The Land Acquisition Act was introduced in 1894 by the British government before Pakistan became independent. This act has many impacts on landowners, and it created issues and challenges, which we will discuss in a while, but first, we understand what the Acquisition Act is below. So read this blog till the end for a better understanding of this act.
Land Acquisition Act 1894
The Land Acquisition Act of 1894 was introduced by the British during their rule. It was basically the authority given to the government to acquire private land for public purposes; also, the government would give compensation to those people from whom they got the land. According to this act, the government had the right to take over the land from any individual or community for the development of infrastructure. The purpose was to set up roads, railways, public initiatives, and irrigation projects.
Key Provisions of the Land Acquisition Act 1984
The Land Acquisition Act consists of many provisions that properly explain its purpose. Some of these are written below:
Notification and Preliminary Investigation (section 4&5A)
According to this, if the government planned a project and, for the better completion of this purpose, acquired land such as for the infrastructure development, roads, railway stations, et cetera, then the government would issue a notification specifying the land acquisition act. If the landowners had any issue, they could apply within 30 days, and the government would review this application.
Public Purpose and Acquisition Process
As the government makes plans for the development of the country, they can acquire land for purposes like the development of government school roads, mostly if they want to redevelop the road and public welfare. Then the government would issue a notification period, consider the objections from the landowner, and give them a fair compensation amount.
Declaration and Final Acquisition (Sections 6 & 7)
After reviewing the objections of the owners, their theory is that they are overruled and the government considers the acquisition necessary, then the government would issue the final declaration. This is followed by the final acquisition procedures.
Compensation and Market Value Assessment (Sections 23 And 24)
According to this act, the owners were permitted to receive compensation according to the current market value of their land. Compensation is considered an average market value similar to land in the market.
Also, the compensation given by the government was lower than the market’s actual value. As a result, most of the landowners got less compensation. This also became the reason that most people objected to the government’s land acquisition act.
Dispute Resolution And Appeals (Sections 18 & 54)
If the landowners refused to get the compensation amount given by the government, they could appeal in court. The courts included the Civil Court, High Court, and Supreme Court. These courts can revisit the case of the landowners if necessary.
Public Interest Requirements
The Land Acquisition Act can only be for the welfare of public projects. This act is not in the private interest. It could only be for the developmental projects that can benefit the public.
Impacts on Landowners
The Land Acquisition Act of 1894 has had prominent consequences and challenges for the owner of the land. These consequences can either be positive or negative. Now we will discuss the positive and negative impacts below:
Positive Impacts
Improved infrastructure is one of its positive impacts in Pakistan. The positive impact is the better development of the roads, which is only for the development of the economy and country also. Roads are also made to connect the villages with the cities. Highways, airports, and railways can be beneficial for connectivity, businesses, and residents.
Negative Impacts
In many cases, compensation was not equal to the true market value of the land. Landowners also faced delays in receiving payments. Inadequate resettlement policies and forced evictions led to displacement and social unrest.
Most Notable Land Acquisitions in Pakistan
| Project Name | Year | Purpose | Impact on Landowners |
| Terbela Dam | 1968 | Hydropower & Irrigation | Huge Displacements, inadequate resettlement |
| Islamabad Development | 1960s | Capital City Expansion | Forced relocations, loss of agricultural land |
| Gwadar Port Expansion | 2000s | Economic & Trade Zone | Land disputes and compensation issues |
| CPEC Infrastructure | 2015-Present | Roads & Energy Projects | Mixed reactions, varying compensation fairness |
Need for Modern Reforms
As the Land Acquisition Act 1984 has facilitated infrastructure development, it needs modernisation to better protect the landowners rights. Reforms must include:
The government should make fairer compensation mechanisms that reflect present and future land values. There must be transparency in acquisition by reducing bureaucratic delays and corruption in land acquisition cases.
The displaced landowners must be given proper livelihood and housing options. Moreover, there should be arbitration mechanisms to resolve compensation disputes properly.
Lastly,
The Land Acquisition Act 1894 was prominent in shaping Pakistan’s infrastructure. However, it also created challenges for landowners. To balance national development with modern reforms, property rights must be introduced. The government should ensure fair compensation, better resettlement policies, and transparency. A reform land acquisition law can enforce sustainable growth while safeguarding the interests of landowners in Pakistan.
