Introduction

Land acquisition refers to the process by which the government forcibly acquires private property

for public purpose without the consent of the land owner, which is different from a market purchase

of land. The laws on acquisition deprive them of land which is their only source of livelihood. A

large number of such laws have been enacted which include both the central and state laws. These

laws have various provisions relating to the process of acquisition and entitlements of the affected

persons. Of them, the Land Acquisition Act, 1894 of the central government is the most widely

used for the purpose of land acquisition. The dimensions of this which have adverse implications

for those affected by its use relate to its conceptual frame, norms of applicability, range of

entitlements, mode of participation, and design. (Chandan, 2016)

Land Acquisition Act

The Land Acquisition Act, 1894 is a law in Pakistan that allows the government to acquire private

land in those countries. “Land Acquisition” literally means the acquisition of land for some public

purpose by a government agency from individual landowners, as authorized by the law, after

paying a government-fixed compensation to cover losses incurred by landowners from

surrendering their land to the concerned government agency. The Land Acquisition Act was

enacted with intent to further governmental purposes like roads and railway, police stations etc.

The Land Acquisition Act 1894 was passed in order to remove certain anomalies in the existing

system of land acquisition as laid down by the previous legislation Act X of 1870. (Chandan, 2016)

Doctrine of eminent domain:

Eminent Domain means State sovereign power to take property for public cause without owner’s

consent, coupled with the obligation to make good to the loss and it is the power of the State to
 appropriate any land from a private person for a public purpose. It is the ability to take privately

owned property. In justification of the eminent domain power, two maxims are often cited:

 Salus Populi Est Supreme Lex

 necessitas publica major est quam private.

Salus Populi Est Supreme Lex

Means welfare of the people is only consideration may be said to be the corner stone of the law of

the land. The maxim means that ‘regard for the public welfare is the highest law’. This is based on

the implied agreement of every member of society that his own individual welfare shall in cases

of necessity yield to the community and that his property, liberty etc.

 Necessitas publica major est quam private

This maxim gives immense powers to the State acquiring land for public purpose. State can

expropriate property rights through compulsory acquisition processes. Compulsory acquisition

law, as a restraint on the property right of individual therefore, people cannot sell-off their property

as per their wish.

Somawati v. State of Punjab

The Supreme Court held that object of the Land Acquisition Act was to empower the government

to acquire land only for public purposes or for a company. (Chandan, 2016)

History of Land Acquisition in the Sub Continent and the Law applicable in Pakistan

The concept of land acquisition in the Sub-continent was brought into operation by the British by

promulgation of Regulation 1 of 1824 of the Bengal Code. The first legislation applicable to the
whole of India was Act VI of 1857. Thereafter, several other enactments were promulgated such

as Act XXXVIII of 1839, Acts I, XVII and XLII of 1850, Act XX of 1852 and Act I of 1854. After

the Act X of 1870, the Land Acquisition Act, 1894 (the Act) was promulgated. The Act and the

laws framed prior to it envisage monetary compensation for the land acquired. After emergence of

Pakistan as an independent country, the Act continued to apply to Pakistan under the provisions

of the Government of India Act, 1935 and the Indian Independence Act, 1947. In 1949, the Act

was adopted vide Governor General’s Order (IV/1949).

Constitution of the Islamic Republic of Pakistan, 1973:

Presently the Act derives its sanctity under Article 24 of the Constitution. Article 24 can be treated

as an exception to Article 231 of the Constitution.

Article 24(1) provides that:

No person shall be deprived of his property save in accordance with law.

Article 24(2) provides that:

No property shall be compulsorily acquired or taken possession of save for a public purpose and

save by the authority of law, which provides for compensation therefore and either fixes the

amount of compensation or specifies the principles, and the manner in which compensation is to

be determined and given. Land acquisition is not covered by either the Federal Legislative List or

the Concurrent Legislative List. According to Article 142(c) of the Constitution when a subject is

not covered by either list, the Provincial Assembly alone is authorized to pass laws on the subject.

However, in the present situation the Act continues in full force and effect as a Federal legislation

by virtue of Article 268(1) of the Constitution as an existing law.

Articles 152 and 173 of the Constitution also relate to land acquisition. Article 152 relates to

acquisition of land situated in a province at the direction, on behalf of and at the expense of the
 Federal Government for any purpose with respect to which the Parliament (Majlis-e-Shoora) has

power to make laws. This Article also provides for transfer of land owned by a Provincial

Government to the Federal Government by agreement. If no agreement can be reached, an

arbitrator appointed by the Chief Justice of the Supreme Court of Pakistan (Supreme Court)

decides the matter. Under Article 173(1), the executive authority of the Federation and a Province

extends to the purchase or acquisition of property on behalf of, the Federal Government or, as the

case may be, the Provincial Government. Sub-Article (2) of Article 173 provides that all property

acquired for the purposes of the Federation or of a Province, shall vest in the Federal Government

or, as the case may be, in the Provincial Government. (kalanauri, 2018)

The Purpose of the Land Acquisition Act 1894:

 To fulfill the needs of government and companies for land required by them for their projects.

