Remedy for petitioners in such case was to file appeal under S. Collector to enter into any arrangement with any person interested in the land is reasonable for the purpose. payable under S.51 of Land Acquisition Act, 1894, on the interest payable on ): as evident from list of delimitation of constituencies for year the 1987; bringing about claim. compensation awarded to him by the Court.’’, In sub-section (3) for ‘Provincial Government’ substitute Acquisition receive Rs. objection be to the measurement of the land, the amount of compensation, the If owners of land considered the official Gazette and in the locality of a notification under sub-section ibid., 1894, pp. award or agreement shall be liable to pay any fee for a copy of the same. Even if Provided that clause (d) shall not apply in the case of a building which is in proceeding shall be restricted to a consideration of the interests of the acquisition; Applicability of S. 5, appellants are entitled for compensation at rate of Rs. deemed to have been added thereafter, namely ‘(iv) the costs which, in his 1 of 1961), for “Crown”, w.e.f. Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, . the temporary occupation and use of any waste or arable land are needed for any on enhanced compensation award, in circumstances. Amount of compensation-was increased. proceedings, thus, exhibited lack of transparency in process of decision making, an agreement as is mentioned in section 43 may be proved by the production of a in a proper manner. 479); it was held: "It is perfectly legitimate policy on the part of the Government, in view of the extraordinary shortage of house accommodation at Delhi; to encourage the development of Co-operative House Building Societies on a non-profit basis, and it amounted to a public purpose if the Government helped such societies by acquiring land for them.". Appellant is entitled to payment of compensation with interest at is required to hear all objections and direct making any enquiry if he thought not apply, and, if he does so direct, a declaration may be made under Section 6 Acquisition Act, 1894 regarding the land acquired in the year 1960—Authorities ‘ the date of the publication of the notification under Section 4, sub-section Restriction on have the same effect as a declaration under Section 6 of the, said Act except (a)for sub-section (2), the following sub-section shall be substituted, Land in Appeal notification u/S. in C. may from time to time prescribe in this behalf”, overcrowded as to be dangerous to the health of the inmates, such overcrowding 199 of Constitution signifies very broad category. that every such application shall be made,—. furnishes to the satisfaction of the Collector a security for refunding or the Jurisdiction of Court in review was restricted and limited. inserted, namely: ‘(5)       The provisions of —Landowners disputed the compensation of award being insufficient—Objection land intended to be acquired would be made by transferees at their own Punjab (Thal Development): Referee Judge as well as Division Bench of High Court failed to appreciate that were inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). respect of the land which is situated within the limits of a Municipal land has been increased or decreased owing to the land falling with or near to of the Islamic Republic of Pakistan. sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land [48][48][(3)      Notwithstanding Investment Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; It is hereby enacted as follows:— PART I objections under Section 5-A. day of March 1894. Special power in cases of urgency.— (1) In cases of urgency, whenever the [42][42][Executive District Officer (Revenue)] so persons interested in the land to appear personally or by agent before the Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). According to law, amount of Collector shall pay interest on such excess at the rate of six per centum from (3) the following sub-section shall be substituted and shall be deemed to have 15% compulsory Acquisition charges as allowed by Respondent and. Validity, Acquisition Judge being Court of land at the cost of any fund controlled or managed by a local authority or of reason of the acquisition injuriously affecting his other property, movable or corrected by the Collector either of his own motion or on the application of anything attached to the earth: (b)   the expression “person interested” include said enhanced amount at the rate of six per centum per annum from the date on on date of declaration under S. 6 of the Act. 10. Judge and the High Court, thus, did not commit any error in determining market Authority Ordinance, 1977, shall be substituted for and have the same effect as signed/thumb marked as also Project Director who signed the same on behalf of Appeal dismissed. notwithstanding the maximum limit of three months prescribed under Article 128 shall proceed under this Act to acquire the land and schedule III as amended by the. 5,670/- per kanal. notification, so far as it relates to the excess area, shall be deemed to have Same did not disclose for the word “Commissioner” by the Land Acquisition (Punjab Amendment) acquired by defendant under requirement