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Punjab · Act · 1952

PUNJAB DEVELOPMENT OF DAMAGED AREAS ACT, 1952

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THE PUNJAB DEVELOPMENT OF DAMAGED AREAS ACT, 1952 (XV of 1952)

TEXT 1THE PUNJAB DEVELOPMENT OF DAMAGED AREAS ACT, 1952 (XV of 1952) [6 February 1952] An Act to provide for the development of damaged areas in the Punjab.

WHEREAS it is expedient to provide for the development of damaged areas in the Punjab:

It is hereby enacted as follows:–

Section 1. Title, extent and commencement

(1) This Act may be called the Punjab Development of Damaged Areas Act, 1952.

(2) It extends to the whole of the Punjab.

(3) It shall be deemed to have come into force immediately after the expiry 2 of the Punjab Development of Damaged Areas Ordinance, 1948 3, in the areas in which the said Ordinance was operative at the time of its expiry, and shall come into force in any other area on such date as the Government of the Punjab may, by notification, specify.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context;

(a) “Building” includes a house, out-house, stable, shed, hut and every other structure whether of masonry, bricks, wood, mud, metal or any other material whatever;

(b) “Building line” means a line (in rear of the street alignment) up to which the main wall of a building abutting on a projected street may lawfully extend;

(c) “Collector” means a Collector as defined in Land Acquisition Act, 1894 4;

(d) “Cost of a scheme” includes all expenses of an Improvement Trust incurred in the making, supervision and execution of the scheme;

(e) “Damaged Area” means any area notified as such by the Government under section 3 of this Act;

(f) “Government” means the Government of the Punjab;

1This Act was assented to by the Governor of the Punjab on January 31, 1952, published in the Punjab Gazette (Extraordinary), dated February 6, 1952, pp. 111-124.

2It ceased to operate on January 25, 1952, that is, six weeks after the first assembly of the new Legislature which took place on December 14, 1951. 3V of 1948. 4I of 1894.

(g) “Improvement Trust” or “Trust” means an Improvement Trust constituted under the Punjab Town Improvement Act, 1922 1;

(h) “Land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

(i) “Local Area” means the area to which the Punjab Town Improvement Act, 1922 2, has been applied and the area within which a Trust has been created for the purposes of carrying out the provisions of that Act;

(j) “Notify” means notify by means of a notification in the official Gazette;

(k) “Person interested” includes all persons claiming an interest in compensation to be awarded on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting that land;

(l) “Prescribed” means prescribed by rules made under this Act;

(m) “Street alignments” means lines forming the boundaries of a street dividing the same from lands or buildings adjoining on either side; and

(n) “Tribunal” means a Tribunal constituted under the Punjab Town Improvement Act, 1922

3.

Section 3. Declaration of damaged areas

The Government may, by notification, declare any local area or any part of any local area to be a damaged area.

Section 4. Schemes for the development of a damaged area

An Improvement Trust may frame a scheme or schemes for the development of a damaged area, providing for all or any of the following matters:–

(i) The acquisition under this Act of any land or any interest in land necessary for or affected by the execution of the scheme, or adjoining any street, thoroughfare, or open space to be improved or provided under the scheme.

(ii) The acquisition by purchase, lease, exchange or otherwise of such land or interest in land.

(iii) The retention, letting on hire, lease, sale, exchange or disposal otherwise of any land vested in or acquired by the Improvement Trust.

(iv) The demolition of buildings or portions of buildings which are unfit for the purpose for which they are intended and which obstruct light or air or project beyond the building line laid out under the scheme.

(v) The relaying out of any land comprised in the scheme, and the redistribution of sites belonging to owners or property comprised in the scheme.

(vi) The laying out and alteration of streets.

1IV of 1922. 2IV of 1922. 3IV of 1922.

(vii) Open spaces in the interests of the residents of any locality comprised in the scheme or any adjoining locality and the enlargement or alteration of existing open spaces.

(viii) The raising, lowering, or reclamation of any land vested in or to be acquired by the Improvement Trust for the purposes of the scheme, and the reclamation or reservation of land for the production of fruit, vegetables, fuel, fodder, or for any other purpose for the residents of the local area.

(ix) The draining, water-supply and lighting of streets altered or reconstructed.

(x) A system of drains and sewers for the improvement of ill-drained and insanitary localities.

(xi) The doing of all acts intended to promote the health of the residents of the area comprised in the scheme, including the conservation and preservation from injury or pollution of rivers and other sources and means of water-supply.

(xii) The demolition of existing buildings and the erection and re-erection of buildings by the Improvement Trust or by the owners or other persons authorised by the Improvement Trust or by the Improvement Trust in the event of default by the owners or such persons.

(xiii) The advance of the whole or part of the capital requisite for the erection of buildings in accordance with the scheme to the owners of land comprised within the scheme, upon such terms and conditions as to interest and sinking fund and otherwise as may be prescribed under the scheme.

(xiv) The provision of facilities for communications.

(xv) All other matters which the Government may deem necessary for promoting the general efficiency of a scheme or for improving the locality comprised in such scheme. 1[Provided that while undertaking a scheme under this section a provision of plot for the construction of mosque will be made where necessary.]

Section 5. Publication of Schemes

(1) The Improvement Trust shall then publish a notice in the official Gazette and two newspapers, one at least having circulation in both Pakistan and India unless the entry in India of the newspapers published in Pakistan is banned, in which case both the newspapers shall be such as have circulation in Pakistan, stating–

(a) the fact that the scheme has been framed;

(b) the boundary of the locality comprised in the scheme; and

1Added by the Punjab Development of Damaged Areas (Amendment) Ordinance, 1985 (Pb. O. No. XXX of 1985) published in the Punjab Gazette (Extraordinary), dated February 27, 1985, pp. 752-I-753-J, s. 2.

(c) the place where and the time when details of the scheme including a statement of land proposed to be acquired and a general map of the locality comprised in the scheme may be inspected.

(2) Such notice shall also prescribe the period during which objections will be received against the scheme.

