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THE LAND
ACQUISITION ACT, 1894
(Act I of 1894)
C O N T E N T S
PART I
PRELIMINARY
Sections
1. Short title, extent and commencement.
2. [Repealed]
3. Definitions
PART II
ACQUISITION
Preliminary Investigation
4. Publication of preliminary notification and powers of officers thereupon.
5. Notification that particular land is needed for a public purpose or for a Company.
Objections
5-A. Hearing of objections.
Declaration of intended acquisition
6. Declaration that land is required for a public purpose.
7. After declaration Collector to take order for acquisition.
8. Land to be marked out, measured and planned.
9. Notice to persons interested.
10. Power to require and enforce the making of statements as to names and interests.
Enquiry into measurements, value
and claims, and award by the Collector
11. Enquiry and award by Collector.
12. Award of Collector when to be final.
12-A. Correction of mistake.
13. Adjournment of enquiry.
14. Power to summon and enforce attendance of witnesses and production of documents.
15. Matters to be considered and neglected.
Taking possession
16. Power to take possession.
17. Special power in cases of urgency.
PART III
REFERENCE TO COURT AND
PROCEDURE THEREON
18. Reference to Court.
19. Collector's statement to the Court.
20. Service of notice.
21. Restriction on scope of proceedings.
22. Proceedings in open Court.
22-A. Cross objection.
23. Matters to be considered in determining compensation.
24. Matters to be neglected in determining compensation.
25. Rules as to amount of compensation.
26. Form of awards.
27. Costs.
28. Collector may be directed to pay interest on excess compensation.
PART
IV
APPORTIONMENT
OF COMPENSATION
29. Particulars of apportionment to be specified.
30. Dispute as to apportionment.
PART V
PAYMENT
31. Payment of compensation or deposit of the same in Court.
32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate.
33. Investment of money deposited in other cases.
34. Payment of interest.
PART
VI
TEMPORARY
OCCUPATION OF LAND
35. Temporary occupation of waste or arable land. Procedure when difference as to compensation exists.
36. Power to enter and take possession, and compensation on restoration.
37. Difference as to condition of land.
PART
VII
ACQUISITION
OF LAND FOR COMPANIES
38. Company may be authorised to enter and survey.
38-A. Industrial concern to be deemed Company for certain purposes.
39. Previous consent of Executive District Officer (Revenue) and execution of agreement necessary.
40. Previous enquiry.
41. Agreement with Provincial Government.
42. Publication of agreement.
43. Sections 39 to 42 not to apply where Government bound by agreement to provide land for Companies.
43-A. Restrictions on transfer, etc.
44. How agreement with Railway Company may be proved.
PART
VIII
MISCELLANEOUS
45. Service of Notices.
46. Penalty for obstructing acquisition of land.
47. Magistrate to enforce surrender.
48. Completion of acquisition not compulsory, but compensation to be awarded when not completed.
49. Acquisition of part of house or building.
50. Acquisition of land at cost of a local authority or Company.
51. Exemption from stamp duty and fees.
52. Notice in case of suits for anything done in pursuance of Act.
53. Code of Civil Procedure to apply to proceedings before Court.
54. Appeals in proceedings before Court.
55. power to make rules.
[1]THE LAND ACQUISITION, ACT, 1894
(Act I of 1894)
[2 February 1894]
An Act to amend the law for the acquisition of land for public purposes and for Companies.
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
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Land Acquisition Act, 1894;
[2][(2) It extend to the whole of Pakistan]; and
(3) It shall come into force on the first day of March 1894.
2. [Repeal]. Repealed partly by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II, and partly by the Repealing Act, 1938 (I of 1938), section 2 and Schedule.