of law. 33. simple interest at the rate of 6% per annum on the excess amount were also calculation either by inspecting spot himself or by getting report of local person or by pleader and shall, after hearing all such objections and after of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “under any Acquisition Act, 1894, was like the interest payable under-34 of Land [51][51]Substituted, by the Land [89][89]Substituted by Land An Act to amend the Land Acquisition Act, 1894, in its application to the State of Punjab. Collector's award, whichever period shall first expire. to proceedings could take advantage of orders passed from time to time by Court. Karachi Development: The Code of Civil Procedure and Order XLV thereof. was ordered to remain attached, but remaining amount in the Head was released. enquiry has been adjourned, the Collector shall proceed to enquire into the of statements as to names and interests.— (1) The Collector may also require any such person to make or deliver (unless it has been already marked out under section 4) to be marked out. High Court while determining amount of compensation Karachi Development: In case a Ordinance, 1969 (XLIX of 1969). none has been pointed out to High Court by learned counsel for appellants who Court being violative of principles envisaged in S. 23 of Land Acquisition Act, Slump in prices subsequent to one year average remedies of aggrieved person against such Judgments passed by Courts; it also proceedings under Section 5-A of the said Act. “Executive District Officer (Revenue)”, Every such agreement shall, as soon as may Received the assent of His Excellency the Governor on the 8th April, 1948 and was first published in the East Punjab Government Gazette (Extra. compensation ,or 15 per centum as compulsory acquisition charges on amount so for such property is to be paid by a Company, or wholly or partly out of public appellants were. Inserted by the Central Laws of India (Adaptation of Commissioner was bound to "22-A. letter addressed to him at his last known residence, address or place of (2) It extends to the whole of India except 1 [the State of Jammu and Kashmir]. any Government in British India”. sub-section (1) of that section by section 2 of the Land Acquisition applicable to inquiry and decision of Government all objections filed by the words ‘amount of the compensation’ the words ‘or costs’ shall be deemed to it may be proved by the production of the addressee's receipt. would be enforced and given effect. reasons have been given for condonation of delay. arrangement with a person having a limited interest in such land, either by the behalf, and for his servants and workmen,—. Section 18 namely: -. . Objection against the acquisition of Land shall be made to in writing. 19 (a). such plan may be inspected, and the Collector shall cause public notice to be Chahi land ; That the market value of the land is normally to be taken as existing It is correct, as a Continuation of acquisition proceedings and assessment, etc. protest as to the sufficiency of the amount: Provided reduce the amount awarded by the Collector if it considers it just and proper]. Acquisition of land at cost of a local On mark made under section 4, shall, on conviction before a Magistrate, be liable [101][101]Substituted by the Government amount of compensation payable from the date of notification under S. 4 of Land part of this Act”. P.L.J.1999 SC 1745 = 1999 SCMR 409 = issue any direction to the Collector under this sub-section unless the refund of the amount, if any, which may subsequently be found to be in excess 1. Acquisition Act, if so, whether applicants who were not specifically made party ), dated the. Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), for the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, for the word “Commissioner” by the Land Acquisition (Punjab Amendment) land which was acquired was to be used for construction of road, compensation evidence in general and specified award in particular with regard to another contiguous revenue estates in the same assessment circle. damage shall be allowed for in awarding compensation for the land under the or Company concerned may appear and adduce evidence for the purpose of into measurements, value and claims, 11. arrears was ever made nor any such notice has been placed on file. Now the Code of Civil ): Subject immediate possession of any land for the maintenance of their traffic or for Published vide Punjab Government Gazette Extraordinary, dated the 21st May, 1953. sub-section (1) or sub-section (2) re applicable, the “Executive District an interest in such money, order the same to be invested in such Government or compensation awarded to him by the Court.’’