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Thread: Q. Discuss the procedure acquisition of land in case of urgency. (2005)

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    Word Icon 35px Jpg.ashx Q. Discuss the procedure acquisition of land in case of urgency. (2005)

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    1. Introduction:
    The government is empowered to acquired land for public purpose and company government is to decide about the public purpose and company government is to decide about the public purpose. a collector can act for public purpose.
    2. Relevant provisions:
    Sec. 17 of land acquisition act.
    3. Meaning of urgency:
    Urgency means something which lead compulsory and immediate attention.
    4. What constitution urgency:
    The section 17 relates to the concept of "eminent domain" which means the power of the government to take away private property for public purpose. it would depend on the circumstances that what would constitute an urgency. the collector is the sole judge to determine whether there is urgency or not.
    5. Definition of collector:
    The expression collector means the collector of a district, and include a district an any specially officer appointed by the provincial government to perform the functions of a collector under this act.
    6. Circumstances for acquisition of land under land acquisition act:
    Following are circumstances when land can be acquired.
    (i) Acquisition of land in ordinary circumstances.
    (ii) Acquisition of land in urgency.
    (i) Acquisition of land in ordinary circumstances:
    A collector can acquire land in ordinary circumstance under land acquisition act.
    (ii) Acquisition of land in urgency:
    A collector can acquire the possession of land in cases of emergency.
    7. Object:
    Case law
    PLD 1990 LAH. 274

    That object of exacting sec. 17 was to allow the authority to proceed in the manner without waiting for other formalities to be completed.
    8. Determination of urgency:
    1993 MLD 1887:

    The existence of emergency is a matter of solely for the determination of the government and is not a subject of judicial review.
    9. Procedure in urgency:
    Collector on the direction of the provincial government on the expiration of fifteen days form the publication of notice can take possession of land.
    Conditions:
    (i) Declaration must have been published.
    (ii) Land must have been measured.
    (iii) Land must have been marked out.
    (iv) The must be required for permanent acquisition.
    (v) Order of government should have been received.
    (vi) Compensation has been assessed.
    (vii) Compensation has been offered to person whose land is to required.
    (viii) Land must be waste or arable.
    (ix) 15 days have been expired after the publication of notice.
    (x) Public purpose.
    10. Application of sec .17
    17 (i) is applicable to arable or wast land as well as all other land.
    11. Effect of acquisition:
    Such land shall there upon a vest absolutely in the government form all encumbrances.
    12. Conclusion:
    To conclude i can say that provincial govt. is empowered to acquire land in case of emergency. it can direct collector to take possession of the land or any building. the competent authority in case of urgency do not follow the formalities while taking the possession of land.

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