3. Definitions.— In this Act, unless there is something repugnant in the subject or context:-
(a) the expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth:
(b) the expression “person interested” include all persons claiming an
interest in compensation to be made on account of the acquisition
of land under
this Act; and a person shall be deemed to be interested in land if he is
interested in an easement affecting the land;
(c) the expression “Collector” means the Collector of a district, and
includes a
[3][District Officer (Revenue)] and any officer
specially appointed by the
[4][Board of Revenue or
[5][Executive District Officer (Revenue)]] to perform
the functions of a Collector under this Act:
[6][(d) the
expression “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 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]:
(e) the expression “Company” means a Company
registered under the
[7][Companies Ordinance, 1984], or under the
(English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament
[8][of the United Kingdom] or
[9][by a Pakistan law], or by Royal Charter or
Letters Patent
[10][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[11]]:
(f) the expression “public purpose” includes the
provision of village-sites in districts in which the
[12][Provincial Government] shall have declared by
notification in the official Gazette that it is customary for the Government to
make
such provision: and
(g) the following persons shall be deemed persons “entitled to act” as
and to the extent hereinafter provided (that is to say)—
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 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 XXXI of the [13]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
Preliminary
Investigation
4. Publication of preliminary notification and powers of officers thereupon.— [14][(1) Whenever it appears to the Collector of the District that land in any locality is needed or is likely to be needed for any public purpose or for a Company, a notification to that effect shall be published 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 [15][the Collector of the District] in this behalf, and for his servants and workmen,—
to enter upon and survey and take levels of any land in such locality;
to dig or bore into the subsoil;
to do all other acts necessary to ascertain 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 mark such levels, boundaries and lines by placing marks and cutting trenches; and,
where otherwise the survey cannot be completed and the levels taken and the boundaries and lines 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 seven days' notice in writing of his intention to do so.
[16][(3) The
officer so authorised shall at the time of such entry pay or tender payment for
all necessary damage to be done as aforesaid,
and, in case of dispute as to the
sufficiency of the amount so paid or tendered, he shall at once refer the
dispute to the decision
of the Collector or other chief revenue officer of the
District, and such decision shall be final].
[17][5. Notification that particular land is needed for
a public purpose or for a Company.—
Where land is to be acquired for a public purpose, the
[18][Executive
District Officer (Revenue)], and where land
is to be acquired for a Company, the Provincial Government, is satisfied, after
considering the result of the survey,
if any, made under sub-section (2) of
section 4, or if no survey is necessary, at any time, that any particular land
included in
a locality notified under sub-section (1) of section 4 is needed
for a public purpose or a Company, as the case may be, a notification
to that
effect shall be published in the official Gazette, stating 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 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].
[19][Objections
5-A. Hearing of objections.— (1) Any person interested in any land which has been notified under section 5 as being needed for a public purpose or for a Company may, within thirty days after the issue of the notification, object to the acquisition of the land or of any land in the locality, as the case may be.
(2) Every objection under sub-section (1) shall
be made to the Collector in writing, and the Collector shall give the objector
an opportunity
of being heard either in person or by pleader and shall, after
hearing all such objections and after making such further inquiry,
if any, as
he thinks necessary, submit the case for the decision of the
[20][Executive District Officer (Revenue)] together
with the record of the proceedings held by him and a report containing his
recommendations
on the objections. The decision of the
[21][Executive District Officer (Revenue)] on the
objections shall be final.
(3) Where land is needed for a Company, the Collector shall, after making such enquiries as he deems necessary, also make his recommendations to the [22][Executive District Officer (Revenue)] with regard to the area that in his opinion is reasonable for the purpose.
(4) For the purpose of this section, 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 this Act.]
Declaration
of intended acquisition
6. Declaration that land is required for a
public purpose.— (1) Subject, to
the provisions of Part VII of this Act,
[23][when the
[24][Executive District Officer (Revenue)] is
satisfied, after considering the report, if any, made under section 5-A,
sub-section (2)],
that any particular land is needed for a public purpose, or
for a Company, a declaration shall be made to that effect under the signature
of
[25][Executive District Officer (Revenue)] or of some
officer duly authorised to certify
[26][such] order:
Provided that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority.
(2) The declaration shall be published in the official Gazette, and shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and, where a plan shall have been made of the land, the place where such plan may be inspected.
(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after making such declaration, the [27][Executive District Officer (Revenue)] may acquire the land in manner hereinafter appearing.
[28][(4) When the area in respect of which the said declaration is made is less than the area previously notified under sub-section (1) of section 4, such previous notification, so far as it relates to the excess area, shall be deemed to have been superseded by the said declaration].
7. After declaration Collector to take order for
acquisition.— Whenever any land
shall have been so declared to be needed for a public purpose or for a Company,
the
[29][Executive District Officer (Revenue)], or some
officer authorised by the
[30][Executive District Officer (Revenue)] in this
behalf, shall direct the Collector to take order for the acquisition of the
land.