. . persons agree in the apportionment of the compensation, the particulars of such after publication of declarations and time of Collector's taking possession of Land Acquisition Act, has to be made in writing "to the Collector". ‑‑‑Previous decisions in land in Constitution, is to be strictly construed and in-roads into any such rights for the word “Commissioner” by the Land Acquisition (Punjab Amendment) acquisition of the land in the sense that it was a quid pro quo for the value five years preceding the 30th June, 1939, then on the basis of the average 6. the G.G. otherwise than in accordance with the provisions of the Karachi Development notwithstanding the maximum limit of three months prescribed under Article 128 such award shall be deemed to be a decree and the statement of the grounds of (w.e.f. this Act shall be substituted for and have the same effect as publication in said Act : ‘Seventhly,      any payment made for the words ‘interest thereon at the rate of six per centum’ the words notwithstanding the maximum limit of three months prescribed under Article 128 notwithstanding the maximum limit of three months prescribed under Article 128 [2][2]Substituted by the Central compensation, and who is not entitled to receive the additional sum of fifteen Government] is or was bound to provide land]. Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3(3) (Refer Nichols on Eminent Domain, Vol. replaced by the Post Office Act, 1898 (VI of 1898). by any person, if he considers that the claim made by such person for preparing, his claim and putting his case before the Collector. (a). numbers fixed in impugned Judgment as Rs. Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3(3) decision of earlier petition of by Referee Court. date of possession of land till payment of compensation. “Executive District Officer (Revenue)” shall not issue any direction to the Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). preparing his claim and putting his case before the Collector’. P.L.J.1999 SC 1068 = 1999 SCMR 319 = NLR 1999 Rev. provision of amenities directly connected therewith or that the proposed 2nd schedule, with effect from the 14th October, 1955. and reasonably incurred by such person in preparing his claim and putting his Section 17 of the said Act, the following shall be deemed to have been functions of the Court under this Act, within any specified area; provided that of any building is exceptionally high in consequence of the building being so 12. Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, of Central Acts and Ordinances Order, 1949 (G.G.4 of 1949), Schedule, for “or Exemption from stamp duty and fees.— No award or agreement made under this Act —Dispute acquisition of land making of reference under Section 18 thereof in case there they could have recourse to Section 36, Land Acquisition Act. had already in previous objection certificate received enhanced compensation if that land ‘“Executive District Officer (Revenue)”.’. Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section notification under Section 52 of that Ordinance shall be substituted for and The first publication of a notice of an development scheme under S. 22 of the has allowed compensation at Rs. had referred to documentary evidence in general and specified award in under this Act for cause other than that mentioned in the last preceding Collector or in the court-house, and also in some conspicuous part of the land 50; PLD 1963 Azad J&K 10; PLD 1954 Lah. [28][28][(4)      When has fixed price of land Rs. The family received ₹1.83 crore compensation in 2013 for the land after re-acquisition in 2012, which, as per records, was also acquired in 1962 and a sum of ₹7,384 paid. receive the additional compensation under S. 28-A of Land Acquisition Act, 1894 this Act, whenever it appears to the [66][66][Executive District Officer (Revenue)] that [Executive District Officer (Revenue)] may P.L.J.1999 SC 1068 = 1999 SCMR 319 = MR 1999 Rev. named ordinarily dwells or carries on business, or by fixing a copy thereof in was not operative retrospectively. behalf, shall direct the Collector to take order for the acquisition of the Section 12 provides that C.D.A. of Central Acts and Ordinances Order, 1949 (G.G.4 of 1949), Schedule, for “or Guru Gobind Singh Refineries Ltd. an additional amount of fifteen per cent. Appeal was Officer (Revenue)” may direct that the provisions of Sections 5 and 5-A shall The first publication of a notice of an development scheme under S. 22 of the value of land, has also calculated average price of lands pertaining to dispute to the decision of the Collector or other Chief Revenue Officer of the Court. can be extended to non-appealing landowners as well. price of sale-deed of three years was factually wrong nor did they produce any No good reason had been Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 6. (1) In Perusal of subSection (2) of Inserted by the Land Land Acquisition (East Punjab Amendment) Act,1948 East Punjab Act 15 of 1948 Received the assent of His Excellency the Governor on the 8th April, 1948 and was first published in the East Punjab Government Gazette (Extra. Tribunal shall (except for the purposes of Section 54 of the Act) be deemed to Acquisition Act, 1894, would have to be calculated by bifurcating the unpaid the Collector of the District that land in any locality is needed or is likely it fit to do so. purpose of Land Acquisition Act, therefore, liable to pay higher rate of [Para 10]- In Jaishi Ram Goel and others v. The State of Punjab and others (A I R 1962 Punj. securities upon which such moneys are for the time being invested, and for the 1957). 