Section 6. Sanction of scheme

(1) After consideration of the objections, if any, which may be received by the Improvement Trust during the period prescribed under section 5, subsection (2), the Improvement Trust may sanction the scheme with or without modifications as it may deem proper.

(2) Whenever a scheme is sanctioned by an Improvement Trust, it shall report the fact to the Government, together with a Statement of Objections.

(3) The Government may modify the scheme and shall cause the original or, as the case may be, the modified scheme to be published in the official Gazette. The scheme as published shall be deemed to be the sanctioned scheme.

(4) A publication under subsection (3) shall be conclusive evidence that a scheme has been duly framed and sanctioned.

Section 7. Acquisition of Damaged Area through Collector

(1) The Improvement Trust may apply to the Collector for the acquisition of any damaged area comprised in any scheme sanctioned under this Act and also for making an order for the immediate delivery of the possession of the whole or any part of such area to the Improvement Trust.

(2) Notwithstanding anything contained in any other law for the time being in force, the Collector may pass an order accepting an application made to him under the foregoing subsection and forthwith deliver, or cause the delivery of possession of any damaged area or part thereof comprised in any scheme sanctioned under this Act, and the same shall vest absolutely in the Improvement Trust free from all encumbrances subject, in due course, to the payment of compensation by the Trust in accordance with the provisions of this Act:

Provided that possession shall not be taken of any building or part of a building unless the occupier thereof is given at least 48 hours’ notice or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.

Section 8. Magistrate to enforce surrender of land

If the Collector or any person acting under his authority is opposed or obstructed in the delivery of possession of any land under this Act, he shall enforce the surrender of the land to the Improvement Trust, if he is a Magistrate, and, if he is not himself a Magistrate, apply to a Magistrate for this purpose, and such Magistrate shall enforce the surrender of the land to the Improvement Trust.

Section 9. Marking and measuring

After having delivered or caused the delivery of possession of the land, the Collector shall cause the land to be marked out and measured, and a plan thereof to be made, unless all this has already been done.

Section 10. Notice inviting claims to compensation and objections

(1) The Collector shall also cause public notice to be given at convenient places on or near the land

comprised in the scheme stating that claims to compensation for all interests in such land may be made to him.

(2) Such notice shall state the particulars of the land and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place mentioned therein (not being earlier than 15 days after the date of publication of the notice) and to state the nature of their respective interests in the land, and the objections, if any, to the measurements made under the foregoing section. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.

(3) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.

(4) In case any person so interested resides elsewhere and has no such agent, the notice shall be sent to him by registered post in a letter addressed to him at his last known residence, address or place of business.

(5) In case the whereabouts of any such person are not known, such notice may be given by publication in a newspaper of the description given in section 5, subsection (1), and if such notice has been published in such newspaper not less than 15 days before the date of hearing, proceedings may be taken ex-parte if the person does not appear on that date.

Section 11. Disclosure by interested persons

(1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned in the requisition (such time being not earlier than 15 days after the date of the requisition) a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub- proprietor, mortgagee, tenant or otherwise, the nature of such interest and the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement.

(2) Every person required making or delivering a statement under this section or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the 1[Pakistan Penal Code].

Section 12. Inquiry into claims and objections

On the date fixed under section 10, subsection (2) or on any other day to which the inquiry may be adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has made pursuant to a notice given under the aforesaid section to the measurements made under section 9 and into the respective interests of the persons claiming compensation, and shall determine:

(a) the true area of the land and the extent of the interest of each person interested in that land; and

1Substituted for the words comma and figures “Pakistan Penal Code, 1860” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule, Part III.

(b) the value of the plots and the material and other sources of income remaining outstanding as notified by the Government under section 13 of this Act,

and make an award apportioning compensation in accordance with the provisions of section 14 of this Act, among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information whether or not they have appeared before him:

Provided that if no notification in the official Gazette under sub-section (2) of section 13 has been issued, the Collector shall merely decide the matter referred to in (a), and postpone the making of the award with respect to compensation till after the issuing of the said contemplated notification by the Government:

Reference to the Tribunal on questions of title etc.– Provided further that if there be any dispute as to the title to such land or any part thereof or as to the persons to whom compensation or any part thereof is payable, the Collector may refer such dispute to the decision of the Tribunal.

Section 13. Execution of scheme by the Trust

(1) After the possession of the land comprised in a scheme under this Act has been delivered to it, the Improvement Trust shall proceed forthwith to execute the said scheme.

(2) Submission of cost of scheme by the Trust.– The Improvement Trust shall, as soon after the completion of a scheme under this Act as may be, but not later than 3 years from the date of sanction thereof, submit to the Government an accurate statement of the actual cost of the scheme and the income derived therefrom as well as the particulars and the estimated value of the plots that remain unsold and any material or any other sources of income from the scheme which remain outstanding, and the Government shall, after such scrutiny as it may deem necessary, notify the details of the aforesaid statement.

Section 14. Total compensation how calculated

(1) Notwithstanding anything contained in any other law for the time being in force, the total compensation payable for any land acquired under this Act shall be the difference between the income from the scheme and the cost thereof as notified by the Government under section 13, sub-section (2), the value of the plots that remain unsold and any other source of income from the scheme which remains outstanding, as determined by the Collector under section 12, being reckoned as income or a part thereof as the case may be.

(2) Subject to the provisions of subsection (1) and of any other law, for the time being in force, relating to the administration of property abandoned by its owner as a result of the establishment of Pakistan, the amount realised from the disposal of material of any standing structure upon the land comprised in the scheme, after deducting the cost of demolition and disposal thereof, shall be payable to the person known or believed to be the person interested in that structure according to his interest at the time of the acquisition.

Section 15. Collector’s award to be filed

(1) The award made by the Collector under section 12 shall be filed in the office of the Collector of the district and shall, except as hereinafter provided, be announced by him on a day fixed for the purpose. It shall

then be final and conclusive evidence as between the Improvement Trust and the persons interested, whether they have appeared before the Collector or not, of the true area and value of the land and the apportionment of the compensation among the persons interested.

(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is announced.

