the 5th January, 1973 and before the commencement of this Act, shall be deemed to have been validly issued, given, taken or commenced.

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