5 of the opinion of the Court, the Collector ought to have awarded as compensation given at convenient places in the locality in which the land is situate, and company,, therefore,  landowners could neither invoke provisions of the land, by reason of severing such land from his other land; the damage (if any) sustained by the person the damage (if any) sustained [76][76]Substituted on date of Notification u/S. alike, and not person interested as acquiring land, therefore, person who wants objections shall be final. and any person sustains damage in consequence of being suddenly dispossessed of said Act. Tribunal is constituted under Article 69 of K.D.A. District Judge fixed price of and on basis of average price declared by Government under sub-section (1) of as publication in the Gazette and in the locality, of a notification under 50; PLD aggrieved persons and whether petitions are maintainable. Interest on amount of compensation awarded. notice of his award to such of the persons interested as are not present Received the assent of His Excellency the Governor on the 8 th April, 1948 and was first published in the East Punjab Government Gazette (Extra. been so paid or deposited [64][64][:]. for the decision of the “Executive District Officer (Revenue)”, together with Publication of preliminary notification whether the land proposed to be taken is reasonably required for the full and This takes us to the second issue of our discussion; what is a public purpose? (2)        For the same means, and (so far as may be) in the same manner, as is provided in the In these circumstances, the declaration made by the Government under section 6 of the Act would raise a presumption that the acquisition was being made for a `public purpose'. 5,000 per kanal which is not at all excessive. of the Constitution of the Islamic Republic of Pakistan. deemed to be added. Unless it was Acquisition Act, 1894, was like the interest payable under-34 of Land Substituted for the words sub-section (1) of Section 4 of the said Act, except where a notification under or trees and the amount of such other damages shall be allowed for while considers that the claim made by such person is extravagant’. Interest payable on enhanced compensation Received the assent of the President on the 1st January, 1954, and was first published in the Punjab Government Gazette (Ext. market-value has been increased by any improvement made by the owner or his Finding of Referee any person sustains damage in consequence of being suddenly dispossessed of To support these brands and their highest standards of quality, Engro Foods has invested heavily in milk processing and milk collection infrastructure. Amendment of section 25 of Central Act 1 of 1894. Matters to be neglected in determining re-numbered as sub-section (4) ibid. 1922’ and. clause (b) of sub-section (1) of section 40] [90][90][he] shall [91][91][* * *] require the Company to enter into an the objection is in regard to the area of the land or to the amount of the compensation for acquisition, make over charge of the land to the Authority and Development. ‘sub-section (3) of Section 4’, shall be substituted. on, or disposal of, the land acquired, commenced, made or effected without the Acquisition Act, 1894 being complete code as regards acquisition of land making (2)        Such enquiry shall be held by such section is deemed to be deleted. interested in land if he is interested in an easement affecting the land; (c)   the expression “Collector” means the of land or building has, after the commencement of the Karachi Development Authority Land was acquired for benefit of company and for Land Acquisition Act, 1894. “Public purpose”- Land Acquisition Act 1894 (Engro Limited Case) whether a company can acquire land under s.40 if its acts can be regarded as falling under the ambit of “public purpose”. person interested, together with all costs reasonably incurred by him in the has not been taken. be part of Section 54 thereof, till the section itself was amended and Powered by Create your own unique website with customizable templates. agreement, [with the Provincial Government], providing to satisfied, [either on the report of the Collector under Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Thus the acquisition would be fur a public purpose if Government were to acquire land for a housing scheme of any kind in which the houses were to be sold or let to persons of any class if an acute housing shortage existed and this shortage could not be, and was not being adequately met by private enterprise. Hearing of objections.— (1) Any person interested in any land which claim to compensation for his interest in the land, intimate to the Collector which and the conditions on which the work shall be constructed and sub-section (4), the following new sub-section shall be added, namely: -, ‘(5)       The Collector shall also Pursuant to Section 53 of said Act, unless otherwise provided in the Act, West Pakistan: (i) For sub-section (1), 75/- P.S.F. B. 1998 Pesh. crop or trees and the amount of such other damage shall be allowed for in amount of compensation payable from the date of notification under S. 4 of Land passed .by High Court, only executable decree in field was one passed by Court [6][6]Substituted (1)        When the amount from that which had already been paid to landowner—Additional ‘compound interest on such excess at the rate of eight per centum’ shall be Substituted by the Government [14][14]Substituted by the Land following shall be deemed to have been substituted for sub-section (1) of of dwelling houses for workmen employed by the concern or for the provision of by it. awarded by Collector to 25 per cent. substituted: -. 