Land Acquisition Section 17 Special Powers in case of Urgency • Emergency Acquisition

1. Sudden change in navigable river

Introduction: 2. Or other unforeseen Emergency
Relevant Provision Sec 5-A,9 -17
Cross reference Article 23-24 of Constitution 1973 • Railway Administration Require for the maintenance of their
Land Acquisition Act is a colonial legacy, where Traffic
Federal or Provincial Governments can acquire land • Making Ghat station for convenient station
upon the requirements
of public purposes, Acquisition of land seems • POWERS OF THE COLLECTOR
exception to the fundamental rights • After publication and previous sanctions of Government
where a person is guaranteed of possession and 1. Enter upon and take the possession
protection of property 2. Such Land shall vest absolutely in Provincial Government
Free from All encumbrances
Meaning of Acquisition
The act of obtaining or beginning to have • Provided No body
something, or something obtained 1. Shall enter into dwelling
2. Shall not Take possession
Based on Maxim : Sallu populis lex suprema 3. Without giving occupier of land
Essentials of Acquisition 4. Forty eight hour notice
Must notify the intended acquisition 5. Or any reasonable notice
Must Declare the purpose of the acquisition 6. Time for remove his moveable property
Must pay for the Compensation in a shape of
money only • Compensation
• At the time of possession
Sec 17 Special Powers in case of Urgency • Offer person interested compensation
Government Directs the Collector • For standing crops and trees
Even though No Award has been made • Any other damage sustained by them not expected in Sec 24
Within fifteen days of the notice • IF Such offer is not accepted award compensation under this
publication under section 9 Subsection (1) • Provision
1. Section 9 Notice to Person interested • Direct Declaration
2. Public notice in convenient places • Provincial Government may make a direct declaration Section 9
3. Government intends to take possession of that land • Anytime after the publication
4. Claims of interested person made to Collector
Conclusion