Section 16. Trust may make reference to the Tribunal

As soon as the Collector has made his award, the same shall be placed before the Trust, which shall, within 30 days of the date of the announcement of the award, either notify its intention to make a reference to the Tribunal, in the manner stated in section 20, against the amount awarded by the Collector or place the amount awarded at his disposal.

Section 17. Payment of compensation by Collector

From the amount placed at his disposal under section 16 the Collector shall tender payments of the amounts assessed by him to the persons interested and make payments to any of them who agree to receive the same with or without protest.

Section 18. Disposal of compensation in cases of disputed title

(1) The amounts due to persons who may not be competent to alienate the land for which compensation has been awarded or the amounts due in respect of the land which is subject to a disputed title shall be deposited into local Treasury.

(2) In the case of persons incompetent to alienate the land acquired under this Act, the amount of compensation due may be invested by the Collector in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held, or if such purchase cannot be effected forthwith, in Government securities. The interest accruing on such money shall also be deposited and invested in the same way until the same be applied in the manner aforesaid.

(3) Nothing in this section shall preclude the Collector from making payment of any amount as compensation for land due to any person, incompetent to alienate the same, or from transferring the land or securities purchased therefor under subsection (2), to such person, after the cessation of his disability, or, during such disability, to any other person competent to receive the same under any law for the time being in force or any order of a competent Civil Court.

Section 19. Jurisdiction of other Courts barred

(1) No award under this Act shall be called in question in any Court or in any manner except as provided hereinafter.

(2) No person shall challenge in any court or before the Tribunal the amounts notified by the Government under section 13 as the cost of a scheme under this Act and the income therefrom.

Section 20. Person interested may require reference to Tribunal

(1) The Improvement Trust or any person interested who has received compensation with protest, may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Tribunal, whether its or his objection be to the measurement of the land, the amount of the compensation, the

person to whom it is payable or to the apportionment of the compensation among the persons interested.

(2) The application shall state the grounds on which objection to the award is based, and the grounds shall not be other than those stated in subsection (1).

(3) Every such application shall be made–

(a) in the case of the Improvement Trust and of the person interested who was present or represented before the Collector at the time of the announcement of the award within 6 weeks from the date of the announcement of the award; and

(b) in other cases, within six weeks of the receipt of the notice under section 15(2), or within three months from the date of the Collector’s award, whichever shall first expire.

Section 21. Statement of case by Collector on reference

(1) In making the reference the Collector shall state for the information of the Tribunal, in writing under his hand:

(a) the situation and extent of the land with particulars of any buildings and other structures standing thereon;

(b) the names of the persons whom he has reason to believe to be interested in such land;

(c) the amount of compensation, if any, awarded for the structures or buildings standing on the land and the value assessed for the unsold plots and the sources of income from the scheme still outstanding; and

(d) if the objection be to the amount of compensation, the grounds on which the amount of compensation was determined.

(2) To the said statement shall be attached schedule giving the particulars of the notices served upon and of the statements in writing made or delivered by the parties interested respectively.

Section 22. Notice by Tribunal to persons interested

The Tribunal shall thereupon cause a notice specifying the day on which it will proceed to determine the objection and directing their appearance before it on that day, to be served on the following persons, namely–

(a) the applicant;

(b) all persons interested in the objection, except (when the objection is not made by the Improvement Trust) such, if any, of them as have consented without protest to receive payment of the compensation awarded;

(c) if the objection is in regard to the area of the land or to the amount of compensation, the Collector.

Section 23. Scope of enquiry

The scope of the enquiry in such proceedings before the Tribunal shall be restricted to a consideration of the interests of the persons affected by the objection.

Section 24. Decision of Tribunal

(1) The tribunal may, on any reference made to it, make any order regarding the payment of any compensation to any person proved to be entitled to it and may either maintain or modify the award of the Collector:

Provided that the Tribunal shall not question the amounts notified by the Government under section 13 of this Act as the cost of a scheme and income therefrom.

(2) Every such award shall be in writing and signed by the President of the Tribunal, and shall be deemed to be a decree and the statement of the grounds thereof a judgment, within the meaning of subsections (2) and (9), respectively of section 2 of the Code of Civil Procedure, 1908

1.

Section 25. Costs

Every award of the Tribunal shall also determine the amount of the costs incurred in the proceedings by the parties thereto and the person by whom and the proportions in which they shall be paid:

Provided that no order for the payment of costs shall be made against the Improvement Trust unless, in the opinion of the Tribunal, the value of the plots unsold and of the material and sources of income outstanding as notified under section 13 of this Act is found to have been assessed by the Collector at a rate not exceeding 50 per cent of their value as determined by the Tribunal.

Section 26. Interest not to be awarded

The Improvement Trust shall not be required to pay interest on any amount awarded as compensation and tendered in accordance with the order of the Collector.

Section 27. Collector to disburse amount awarded in excess by Tribunal

(1) The amounts, if any, awarded by the Tribunal in excess of the compensation awarded by the Collector, shall be placed at the disposal of the Collector by the Improvement Trust, and the Collector shall disburse, deposit, invest or dispose of the same in the manner stated in sections 17 and 18, as if it were the amount deposited on account of the award made by himself.

(2) The Collector shall also in like manner disburse, deposit, invest or dispose of the compensation due for the land, title to which is disputed before him, in accordance with the decision of the Tribunal.

Section 28. Tribunal’s power to summon witnesses, etc

(1) For the purposes of enquiries under this Act the Collector and the Tribunal shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means and (so far as may be) in the same manner as is provided in the case of Civil Courts under the Code of Civil Procedure, 1908

2.

(2) Proceedings of Tribunal.– All proceedings of the Tribunal shall take place in open court and all persons entitled to practise as legal practitioners in any

1V of 1908. 2V of 1908.

Civil Court in the 1[Punjab] shall be entitled to appear, plead and act (as the case may be) in such proceedings.

Section 29. Meeting of Trust to sanction proceedings

(1) An Improvement Trust shall not exercise its powers under this Act, or act otherwise for the acquisition and possession of land or for the execution of any scheme under this Act, unless approval thereto is accorded in a meeting of the Improvement Trust held after a notice of at least seven days.

(2) The quorum for all such meetings shall be not less than three, and the decision of the majority shall prevail.