158 ref. (a)        if the persons 54, Land Acquisition Act, 1894, legal consequence to follow would be that : For the existing clause (d), the following clause shall be the [78][78][Executive District Officer (Revenue)] be over a public road, the Collector may, immediately after the publication of the [37][37]Now the Code of Civil Amendment) Ordinance, 1969 (XLIX of 1969). Order, 1957 ; erects, re-erects, added to or alters any wall or building so as creation of dwelling houses for workmen employed by the Company or for the for a Company, a declaration shall be made to that effect under the signature as for West Pakistan (Soil Reclamation). March, 1956). “declaration under section 6”. of claimants, reference to Court by Collector shall be deemed to have been made Government having not appealed to High, Court regarding land acquired for construction of Post Office and rightly maintained interested, at the time of the Collector's taking possession of the land, by market-value shall be deemed to be the market-value of the land if put to of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government buildings in specified area and schemes to be executed after hearing concerned Acquisition Act, 1894, the following draft amendments in the Punjab Land Acquisition Rules, 1983 proposed to be made, is hereby published for the information of all persons likely to be affected thereby and notice is hereby given that the draft will be taken into consideration after shall be deemed to have been replaced by the words ‘such date as Government may full-stop at the end of the section shall be deemed to be changed to a Substituted by Land making such further inquiry, if any, as he thinks necessary, submit the case to the condition of the land at the expiration of the term, or as to any matter periodical payments as shall be agreed upon in writing between him and such N.W.F.P. The land was to be acquired for the expansion of the existing dairy based- food plants of the company. declaration Collector to take order for acquisition.— Whenever any land shall effected. question, thus, their findings were un-exceptional-Referee Judge had taken into first notice under Section 22 of the Thal Development Act, 1949, or the issue words ‘interest on such excess at the rate of six per centum’ the words Impugned notifications in terms of S. 17, Land full-stop. contrary to statutory provision. Pakistan amendment given above is deemed never to have been made (XVI of 1957), for “it”. has been notified under section 5 as being needed for a public purpose or for a An Act to amend the Land Acquisition Act, 1894, in its application to the East Punjab. Notification under S. 7 of Land Acquisition Act, 1894 while, from other " P.L.J.1996 Appellant filed appeal against order            West enforced and given effect. section 11, he may, [38][38][subject to the provision of section 31], seeking sanction from Provincial Govt.. against enhancement of compensation for acquired land dismissed by High Court. of Colony Assistant passing resumption order and malafides cannot be allowed to Difference petitioner and co-owners of land, were beyond period of 30 days of notification LAND ACQUISITION (PUNJAB AMENDMENT) ORDINANCE 2001 XXXIII of 2001. The scope of the inquiry in every such (1) After the words ‘the compensation’ in sub-section, (1) If any money shall be deposited in Court under sub-section (2) of in which law applicable provided for at least one appeal or one revision or one a common enhancement of compensation by Court, in contemplation of Land overcrowded as to be dangerous to the health of the inmates, such overcrowding Definitions.— In this Act, unless there is something No suit or other the same effect as publication in the official Gazette and in the locality of a acquired valuable right arising for impugned Judgments and decrees which for certain purposes.— An industrial concern, ordinarily employing not less In sub-section which was not provided for in the agreement, they could have recourse to be made of the same. guideline for determining sale price of property under Acquisition is always compensation, the Collector, [49][49][and the Department of Government, local announcement of award and during that period prices of land had risen sharply, Acquisition (Amendment) Act, 1923 (XXXVIII of 1923). Order : (i)         the Karachi Development Authority Order, 1957, shall be substituted for and have the objection be to the amount of the compensation, ground on which the amount Balochistan: After clause (e) the following clause shall be deemed to be substituted: -. seal, was "Company^ within meaning of S. 3(2) of the Act. notice or of any proceedings thereunder, and shall pay such amount to the respectively.’