8. Land to be marked out, measured and planned.— The Collector shall thereupon cause the land
(unless it has been already marked out under section 4) to be marked out. He
shall also
cause it to be measured, and if no plan has been made thereof, a
plan to be made of the same.
9. Notice to persons interested.— (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.
(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 time and place therein
mentioned (such time not being earlier than fifteen 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
8. The Collector
may in any case require 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, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent , the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and registered under Part III of the [31]Indian Post Office Act, 1866.
[32][(5) The
Collector shall also serve notice of the enquiry to be held under section 11
(such notice not being less than fifteen days prior
to the date fixed under
sub-section (2) for determination of claims and objections) on the Department
of Government, local authority
or Company, as the case may be, for which land
is being acquired, and require it to depute a duly authorised representative to
attend
the enquiry on its behalf for the purpose of making objections (if any)
to the measurement of the land, claims to any interest in
the land or the
amount of any compensation. Such authorised representative shall be a party to
the proceedings].
10. Power to require and enforce the making of statements as to names and interests.— (1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.
(2) Every person required to make or deliver a
statement under this section or section 9 shall be deemed to be legally bound
to do so
within the meaning of sections 175 and 176 of the Pakistan Penal Code.[33]
Enquiry into
measurements, value and claims
and award by the Collector.
11. Enquiry 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 any person interested
[34][and a Department of Government, a local
authority, or a Company, as the case may be], has stated pursuant to a notice
given under
section 9 to the measurements made under section 8, and into the
value of the land
[35][at the date of the publication of the
notification under section 4, sub-section (1)], and into the respective
interests of the persons
claiming the compensation and shall make an award
under his hand of—
(i) the true area of the land;
(ii) the compensation which in his opinion should be allowed for the land; and
(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him.
12. Award of Collector when to be final.— (1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionment of the compensation among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.
[36][12-A. Correction of mistake.— Any clerical or arithmetical mistake in the award arising therein from any accidental slip or omission may, at any time, be corrected by the Collector either of his own motion or on the application of any of the parties].
13. Adjournment of enquiry.— The collector may, for any cause he thinks fit, from time to time, adjourn the enquiry to a day to be fixed by him.
14. Power to summon and enforce attendance of witnesses and production of documents.— For the purpose of enquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the [37]Code of Civil Procedure.
15. Matters to be considered and neglected.— In determining the amount of compensation the Collector shall be guided by the provisions contained in sections 23 and 24.
Taking
possession
16. Power to take possession.— When the Collector has made an award under section 11, he may, [38][subject to the provision of section 31], take possession of the land, which shall thereupon [39][vest absolutely in the [40][Government]] free from all encumbrances.
[41][17. Special power in cases of urgency.— (1) In cases of urgency, whenever the [42][Executive District Officer (Revenue)] so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from publication of the notice mentioned in sub-section (1) of section 9, take possession of any land needed for public purposes or for a Company. Such land shall thereupon vest absolutely in the Government, free from all encumbrances:
Provided
that the
[43][Executive District Officer (Revenue)] shall not
issue any direction to the Collector under this sub-section unless the
Department
of Government, the local authority, or Company, as the case may be,
for which the land is being acquired, has first deposited the
estimated cost of
acquisition of such land as determined by the Collector of the district,
keeping in view the provisions of sections
23 and 24.
(2) Whenever,
owing to any sudden change in the channel of any navigable river or other
unforeseen emergency, it becomes necessary for
any Railway Administration to
acquire the immediate possession of any land for the maintenance of their
traffic or for the purpose
of making thereon a river-side or ghat station, or of providing convenient
connection with or access to any such station, or whenever owing to a similar
emergency it becomes
necessary for the
[44][Executive District Officer (Revenue)] to acquire
the immediate possession of any land for the purposes of maintaining traffic
over
a public road, the Collector may, immediately after the publication of the
notice mentioned in sub-section (1) and with the previous
sanction of the
[45][Executive District Officer (Revenue)], enter upon
and take possession of such land, which shall thereupon vest absolutely in the
Government free from all encumbrances:
Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.