Section 30. Consequences of erection, etc, in contravention of sanctioned scheme

(1) If any person without the permission of the Trust, erects, re-erects, adds to, or alters any building in contravention of any scheme sanctioned by the Trust under this Act for any damaged area, the Chairman of the Improvement Trust may–

(a) by a written notice direct that the building, alteration, or addition be stopped; and

(b) require such building, alteration, or addition to be altered or demolished as he may deem necessary.

(2) Notwithstanding anything contained in any other law for the time being in force, no person shall have a right to claim compensation for any damage done in the execution of the requisition of the Chairman under the foregoing subsection.

Section 31. Protection of Government, etc

No suit, prosecution, or other legal proceeding shall lie against the Government or an Improvement Trust or any person for anything done or purporting to have been done in pursuance of this Act or in the framing, supervision or execution of any scheme thereunder.

Section 32. Penalties

Any person who–

(a) fails to deliver possession when required to do so by the Collector under this Act;

(b) obstructs or molests any person in the service of an Improvement Trust, or any person acting under the authority or directions of such person, or any person with whom the Trust has entered into a contract, or any person acting under the authority or direction of such person, in the execution of his duty or of anything which he is empowered or required to do under this Act; or

(c) removes any mark set up for the purpose of indicating the boundaries of any damaged area or any part thereof, or any level or direction necessary to the execution of any scheme under this Act; shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to Rs. 1,000 or with both.

1Substituted for the word “Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2(1) read with Schedule, Part II, Sr. No. 24.

Section 33. Initiation of complaints

No prosecution for any offence punishable under this Act shall be instituted except on a complaint in writing made by the Chairman of the Improvement Trust within the local area of which the offence is committed.

Section 34. Rules

The Government may by notification make such rules as appear to it to be necessary or expedient for giving effect to the provisions of this Act.

Section 35. Savings

Everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and order issued under any of the provisions of the Punjab Damaged Areas (Development) Ordinance, 1948 1, shall be continued, and so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Act and any document referring to any of the said provisions shall, so far as may be, be construed to refer to the corresponding provision of this Act.

1It expired on February 16, 1948, that is, six weeks after the first assembly of the Legislature which took place on January 5,

1948.

Print contents from the source
CONTENTS 
1. Title, extent and commencement. 
2. Definitions. 
3. Declaration of damaged areas. 
4. Schemes for the development of a damaged area. 
5. Publication of Schemes. 
6. Sanction of scheme. 
7. Acquisition of Damaged Area through Collector. 
8. Magistrate to enforce surrender of land. 
9. Marking and measuring. 
10. Notice inviting claims to compensation and objections. 
11. Disclosure by interested persons. 
12. Inquiry into claims and objections. 
Reference to the Tribunal on questions of title etc. 
13. Execution of scheme by the Trust. 
Submission of cost of scheme by the Trust. 
14. Total compensation how calculated. 
15. Collector’s award to be filed. 
16. Trust may make reference to the Tribunal. 
17. Payment of compensation by Collector. 
18. Disposal of compensation in cases of disputed title. 
19. Jurisdiction of other Courts barred. 
20. Person interested may require reference to Tribunal. 
21. Statement of case by Collector on reference. 
22. Notice by Tribunal to persons interested. 
23. Scope of enquiry. 
24. Decision of Tribunal. 
25. Costs. 
26. Interest not to be awarded. 
27. Collector to disburse amount awarded in excess by Tribunal. 
28. Tribunal’s power to summon witnesses, etc. 
Proceedings of Tribunal. 
29. Meeting of Trust to sanction proceedings. 
30. Consequences of erection, etc, in contravention of sanctioned scheme. 
31. Protection of Government, etc. 
32. Penalties. 
33. Initiation of complaints. 
34. Rules. 
35. Savings.
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THE PUNJAB DEVELOPMENT OF DAMAGED AREAS ACT, 
1952 
(XV of 1952) 
CONTENTS 
1. Title, extent and commencement. 
2. Definitions. 
3. Declaration of damaged areas. 
4. Schemes for the development of a damaged area. 
5. Publication of Schemes. 
6. Sanction of scheme. 
7. Acquisition of Damaged Area through Collector. 
8. Magistrate to enforce surrender of land. 
9. Marking and measuring. 
10. Notice inviting claims to compensation and objections. 
11. Disclosure by interested persons. 
12. Inquiry into claims and objections. 
Reference to the Tribunal on questions of title etc. 
13. Execution of scheme by the Trust. 
Submission of cost of scheme by the Trust. 
14. Total compensation how calculated. 
15. Collector’s award to be filed. 
16. Trust may make reference to the Tribunal. 
17. Payment of compensation by Collector. 
18. Disposal of compensation in cases of disputed title. 
19. Jurisdiction of other Courts barred. 
20. Person interested may require reference to Tribunal. 
21. Statement of case by Collector on reference. 
22. Notice by Tribunal to persons interested. 
23. Scope of enquiry. 
24. Decision of Tribunal. 
25. Costs. 
26. Interest not to be awarded. 
27. Collector to disburse amount awarded in excess by Tribunal. 
28. Tribunal’s power to summon witnesses, etc. 
Proceedings of Tribunal. 
29. Meeting of Trust to sanction proceedings. 
30. Consequences of erection, etc, in contravention of sanctioned scheme. 
31. Protection of Government, etc. 
32. Penalties. 
33. Initiation of complaints. 
34. Rules. 
35. Savings. 
 