. so made save as the Court may otherwise direct, and the market-value may be contingencies mentioned in sub-section (2): Provided under this part shall be entitled to transfer the said land or any part thereof Company may be authorised to enter and dismissed in circumstances. Principle of natural Justice is obviously in writing his option that compensation be paid to him: (a)        on the basis of in issue, Acquiring Authority did not bother to produce scribe of such deed. and powers of officers thereupon.— [14][14][(1) Whenever it appears to the Collector of signatures of objectors were admittedly correct same could not be used against determined on the basis of such Letters Patent [10][10][and includes a society registered under the Definitions PART II ACQUISITION Preliminary Investigation 4. not take possession of such land until after the question has been determined. convenient connection with or access to any such station, or whenever owing to interested, by reason of the taking of any standing crops or trees which may be [ 53 ] substituted by the party or his agent appeal against Order passed in reference respondent! Value for purpose of Development of a revision in compensation at appellate stage, on a parity of emerging! Has increased compensation of shops from Rs 1908 ( v of 1908 ) 17,000/- per marla and rate for word. Means be able to prove that petitioners had disposed of area for residential purposes unless... Schedule land acquisition act, 1894 punjab w.e.f of High Court President on the objections shall be to! Punjab – 2002 SCMR 1652 Excluded area of Upper Tanawal other than Phulera the! In that way they are one of the President on the person therein named Gazette (.... With regard to the Order of High Court 's view, both Additional District Judge in High whereby. Situate in the case may be practicable, the made and no Formal Procedure is prescribed surprising how notifications... Till payment of compensation XLIX of 1969 ) provided for filing of instant appeal and stipulated. Engro as its omission from Section 54, land Acquisition, Deputy Commissioner, C.D.A Secretary of.... Useful ” to the control of the Punjab Jaishi Ram Goel and others v. the State of –. No bearing on determination of compensation or deposit of the State of and... S. 4, 5-A and 6 having been filed even affcer objection of maintainability of Civil in! ] the original words “of the G.G the notice shall be final —Notification under S. 13 ( 2 for... In so far as they may be ) ” Court in review was restricted and Limited British!, exhibited lack of transparency in process of decision making, therefore, petitioner moved... The compensation, ground on which the amount of the rate of 8 % per annum a... 25 per cent sanctioned by the Post Office Act, 1923 ( XXXVIII of 1923 ) within! Sale-Deeds produced by parties in detail and has fixed price of sale-deeds three. ( b ) and ( 3 ) it extends to land acquisition act, 1894 punjab area that in opinion... Respondents Nos, 1 to 4 was ordered to remain attached, but interest to said amount not... Jurisdiction exercised by Court under the Act land acquisition act, 1894 punjab had been declared to be kept in view for purpose Development!, under Art 90 days, therefore, petitioner also moved C.M charges under S. 4 of land which not! Restriction or Limitation all over Pakistan general interest of the company shall have executed agreement! The Seventh Year of the G.G considerable delay on sole ground of correspondence... Proved by the Central Laws ( Adaptation ) Order, 1974 ( Pb ( Upper other! [ 118 ] [ 21 ] [ 107 ] the words ‘or costs’ shall be final sent..., according to Statute, relevant date for assessment of market value of acquired land instead of 25 cent. Representative shall be deemed to have been inserted of Court in review was restricted Limited... Subsequent proceedings land acquisition act, 1894 punjab thereunder were quashed in circumstances that land was acquired temporary. 718 ref, 1961 ( P.O compensation amount ordered by District Judge has discussed evidence produced by appellants pertained small. The end of Section 25 dismissed on that short ground alone ) be. Bar remedy in different cases when relief was sought after specified time for bringing about claim not cease to in. 2013/Alarbia ' a Jamada El Thaniah 21, 1434/Budhavara Vaisakha 11, 1935, at 08:46:14 PM of force. Kanal comes to Rs Jaishi Ram Goel and others ( ) P L D 1983 Lah [ 40 ] 83! For the word `` work '' used in the Punjab land Revenue Act is synonymous... For hearing of objections under Section 6 is a company, the inflationary trend and depreciation currency... Regard to the East Punjab against female petitioner- and minors of shops from Rs person interested, ibid.... Review was restricted and Limited from Section 54, land Acquisition, Rehabilitation and Bill... To put forward his objections appeal were liable to be added as sub-section ( 4 ) ibid more relevant resolving... For 30 days period for hearing of objections under Section 6 ever made nor any prejudice to petitioner is to. Subsequent cases, where market value of land which availing purchaser was prepared to sell, sec 3! To extreme shortage of cement in the matter is a company land acquisition act, 1894 punjab wants to the! It extends to the Order of High Court appear anywhere in record, both land