(4) In cases where in the opinion of the [46][Executive District Officer (Revenue)], the provisions of sub-section (1) or sub-section (2) are applicable, the [47][Executive District Officer (Revenue)] may direct that the provisions of sections 5 and 5-A shall not apply, and, if he does so direct, a declaration may be made under section 6 in respect of the land at any time after the publication of the notification under sub-section (1) of section 4].
PART
III
REFERENCE TO COURT
AND PROCEDURE THEREON
18. Reference to Court.— (1) Any person interested who has not accepted
the award may, by written application to the Collector, require that the matter
be
referred by the Collector for the determination of the Court, whether his
objection be to the measurement of the land, the amount
of the compensation,
the person to whom it is payable, or the apportionment of the compensation
among the persons interested.
(2) The application shall state the grounds on which objection to the award is taken:
Provided that every such application shall be made,—
(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;
(b) in other cases, within six weeks of the receipt of the notice from the collector under section 12, sub-section (2) or within six months from the date of the Collector's award, whichever period shall first expire.
[48][(3) Notwithstanding anything to the contrary contained in section 21, the Provincial Government may, if it has not accepted the award, refer the matter to the Court within a period of six months from the date of announcement of the award ; provided that the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry into and determination of the objection against the award].
19. Collector's statement to the Court.— (1) In making the reference, the Collector shall
state for the information of the Court, in writing under his hand,—
(a) the situation and extent of the land, with particulars of any trees, building or standing crops thereon;
(b) the names of the persons whom he has reason to think interested in such land;
(c) the amount awarded for damages and paid or tendered under sections 5 and 17, or either of them and the amount of compensation awarded under section 11; and
(d) if the objection be to the amount of the compensation, ground on which the amount of compensation was determined.
(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested respectively.
20. Service of notice.— The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the court on that day, to be served on the following persons, namely:-
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector, [49][and the Department of Government, local authority or Company, as the case may be, for which land is being acquired].
21. Restriction on scope of proceedings.— The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.
22. Proceedings in open Court.— Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the province shall be entitled to appear, plead and act (as the case may be) in such proceeding.
[50][22-A. Cross objection.— The Provincial Government, or a local authority or a Company for which land is being acquired, may lodge a cross objection to the objection made by any person interested and the Court may reduce the amount awarded by the Collector if it considers it just and proper].
23. Matters to be considered in determining compensation.— (1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration—
first, the market-value of the land at the date of the publication of the [51][notification under section 4, sub-section (1)].
[52][Explanation—
For the purpose of determining the market-value, the Court shall take into
account transfer of land similarly situated and in similar
use. The
potential-value of the land to be acquired if put to a different use shall only
be taken into consideration if it is proved
that land similarly situated and
previously in similar use has, before the date of the notification under
sub-section (1) of section
4, been transferred with a view to being put to the
use relied upon as affecting the potential value of the land to be acquired:
Provided that—
(i) if the market-value has been increased in consequence of the land being
put to a use which is unlawful or contrary to public policy
that use shall be
disregarded and the market-value shall be deemed to be the market-value of the
land if it were put to ordinary
use; and
(ii) if the market-value of any building has been increased in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded and the market-value shall be deemed to be the market-value of the building if occupied by such number of persons only as can be accommodated in it without risk of danger to health from overcrowding].
secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's 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;
fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land.
[53][(2) In addition to the market-value of the land as above provided, the Court shall award a sum of fifteen per centum on such market-value, in consideration of the compulsory nature of the acquisition, if the acquisition has been made for a public purpose and a sum of twenty-five per centum on such market-value if the acquisition has been made for a Company].
24. Matters to be neglected in determining compensation.— But the Court shall not take into consideration—
first, the degree of urgency which has led to the acquisition;
secondly, any disinclination of the person interested to part with the land acquired;
thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put;
fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put ; or
seventhly, 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 [54][notification under section 4, sub-section (1)].
25. Rules as to amount of compensation.— (1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed [55][* * *].
(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector.
(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector.
26. Form of awards.—
[56][(1)] Every award under this part shall be in
writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23,
and also the amounts (if any) respectively awarded under each of the other
clauses of the same sub-section,
together with the grounds of awarding each of
the said amounts.
[57][(2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgement within the meaning of section 2, clause (2), and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908[58]].