 
TEXT 
1
THE PUNJAB DEVELOPMENT OF DAMAGED AREAS ACT, 1952 
(XV of 1952) 
[6 February 1952] 
An 
Act 
to provide for the development of damaged areas in the Punjab. 
 WHEREAS it is expedient  to provide for the development of damaged areas 
in the Punjab: 
It is hereby enacted as follows:– 
1. Title, extent and commencement .– (1) This Act may be called the Punjab 
Development of Damaged Areas Act, 1952. 
 (2) It extends to the whole of the Punjab. 
 (3) It shall be deemed to have come into force immediately after the expiry
2
 
of the Punjab Development of Damaged Areas Ordinance, 1948
3
, in the areas in 
which the said Ordinance was operative at the time of its expiry, and shall come into 
force in any ot her area on such date as the Government of the Punjab may, by 
notification, specify. 
2. Definitions.– In this Act, unless there is anything repugnant in the subject or 
context; 
(a) “Building” includes a house, out -house, stable, shed, hut and every 
other s tructure whether of masonry, bricks, wood, mud, metal or any 
other material whatever; 
(b) “Building line” means a line (in rear of the street alignment) up to which 
the main wall of a building abutting on a projected street may lawfully 
extend; 
(c) “Collector” means a Collector as defined in Land Acquisition Act, 1894
4
; 
(d) “Cost of a scheme” includes all expenses of an Improvement Trust 
incurred in the making, supervision and execution of the scheme; 
(e) “Damaged Area” means any area notified as such by th e Government 
under section 3 of this Act; 
(f) “Government” means the Government of the Punjab; 
                                                           
1This Act was assented to by the Governor of the Punjab on January 31, 1952, published in the Punjab Gazette (Extraordinary), 
dated February 6, 1952, pp. 111-124. 
2It ceased to operate on January 25, 1952, that is, six weeks after the first assembly of the new Legislature which took place on 
December 14, 1951. 
3V of 1948. 
4I of 1894. 
(g) “Improvement Trust” or “Trust” means an Improvement Trust 
constituted under the Punjab Town Improvement Act, 1922
1
; 
(h) “Land” includes benefits to arise out  of land and things attached to the 
earth or permanently fastened to anything attached to the earth; 
(i) “Local Area” means the area to which the Punjab Town Improvement 
Act, 1922
2
, has been applied and the area within which a Trust has 
been created for the purposes of carrying out the provisions of that Act; 
(j) “Notify” means notify by means of a notification in the official Gazette; 
(k) “Person interested” includes all persons claiming an interest in 
compensation to be awarded on account of the acquisiti on of land 
under this Act; and a person shall be deemed to be interested in land if 
he is interested in an easement affecting that land; 
(l) “Prescribed” means prescribed by rules made under this Act; 
(m) “Street alignments” means lines forming the boundar ies of a street 
dividing the same from lands or buildings adjoining on either side; and 
(n) “Tribunal” means a Tribunal constituted under the Punjab Town 
Improvement Act, 1922
3
. 
3. Declaration of damaged areas .– The Government may, by notification, 
declare any local area or any part of any local area to be a damaged area. 
4. Schemes for the development of a damaged area .– An Improvement Trust 
may frame a scheme or schemes for the development of a damaged area, providing 
for all or any of the following matters:– 
(i) The acquisition under this Act of any land or any interest in land 
necessary for or affected by the execution of the scheme, or adjoining 
any street, thoroughfare, or open space to be improved or provided 
under the scheme. 
(ii) The acquisition by purchase, lease, exchange or otherwise of such 
land or interest in land. 
(iii) The retention, letting on hire, lease, sale, exchange or disposal 
otherwise of any land vested in or acquired by the Improvement Trust. 
(iv) The demolition of buildings or porti ons of buildings which are unfit for 
the purpose for which they are intended and which obstruct light or air 
or project beyond the building line laid out under the scheme. 
(v) The relaying out of any land comprised in the scheme, and the 
redistribution of sites belonging to owners or property comprised in the 
scheme. 
(vi) The laying out and alteration of streets. 
                                                           
1IV of 1922. 
2IV of 1922. 
3IV of 1922. 
 (vii) Open spaces in the interests of the residents of any locality comprised 
in the scheme or any adjoining locality and the enlargement or 
alteration of existing open spaces. 
(viii) The raising, lowering, or reclamation of any land vested in or to be 
acquired by the Improvement Trust for the purposes of the scheme, 
and the reclamation or reservation of land for the production of fruit, 
vegetables, fuel, fodder, or for any other purpose for the residents of 
the local area. 
(ix) The draining, water -supply and lighting of streets altered or 
reconstructed. 
(x) A system of drains and sewers for the improvement of ill -drained and 
insanitary localities. 
(xi) The doing of all acts intended to promote the health of the residents of 
the area comprised in the scheme, including the conservation and 
preservation from injury or pollution of rivers and other sources and 
means of water-supply. 
 (xii) The demolition of existing buildings and the erection and re -erection of 
buildings by the Improvement Trust or by the owners or other persons 
authorised by the Improvement Trust or by the Improvement Trust in 
the event of default by the owners or such persons. 
(xiii) The advance of the whole or part of the capital requisite for the erection 
of buildings in accordance with the scheme to the owners of land 
comprised within the scheme, upon such terms and conditions as to 
interest and sinking fund and otherwise as may be p rescribed under 
the scheme. 
(xiv) The provision of facilities for communications. 
(xv) All other matters which the Government may deem necessary for 
promoting the general efficiency of a scheme or for improving the 
locality comprised in such scheme. 
1
[Provided that while undertaking a scheme under this section a  
provision of plot for the construction of mosque will be made where 
necessary.] 
5. Publication of Schemes .– (1) The Improvement Trust shall then publish a 
notice in the official Gazette and two news papers, one at least having circulation in 
both Pakistan and India unless the entry in India of the newspapers published in 
Pakistan is banned, in which case both the newspapers shall be such as have 
circulation in Pakistan, stating– 
(a) the fact that the scheme has been framed; 
(b) the boundary of the locality comprised in the scheme; and 
                                                           
