Land Acquisition Act 1894: Hers’s What You Need to Know
Land Acquisition Act of 1894 is the legal framework that elaborates the framework for acquiring land in Pakistan. The land acquisition act covers all the preliminary requirements for acquiring land prior to initiating any development project for public purpose. What brings us to deliberate on the land acquisition act is that most of the cases pending in the courts of Pakistan pertain to the conflict on issues of land owing to the lack of understanding.
Publication of Notification for Land Acquisition
In Case of the Government
Part-II of Section 4 of the land acquisition act states that in order to acquire land, the state on the behalf of the ‘’Collector’ shall issue a preliminary notification in the official gazette regarding the acquisition of land. The preliminary notification is given for conducting a survey on whether the land is in accordance with the need. Once the survey is conducted by the collector and a provincial government is satisfied with the survey report, the collector issues a notification in the official gazette which shall state the division of territory, approximate area and the purpose of the land. It is pertinent upon the collector or district officer to inform the people in the mentioned locality.
In case of a Company
In the case of land to be acquired by a company, the company shall present its case to the Collector and shall prove that the acquisition of land is meant for the public purpose. Once the case is presented to the collector, the collector launches an inquiry into the case and assesses whether the requested land is being acquired for a public purpose. If the provincial government is satisfied, it enters into an agreement with the company for discussing various terms and conditions.
Hearing of Objections
A grievance redressal section has also been added to the land acquisition act under the phrase audi alteram partem which translates to ‘listening to other side’. Under section 5-A of the act, the party is allowed to object to the acquisition of a certain piece of the land within thirty days of the publication of notification. The collector is given the authority to record the grievances of the objector and submit them to the commissioner. Later on, the Commissioner considers the objections of the party and give its final verdict.
Compensation for Land Acquisition
Since the state is allowed to acquire land by compelling the parties to sell their land, compensation has to be paid by the government or the company for acquiring a certain parcel of the land. Part-III and Part-IV of the Land Acquisition Act 1984 incorporate the rules regarding the compensation to be paid to the affectees. The compensation amount is determined on the basis of market value at the date of publication of the notification in the official gazette. Similarly, if the crops, or trees present at the time of acquisition are also to be compensated owing to the damage sustained by the party. Moreover, if any damage is sustained by the immovable property at the time of land acquisition is also to be compensated by the government.