Law: Land Acquisition Act (I of 1894)

Section: . 4 , 5 , 6 , 16 , 23

Islamic jurisprudence--- ----Compulsory acquisition of property by the State ---Compensation-- Principles, guidelines and real standards for the fixation of compensation in matter of compulsory acquisition of any property by the; State stated. Land Acquisition Act (I of 1894)--- ----Ss. 4, 5, 5-A, 6, 16 & 23(1)---Constitution of Pakistan (1973), Art. 203-D--Repugnancy to Injunctions of Islam---Basic and fundamental date for fixation of compensation for the land acquired in the public interest was the market value on the date of actual acquisition of land---Date of the issue of notification under S. 4, was not crucial date but it was the date of actual acquisition which followed the step taken in the matter of acquisition after disposal of objections under S. 6, which was required to be substituted in S.23(1) of the Land Acquisition Act, 1894. The basic and fundamental date for fixation of the compensation for the land acquired in the public interest is the market value on the date of actual acquisition of land. A notification issued under section 4 only expresses an intention of the Government that it may or may not acquire the land. Furthermore, section 4 of the Land Acquisition Act, 1894 confers certain powers on the Government to enter on the land and survey which to some extent resembles the concept of Khiyar Ruyat the option of sight by the intended purchaser of the thing intended to be purchased, as recognized in Islamic Law which may, perhaps, be applicable in the matter of acquisition of land by the Government or other Authority. This cannot be said to be the date of actual acquisition, which is further denoted by ensuing provisions of the Act. That is to say, section 5 makes a provision for making claim by the owner, for damaging the property during survey etc., by virtue of section 4. Section 5-A provides for filing objections against the desired acquisition of the land, and section 6 provides for disposal of those objections, one way or the other. If the objections are rejected further proceedings of acquisition are taken up which include the awarding of compensation, so much so that section 16 of the Act provides for taking possession of the…