1Added by the Punjab Development of Damaged Areas (Amendment) Ordinance, 1985 (Pb.  O. No. XXX of 1985) published in 
the Punjab Gazette (Extraordinary), dated February 27, 1985, pp. 752-I-753-J, s. 2. 
(c) the place where and the time when details of the scheme including a 
statement of land proposed to be acquired and a general map of the 
locality comprised in the scheme may be inspected. 
 (2) Such notice shall also prescribe the period during which objections will 
be received against the scheme. 
6. Sanction of scheme.– (1) After consideration of the objections, if any, which 
may be received by the Improvement Trust duri ng the period prescribed under 
section 5, subsection (2), the Improvement Trust may sanction the scheme with or 
without modifications as it may deem proper. 
 (2) Whenever a scheme is sanctioned by an Improvement Trust, it shall 
report the fact to the Government, together with a Statement of Objections. 
 (3) The Government may modify the scheme and shall cause the original 
or, as the case may be, the modified scheme to be published in the official Gazette. 
The scheme as published shall be deemed to be the sanctioned scheme. 
 (4) A publication under subsection (3) shall be conclusive evidence that a 
scheme has been duly framed and sanctioned. 
7. Acquisition of Damaged Area through Collector .– (1) The Improvement 
Trust may apply to the Collector for the acquisi tion of any damaged area comprised 
in any scheme sanctioned under this Act and also for making an order for the 
immediate delivery of the possession of the whole or any part of such area to the 
Improvement Trust. 
 (2) Notwithstanding anything contained in any other law for the time being 
in force, the Collector may pass an order accepting an application made to him 
under the foregoing subsection and forthwith deliver, or cause the delivery of 
possession of any damaged area or part thereof comprised in any s cheme 
sanctioned under this Act, and the same shall vest absolutely in the Improvement 
Trust free from all encumbrances subject, in due course, to the payment of 
compensation by the Trust in accordance with the provisions of this Act: 
 Provided that posses sion shall not be taken of any building or part of a 
building unless the occupier thereof is given at least 48 hours’ notice or such longer 
notice as may be reasonably sufficient to enable such occupier to remove his 
movable property from such building without unnecessary inconvenience. 
8. Magistrate to enforce surrender of land .– If the Collector or any person 
acting under his authority is opposed or obstructed in the delivery of possession of 
any land under this Act, he shall enforce the surrender of the land to the 
Improvement Trust, if he is a Magistrate, and, if he is not himself a Magistrate, apply 
to a Magistrate for this purpose, and such Magistrate shall enforce the surrender of 
the land to the Improvement Trust. 
9. Marking and measuring .– After hav ing delivered or caused the delivery of 
possession of the land, the Collector shall cause the land to be marked out and 
measured, and a plan thereof to be made, unless all this has already been done. 
10. Notice inviting claims to compensation and objections.– (1) The Collector 
shall also cause public notice to be given at convenient places on or near the land 
comprised in the scheme stating that claims to compensation for all interests in such 
land may be made to him. 
 (2) Such notice shall state the partic ulars of the land and shall require all 
persons interested in the land to appear personally or by agent before the Collector 
at a time and place mentioned therein (not being earlier than 15 days after the date 
of publication of the notice) and to state the  nature of their respective interests in the 
land, and the objections, if any, to the measurements made under the foregoing 
section. The Collector may in any case require such statement to be made in writing 
and signed by the party or his agent. 
 (3) The C ollector shall also serve notice to the same effect on the 
occupier, if any, of such land and on all such persons known or believed to be 
interested therein, or to be entitled to act for persons so interested, as reside or have 
agents authorised to receive  service on their behalf, within the revenue district in 
which the land is situate. 
 (4) In case any person so interested resides elsewhere and has no such 
agent, the notice shall be sent to him by registered post in a letter addressed to him 
at his last known residence, address or place of business. 
 (5) In case the whereabouts of any such person are not known, such 
notice may be given by publication in a newspaper of the description given in section 
5, subsection (1), and if such notice has been published  in such newspaper not less 
than 15 days before the date of hearing, proceedings may be taken ex-parte if the 
person does not appear on that date. 
11. Disclosure by interested persons .– (1) The Collector may also require any 
such person to make or deliver to him, at a time and place mentioned in the 
requisition (such time being not earlier than 15 days after the date of the requisition) 
a statement containing, so far as may be practicable, the name of every other person 
possessing any interest in the land o r any part thereof as co -proprietor, sub -
proprietor, mortgagee, tenant or otherwise, the nature of such interest and the rents 
and profits, if any, received or receivable on account thereof for three years next 
preceding the date of the statement. 
 (2) Every person required making or delivering a statement under this 
section or section 10 shall be deemed to be legally bound to do so within the 
meaning of sections 175 and 176 of the 
1
[Pakistan Penal Code]. 
12. Inquiry into claims and objections .– On the date  fixed under section 10, 
subsection (2) or on any other day to which the inquiry may be adjourned, the 
Collector shall proceed to enquire into the objections, if any, which any person 
interested has made pursuant to a notice given under the aforesaid secti on to the 
measurements made under section 9 and into the respective interests of the persons 
claiming compensation, and shall determine: 
(a) the true area of the land and the extent of the interest of each person 
interested in that land; and 
                                                           