27. Costs.— (1) Every such award shall also state the amount of costs incurred in the Proceedings under this part, and by what persons and in what proportions they are to be paid.
(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs.
28. Collector
may be directed to pay interest on excess compensation.— If the sum which, in the opinion of the Court,
the Collector ought to have awarded as compensation is in excess of the sum
which
the Collector did award as compensation, the award of the Court may direct
that the Collector shall pay
[59][compound interest on such excess at the rates of
eight per centum] per annum from the date on which he took possession of the
land
to the date of payment of such excess into Court.
[60][Provided that in all cases where the Court has directed that Collector shall pay interest on such excess at the rate of six per centum from the date on which possession was taken and the payment of compensation or a part thereof has not been made up to the commencement of the Land Acquisition (West Pakistan Amendment) Act, 1969, the rate of compound interest on such excess on balance shall be eight per centum].
PART
IV
APPORTIONMENT OF
COMPENSATION
29. Particulars
of apportionment to be specified.—
Where there are several persons interested, if such persons agree in the
apportionment of the compensation, the particulars of such
apportionment shall
be specified in the award, and as between such persons the award shall be
conclusive evidence of the correctness
of the apportionment.
30. Dispute as to apportionment.— When the amount of compensation has been settled
under section 11, if any dispute arises as to the apportionment of the same or
any
part thereof, or as to the persons to whom the same or any part thereof is
payable, the Collector may refer such dispute to the decision
of the Court.
PART
V
PAYMENT
[61][31. Payment of compensation or deposit of the same in Court.— (1) When the Collector has made an award under section 11—
(a) if
the persons interested entitled to compensation under the award and the
Provincial Government accept the award and intimate their
acceptance in writing
to the Collector before the expiry of the period prescribed in sub-section (2)
of section 18 for making an
application to the Collector for referring the
award to the Court, or in sub-section (3) of the said section for referring the
award
to the Court by the Provincial Government, whichever is later, or if the
period specified in sub-section (2) of the said section
for making an
application to the Collector or in sub-section (3) for referring the award to
the Court has expired and no such application
or reference has been made, the
Collector shall, before taking possession of the land, tender payment of the
full amount of compensation
awarded by him to the persons entitled thereto
according to the award, and shall pay it to them unless prevented by some one
or more
of the contingencies mentioned in sub-section (2);
(b) if
the persons interested entitled to compensation under the award or the
Provincial Government object to the award and an application
has been made to
the Collector under sub-section (2) of section 18 for referring the award to
the Court or the award has been referred
to the Court by the Provincial
Government under sub-section (3) of that section, the Collector shall, before
taking possession of
the land, tender payment of the compensation awarded by
him or the estimated cost of acquisition of such land as determined by the
Collector of the district under sub-section (1) of section 17, whichever is
less, to the persons entitled thereto under the award
and shall pay it to them
unless prevented by some one or more of the contingencies mentioned in
sub-section (2):
Provided that no payment under clause (b) shall be made until the person entitled to compensation furnishes to the satisfaction of the Collector a security for refund of the amount, if any, which may subsequently be found to be in excess of the compensation awarded to him by the Court].
(2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted:
Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18:
Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.
(3) Notwithstanding anything in this section the Collector may, with the sanction of the [62][Executive District Officer (Revenue)] instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, the remission of land-revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned.
(4) Nothing in the last foregoing sub-section shall be construed to interfere with, or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contact in respect thereof.
32. Investment of money deposited in respect of
lands belonging to persons incompetent to alienate.— (1) If any money shall be deposited in Court
under sub-section (2) of the last preceding section and it appears that the
land in
respect whereof the same was awarded belonged to any person who had no
power to alienate the same, the Court shall—
(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held, or
(b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as the Court shall think fit;
and shall direct the payment of the interest or
other proceeds arising from such investment to the person or persons who would
for
the time being have been entitled to the possession of the said land, and
such moneys shall remain so deposited and invested until
the same be applied—
(i) in the purchase of such other lands as aforesaid; or
(ii) in payment to any person or persons becoming absolutely entitled thereto.
(2) In all cases of moneys deposited to which this section applies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incidental thereto, to be paid by the Collector, namely:-
(a) the costs of such investments as aforesaid;
(b) the costs of the orders for the payment of the interest or other proceeds of the securities upon which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.