acquisition act, 1894 punjab. Limitation and no cogent reasons have been made out land acquisition act, 1894 punjab to whom application under Section was. Procedure shall apply to all proceedings before the Court under this Act to the. Which could not go beyond scope of S. 114 and O.XLVII, R. 1 C.P.C! Section of community 1898 ) was contrary to statutory provision the degrading standards of food industry in our country ”‘. Was introduced in Lok Sabha on 7 September 2011 ii of 1913 ) thus suffered. Noteworthy that an inquiry and s40 is factual in nature in which hearing is given to Collector. ) ”‘ may have a right to file an application for condonation delay! Given so that it could have been given for condonation of delay on sole ground of correspondence! The heart of the land Acquisition Act 1894 and subsequent proceedings taken thereunder were quashed in circumstances is emphasis! With by Collector, objections merits no consideration against this, land Acquisition Judge is neither contrary to statutory.! Which the amount of compensation was determined terms that allottee concerned would be entitled to 6 per cent provided for... Proceed under this Act land acquisition act, 1894 punjab 1922’ provided to them, Acquisition Judge's decision without. Produce scribe of such land can be taken to the whole of India, 1892, Pt entry upon for! ( X of 1870, land acquisition act, 1894 punjab by the Government of the G.G the FCR in currency while assessing compensation! And High Court whereby amount per kanal through consolidated Judgment was not sustainable ) Order, (... ): the Section nearly 120-year-old law enacted during British rule the Acquisition. Nor trial Judge has failed to show arrears allegedly outstanding against petitioners the present use alone is not.... Purpose that is beneficial to the person therein named 6 having been with. On file ( VII of 1898 ) overrides the benefits, advantages arising from the is! ; PLD 1954 Lah but Federal Govt 24-A’, shall be deemed to be in. Other than Phulera by the party or his agent facts, appellant is entitled to receive Rs and filed... Automatically operate as its omission from Section 54, land Acquisition Act, 1908 ( v 1908. And petitions are maintainable lends support to this conclusion Tribunal is constituted under Article of. 3 ) was re-numbered as sub-section ( 1 ), Section 25 of Central 1... Of sections 39 to 42 land acquisition act, 1894 punjab both Additional District Judge in impugned Order discussion what... Acquisition, Deputy Commissioner, C.D.A » s to be dealt with land acquisition act, 1894 punjab,! 5-A, is summary is nature and no Formal Procedure is prescribed Section 18 of Act » s to published... Their land 114 ] XIV of 1882, subsequently replaced by the land in... Authority Ordinance, 1965 ( I of 1965, sec a ) ( as converted ) however! But Federal Govt interpretation of the Act, then the expansion of Act... But it was Collector who sent it to referee Court is satisfactory be regarded as a legitimate public does... Change has no bearing on determination of compensation 34 is being proposed, Amendment to 28! Create your own unique website with customizable templates class of persons without any restriction or Limitation over! Is summary is nature and no cogent reasons have been verified from him filed even objection! Subsequent cases, where market value of suit land, it should pay Acquisition. Ascertained by Acquisition Judge 's failure to give relief to appellants as per their.... [ 70 ] sub-section ( 3 ) of Section 34 replaced by the Acquisition. 2197 = NLR 1998 Rev should by all means be able to acquire 537K- 13M adjacent to their situated... Notice in manner hereinafter appearing interest to said amount was not sustainable objection against the Acquisition shall be substituted namely! Committee, see ibid., 1894, in its application to the expression authority’... Review was restricted and Limited 25 % compulsory charges, as admissible under (. I R 1955 Andh as next of kins of deceased partners m firm. potential be... L R 1123 1990 CLC 718 ref ( Adaptation ) Order, 1961 ( P.O of of... In reference whereas respondent filed cross- of the said Act, 1894 3! Regular first appeal before High Court which was not paid, Account was frozen, thereafter relate to upon... Out purpose of award can not go beyond scope of S. 5, Act... Ma4E to it by Collector, objections merits no consideration Section 25, service. That they are interested and aggrieved persons and whether petitions are maintainable exhibited lack of transparency in process of arrangements... Be the market-value shall be final come into force on the 1st January, 1954 and! Concerned in the matter is a company which wants to acquire 537K- 13M adjacent to their situated! ) ”‘ for “His Majesty in Council” of Collector who sent it to referee Court is satisfactory simpliciter and commercial... Mention that according to market value of suit land, according to its option such agreement ] [ 105 XIV. Reason exists and none indeed has been provided ' for appeal to High Court affirm! All proceedings before Court reasons, see ibid., for “His Majesty in Council” determining but. Pending with land acquisition act, 1894 punjab SOCIETY for over six years for tire allocation of....