1Substituted for the words comma and figures “Pakistan Penal Code, 1860” by the Punjab Laws (Adaptation, Revision and 
Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read 
with First Schedule, Part III. 
(b) the value of the plots and the material and other sources of income 
remaining outstanding as notified by the Government under section 13 
of this Act, 
 and make an award apportioning compensation in accordance with the 
provisions of section 14 of this Act, among all the persons known or believed 
to be interested in the land, of whom, or of whose claims, he has information 
whether or not they have appeared before him: 
 Provided that if no notification in the official Gazette under sub -section (2) of 
section 13 has been  issued, the Collector shall merely decide the matter 
referred to in (a), and postpone the making of the award with respect to 
compensation till after the issuing of the said contemplated notification by the 
Government: 
Reference to the Tribunal on questio ns of title etc.– Provided further that if there 
be any dispute as to the title to such land or any part thereof or as to the persons to 
whom compensation or any part thereof is payable, the Collector may refer such 
dispute to the decision of the Tribunal. 
13. Execution of scheme by the Trust .– (1) After the possession of the land 
comprised in a scheme under this Act has been delivered to it, the Improvement 
Trust shall proceed forthwith to execute the said scheme. 
 (2) Submission of cost of scheme by the T rust.– The Improvement 
Trust shall, as soon after the completion of a scheme under this Act as may be, but 
not later than 3 years from the date of sanction thereof, submit to the Government an 
accurate statement of the actual cost of the scheme and the inc ome derived 
therefrom as well as the particulars and the estimated value of the plots that remain 
unsold and any material or any other sources of income from the scheme which 
remain outstanding, and the Government shall, after such scrutiny as it may deem 
necessary, notify the details of the aforesaid statement. 
14. Total compensation how calculated .– (1) Notwithstanding anything 
contained in any other law for the time being in force, the total compensation payable 
for any land acquired under this Act shall  be the difference between the income from 
the scheme and the cost thereof as notified by the Government under section 13, 
sub-section (2), the value of the plots that remain unsold and any other source of 
income from the scheme which remains outstanding, as determined by the Collector 
under section 12, being reckoned as income or a part thereof as the case may be. 
 (2) Subject to the provisions of subsection (1) and of any other law, for the 
time being in force, relating to the administration of property a bandoned by its owner 
as a result of the establishment of Pakistan, the amount realised from the disposal of 
material of any standing structure upon the land comprised in the scheme, after 
deducting the cost of demolition and disposal thereof, shall be pay able to the person 
known or believed to be the person interested in that structure according to his 
interest at the time of the acquisition. 
15. Collector’s award to be filed .– (1) The award made by the Collector under 
section 12 shall be filed in the offi ce of the Collector of the district and shall, except 
as hereinafter provided, be announced by him on a day fixed for the purpose. It shall 
then be final and conclusive evidence as between the Improvement Trust and the 
persons interested, whether they have  appeared before the Collector or not, of the 
true area and value of the land and the apportionment of the compensation among 
the persons interested. 
 (2) The Collector shall give immediate notice of his award to such of the 
persons interested as are not present personally or by their representatives when the 
award is announced. 
16. Trust may make reference to the Tribunal .– As soon as the Collector has 
made his award, the same shall be placed before the Trust, which shall, within 30 
days of the date of the announcement of the award, either notify its intention to make 
a reference to the Tribunal, in the manner stated in section 20, against the amount 
awarded by the Collector or place the amount awarded at his disposal. 
17. Payment of compensation by Collect or.– From the amount placed at his 
disposal under section 16 the Collector shall tender payments of the amounts 
assessed by him to the persons interested and make payments to any of them who 
agree to receive the same with or without protest. 
18. Disposal o f compensation in cases of disputed title .– (1) The amounts 
due to persons who may not be competent to alienate the land for which 
compensation has been awarded or the amounts due in respect of the land which is 
subject to a disputed title shall be deposited into local Treasury. 
 (2) In the case of persons incompetent to alienate the land acquired under 
this Act, the amount of compensation due may be invested by the Collector in the 
purchase of other lands to be held under the like title and conditions of o wnership as 
the land in respect of which such money shall have been deposited was held, or if 
such purchase cannot be effected forthwith, in Government securities. The interest 
accruing on such money shall also be deposited and invested in the same way unt il 
the same be applied in the manner aforesaid. 
 (3) Nothing in this section shall preclude the Collector from making 
payment of any amount as compensation for land due to any person, incompetent to 
alienate the same, or from transferring the land or secur ities purchased therefor 
under subsection (2), to such person, after the cessation of his disability, or, during 
such disability, to any other person competent to receive the same under any law for 
the time being in force or any order of a competent Civil Court. 
19. Jurisdiction of other Courts barred .– (1) No award under this Act shall be 
called in question in any Court or in any manner except as provided hereinafter. 
 (2) No person shall challenge in any court or before the Tribunal the 
amounts notified by the Government under section 13 as the cost of a scheme under 
this Act and the income therefrom. 
20. Person interested may require reference to Tribunal .– (1) The 
Improvement Trust or any person interested who has received compensation with 
protest, may,  by written application to the Collector, require that the matter be 
referred by the Collector for the determination of the Tribunal, whether its or his 
objection be to the measurement of the land, the amount of the compensation, the 
person to whom it is payable or to the apportionment of the compensation among the 
persons interested. 
 (2) The application shall state the grounds on which objection to the award 
is based, and the grounds shall not be other than those stated in subsection (1). 
 (3) Every such application shall be made– 
(a) in the case of the Improvement Trust and of the person interested who 
was present or represented before the Collector at the time of the 
announcement of the award within 6 weeks from the date of the 
announcement of the award; and 
(b) in other cases, within six weeks of the receipt of the notice under 
section 15(2), or within three months from the date of the Collector’s 
award, whichever shall first expire. 
21. Statement of case by Collector on reference .– (1) In making the ref erence 
the Collector shall state for the information of the Tribunal, in writing under his hand: 
(a) the situation and extent of the land with particulars of any buildings and 
other structures standing thereon; 
(b) the names of the persons whom he has reas on to believe to be 
interested in such land; 
(c) the amount of compensation, if any, awarded for the structures or 
buildings standing on the land and the value assessed for the unsold 
plots and the sources of income from the scheme still outstanding; and 
(d) if the objection be to the amount of compensation, the grounds on 
which the amount of compensation was determined. 
 (2) To the said statement shall be attached schedule giving the particulars 
of the notices served upon and of the statements in writing m ade or delivered by the 
parties interested respectively. 
22. Notice by Tribunal to persons interested .– The Tribunal shall thereupon 
cause a notice specifying the day on which it will proceed to determine the objection 
and directing their appearance before  it on that day, to be served on the following 
persons, namely– 
(a) the applicant; 
(b) all persons interested in the objection, except (when the objection is 
not made by the Improvement Trust) such, if any, of them as have 
consented without protest to rece ive payment of the compensation 
awarded; 
(c) if the objection is in regard to the area of the land or to the amount of 
compensation, the Collector. 
23. Scope of enquiry.– The scope of the enquiry in such proceedings before the 
Tribunal shall be restricted to a consideration of the interests of the persons affected 
by the objection. 
24. Decision of Tribunal .– (1) The tribunal may, on any reference made to it, 
make any order regarding the payment of any compensation to any person proved to 
be entitled to it and may either maintain or modify the award of the Collector: 
 Provided that the Tribunal shall not question the amounts notified by the 
Government under section 13 of this Act as the cost of a scheme and income 
therefrom. 
 (2) Every such award shall be in writing and signed by the President of the 
Tribunal, and shall be deemed to be a decree and the statement of the grounds 
thereof a judgment, within the meaning of subsections (2) and (9), respectively of 
section 2 of the Code of Civil Procedure, 1908
1
. 
25. Costs.– Every award of the Tribunal shall also determine the amount of the 
costs incurred in the proceedings by the parties thereto and the person by whom and 
the proportions in which they shall be paid: 
 Provided that no order for the payment of costs sh all be made against the 
Improvement Trust unless, in the opinion of the Tribunal, the value of the plots 
unsold and of the material and sources of income outstanding as notified under 
section 13 of this Act is found to have been assessed by the Collector a t a rate not 
exceeding 50 per cent of their value as determined by the Tribunal. 
26. Interest not to be awarded.– The Improvement Trust shall not be required to 
pay interest on any amount awarded as compensation and tendered in accordance 
with the order of the Collector. 
27. Collector to disburse amount awarded in excess by Tribunal .– (1) The 
amounts, if any, awarded by the Tribunal in excess of the compensation awarded by 
the Collector, shall be placed at the disposal of the Collector by the Improvement 
Trust, and the Collector shall disburse, deposit, invest or dispose of the same in the 
manner stated in sections 17 and 18, as if it were the amount deposited on account 
of the award made by himself. 
 (2) The Collector shall also in like manner disburse, dep osit, invest or 
dispose of the compensation due for the land, title to which is disputed before him, in 
accordance with the decision of the Tribunal. 
28. Tribunal’s power to summon witnesses, etc .– (1) For the purposes of 
enquiries under this Act the Colle ctor and the Tribunal shall have power to summon 
and enforce the attendance of witnesses, including the parties interested or any of 
them, and to compel the production of documents by the same means and (so far as 
may be) in the same manner as is provided in the case of Civil Courts under the 
Code of Civil Procedure, 1908
2
. 
 (2) Proceedings of Tribunal .– All proceedings of the Tribunal shall take 
place in open court and all persons entitled to practise as legal practitioners in any 
                                                           
