LAND
ACQUISITION ACT, 1894
(1 OF 1894)
[2nd February, 1894]
An Act to amend the law for the acquisition
of land for public purposes and for Companies
PART II
Acquisition
Preliminary
Investigation
4. Publication of preliminary notification
and powers of officers thereupon : (1) Whenever it appears to the
Provincial Government that land in any locality is needed or is likely to be
needed for any public purpose, 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 such Government 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 line marked, to cut down
and clear away any part of any standing crop, fence or jungle:
Provided that no person shall enter into
any building or upon any enclosed Court or garden attached to a dwelling‑house
(unless with the consent of the occupier thereof) without previously giving
such occupier at least seven days' notice in writing of his intention to do so.
PROVINCIAL AMENDMENTS
(a) For
sub‑section (1), the following sub‑section shall be substituted,
namely:
"(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";
(b) in sub‑section (2), for the words "Commissioner
or the Board of Revenue", the words "Collector of the District"
shall be substituted; and
(c) after sub‑section (2), as so modified, the following
new sub‑section shall be added, namely:‑‑
"(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".
Land Acquisition (
Notification under
Section 4 and declaration under Section 6 to be replaced by Notification under Secs. 96 and 42 of Punjab
Town Improvement Trust Act, 1922: The first publication of a notice of any
improvement scheme under Section 36 of the Punjab Town Improvement Act, 1922
shall be substituted for and have the same effect as publication in the
(Official Gazette) and in the locality of a notification under sub‑section
(1) of Section 4 of the Land Acquisition Act, 1894 except where a notification
under Section 4 or declaration under Section 6 of the said Act has previously
been made and is still in force.
Notification under
Section 4 and declaration under Section 6 to be replaced by Notification under Secs. 22 and 26 of the Thai
Development Act, 1949 : The first publication of a
notice of a development scheme under Section 22 of the Thal
Development Act, 1949, shall be substituted for and have the same effect as
publication in the Official Gazette and in the locality of a notification under
sub‑sec.' (1) of Section 4 of the Land Acquisition Act, except where a
notification under Section 4 or a declaration under Section 6 of the said Act
has previously been made and is still in force.
Ins. by the Thal
Development Act (XV of 1949), S. 35, Sch., clause (2)
Notification under
Section 4 and declaration under Section 6 to be replaced by notification under Secs. 18 and 22 of Punjab Soil
Reclamation Act, 1952
: The first
publication of a notice of a reclamation scheme under Sec. 18 of the Punjab
Soil Reclamation Act, 1952, shall be substituted for and have the same effect
as publication in the Gazette and in the locality, of a notification under sub‑section
(1) of Sec. 4 of the said Act, except where a notification under Section 4 or a
declaration under Section 6 of the said Act has previously been made and is
still in force.
Ins. by the
The first publication of a notice of an
improvement scheme under Article 45 of the Karachi Development Authority Order,
1957, shall be substituted for and have the same effect as publication in the
official Gazette and in the locality of a notification under sub‑section
(1) of Section 4 of the said Act except where a notification under sub‑section
(1) of Section 4 or a declaration under Section 6 of the said Act has been
previously made and is still in force.
Ins. by the