 To determine and pay compensation to those private person or bodies whose land is so acquired

the exercise of the power of acquisition has been limited to public purposes. (kalanauri, 2018)

Land Acquisition and resettlement laws in the province of Punjab

The Act as amended from time to time is the primary law for the purpose of land acquisition in

the Province of Punjab. Purposes of acquisition of land, the Government of Punjab has also framed

the Punjab Land Acquisition Rules, 1983 under Section 55 of the Act. The Act and the 1983 Rules

have to be read together. There are no regulations under the Act, nor is there any provision for

framing the regulations under the Act. Although the Act is a federal legislation, however, as per

Article 142(c) of the Constitution, a Provincial Assembly is competent to amend the Act. The Act

as amended is applicable to the Province of Punjab by virtue of West Pakistan Ordinance1969.

(Chandan, 2016)
LEGAL REQUIREMENTS AND PROCESS FOR LAND ACQUISITION ACT

This Act provides different acquisition procedures depending on whether the acquisition is

needed on an urgent or normal basis. With some variations, the Act also provides for

acquisition of land for companies, temporary acquisition of land and acquisition of part

of a house etc. (kalanauri, 2018)

Process of Land Acquisition in Normal Cases

Preliminary Investigations and Notification under Section 4

In normal cases of acquisition the process starts with the acquiring agency submitting an

application to the Collector of the District concerned in the form prescribed by the Board of

Revenue (BOR). The acquiring agency gives full justification of the public purpose involved and

the minimum area required by it with full details of all other areas owned by it in the same

locality. On receipt of such application, the Collector of the District examines its

feasibility, genuineness of public purpose. In case the Collector of the District is satisfied that the

land is likely to be needed for any public purpose or for a company and the

land are acquired for the acquiring agency, he directs the issuance of a

notification under Section 4 of the Act to be published in the official gazette.

This notification contains name of the revenue estate/village or locality, broad

details of the dimensions and boundaries of the square or rectangles, field

number and the approximate area to be acquired. These particulars are taken from revenue record.
 After publication of notification under Section 4, the land acquisition collector causes public notice

to be given at convenient places in the located of the land to be acquired. It contains the substance

of notification. Under the Act it is mandatory to give public notice.

 According to section 4 notifications is not a final decision of the government to acquire land but

it is only a preliminary step towards acquisition. (kalanauri, 2018)

 The Act does not define "acquiring agency". However, it has been defined in Rule 2 (1) 1983.

Case

PLJ 1990 Lahore 208

It was held that individuals are not included in the acquiring agency according to the definition.

Allocation of Land, Hearing of Objections and Provisional Determing

Compensation

After issuance of notification under Section 4, the Collector of the District

determines the estimated price of land. Such price is then provided by the

acquiring agency. The Collector of the District then deposits the same in treasury

and places the fund at the disposal of the land acquisition collector. The estimated price of

land worked out by the Collector of the District is approved, by the LAC, EDO and the BOR up

to Rs.2,500,000.

Ruling in 1983:

Lahore high court held that both the BOR and the LAC must independently assess the price of

The land .The land acquisition collector could not simply accept the price considered by board of

revenue. The value of land is the price prevailing on the date of publication of notification

under Section 4(1). Further, according to the 1983 Rules while calculating the
 estimated price of land, the classification of land and the average market price of

similar kind of land prevailing during the preceding one year from notification Under Section 4.

The Collector of the District issues valuation lists of urban properties while the

BOR issues such general price lists relating to agricultural land.

Together with the draft notification under Section 540, the Collector of the District

forwards the following certificates and information to the executive officer certificate of

placement of estimated cost of land at the disposal of the Land acquisition collector etc. After

issuance of notification under Section 4 and completion of formalities

detailed above a notification under Section 5 is issued and published in the

official gazette by the Executive district officer.

 Section 5-A provides an opportunity of hearing to all persons interested in the

land which has been notified under Section 5. The objections may be raised

against the acquisition itself and have to be filed before the Land acquisition collector within 30

days of the issuance of notification.

 For making such further inquiries as may be considered necessary by the LAC, he

submits his report along with the record of the proceedings and his

recommendations on objections to the Executive district officer within a period of 90 days. The

decision of the EDO on the objections is final.

 In case where the executive district officer is satisfied then the proceedings under Section 5-A, a

declaration are issued by him that any particular land is needed for a public purpose or for a

company. (Chandan, 2016)

 The essential particulars of this declaration are where a sufficient description of the

land to be acquired and situation of the property the purpose of acquisition;

and the place where the plan, if any, may be inspected etc. This declaration has to be issued within

6 months from the date of publication of

notification under Section 5. However, the BOR may extend time for issuance of

such declaration up to a maximum period of 60 days. In case declaration under

Section 6 is not published within the prescribed or extended time the whole

process comes to an end. (kalanauri, 2018)

Bibliography
Chandan, L. (2016). Process of Land Acquisition. 13.

kalanauri, z. i. (2018). Analysis of the law of the land acquisition. 120.