URGENCY | PROCEDURE IN CASE OF URGENCY | SECTION 17 | LAND ACQUISITION ACT 1894 | TPA | COLLECTOR |

PROCEDURE IN CASE OF URGENCY
INTRODUCTION
In case of an urgency, the government is empowered to acquired land only for pubic purpose or for company, Government is to decide about the public purpose. A collector can acquire the possession of land under Land Acquisition Act 1894 for public purpose. Such land vests with the Government free from all encumbrances.

RELEVANT PROVISIONS
Section 3(c), 17 of Land Acquisition Act. 1894.

Cross Reference
(i) Section 12 of Land Acquisition (west Pakistan Amendment) Ordinance, 1964
(ii) Land Acquisition (Punjab Amendment) Ordinance, 2001
(!) Article 128 of The Constitution of Pakistan, 1973

MEANING OF URGENCY
Urgency means something which lead compulsory and immediate attention.

WHAT CONSTITUTE 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.

DEFINITION OF COLLECTOR
Section 3(c) of Land Acquisition Act. 1894.
"The expression collector means the collector of a district, and include a district officer revenue an any officer specially appointed by the Board of Revenue to perform the functions of a collector or Executive District Officer Revenue under this act

CIRCUMSTANCES FOR ACQUISITION OF LAND
UNDER LAND ACQUISITION ACT
Following are circumstances when land can be acquired.
(I) Acquisition of Land in Ordinary Circumstances:
A collector can acquire land in ordinary circumstance under land acquisition act.
(Il) Acquisition of land in Urgency:

OBJECT OF SECTION 17:
Case Law: PLD 1990 Lah. 472'
That object of inserting Section 17 was to allow the authority to proceed in the manner without waiting for other formalities to be completed

DETERMINATION OF URGENCY
Case Law: 1993 MLD 1987
The existence of urgency is a matter of solely for the determination of the Government and is not a subject of judicial review.

PROCEDURE IN URGENCY
Collector on the direction of the Provincial Government on the expiration of fifteen days from the publication of notice can take possession of land

CONDITIONS APPLIED BEFORE URGENCY :

~ Declaration must have been published.
~ Land must have been measured.
~ Land must have been marked out.
~ The land must be required for permanent acquisition.
~ Order of government should have been received.
~ Compensation has been assessed.
~ Compensation has been offered to person.
~ Whose land is to be required
~ Land must be waste or arable.
~ 15 days have been expired after the publication of notice.
~ Public Purpose

APPLICATION OF SECTION 17

Section 17 (l) is applicable to arable or wast land as well as all other land.