1V of 1908. 
2V of 1908. 
Civil Court in the 
1
[Punjab] shall be entitled to appear, plead and act (as the case 
may be) in such proceedings. 
29. Meeting of Trust to sanction proceedings.– (1) An Improvement Trust shall 
not exercise its powers under this Act, or act otherwise for the acquisition and 
possession of land or for the execution of any scheme under this Act, unless 
approval thereto is accorded in a meeting of the Improvement Trust held after a 
notice of at least seven days. 
 (2) The quorum for all such meetings shall be not less than three, and the 
decision of the majority shall prevail. 
30. Consequences of erection, etc, in contravention of sanctioned scheme .– 
(1) If any person without the permission of the Trust, erects, re -erects, adds to, or 
alters any building in contravention of any scheme sanctioned by the Trust under this 
Act for any damaged area, the Chairman of the Improvement Trust may– 
(a) by a written notice direct that the building, alteration, or addition be 
stopped; and 
(b) require such building, alteration, or addition to be altered or demolished 
as he may deem necessary. 
 (2) Notwithstanding anything contained in any other law for the time being 
in force, no person shall have a right to claim compensation for any damage done in 
the execution of the requisition of the Chairman under the foregoing subsection. 
31. Protection of Government, etc .– No suit, prosecution, or other legal 
proceeding shall lie against the Government or an Improvement Trust or any person 
for anything done or purporting to have been done in pursuance of this Act or  in the 
framing, supervision or execution of any scheme thereunder. 
32. Penalties.– Any person who– 
(a) fails to deliver possession when required to do so by the Collector 
under this Act; 
(b) obstructs or molests any person in the service of an Improvement  
Trust, or any person acting under the authority or directions of such 
person, or any person with whom the Trust has entered into a contract, 
or any person acting under the authority or direction of such person, in 
the execution of his duty or of anything which he is empowered or 
required to do under this Act; or 
(c) removes any mark set up for the purpose of indicating the boundaries 
of any damaged area or any part thereof, or any level or direction 
necessary to the execution of any scheme under this Act; 
shall be punishable with rigorous imprisonment which may extend to two 
years or with fine which may extend to Rs. 1,000 or with both. 
                                                           
1Substituted for the word “Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West 
Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2(1) read with Schedule, Part II, Sr. No. 24. 
33. Initiation of complaints .– No prosecution for any offence punishable under 
this Act shall be instituted except on a co mplaint in writing made by the Chairman of 
the Improvement Trust within the local area of which the offence is committed. 
34. Rules.– The Government may by notification make such rules as appear to it 
to be necessary or expedient for giving effect to the provisions of this Act. 
35. Savings.– Everything done, action taken, obligation, liability, penalty or 
punishment incurred, inquiry or proceeding commenced, officer appointed or person 
authorised, jurisdiction or power conferred, rule made and order issued under any of 
the provisions of the Punjab Damaged Areas (Development) Ordinance, 1948
1
, shall 
be continued, and so far as may be, be deemed to have been respectively done, 
taken, incurred, commenced, appointed, authorised, conferred, made or issued 
under this Act and any document referring to any of the said provisions shall, so far 
as may be, be construed to refer to the corresponding provision of this Act. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1It expired on February 16, 1948, that is, six weeks after the first assembly of the Legislature which took place on January 5 , 
1948.
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Section 3

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f an Improvement Trust incurred in the making, supervision and execution of the scheme; (e) “Damaged Area” means any area notified as such by th e Government under section 3 of this Act; (f) “Government” means the Government of the Punjab; 1This Act was assented to by the Governor of the Punjab on January 31, 1952, published in the Punj

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Section 5

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heme. 6. Sanction of scheme.– (1) After consideration of the objections, if any, which may be received by the Improvement Trust duri ng the period prescribed under section 5, subsection (2), the Improvement Trust may sanction the scheme with or without modifications as it may deem proper. (2) Whenever a scheme is sanctioned by an Improvement Trust, it shall report the fact to the Government, t

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Section 5

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place of business. (5) In case the whereabouts of any such person are not known, such notice may be given by publication in a newspaper of the description given in section 5, subsection (1), and if such notice has been published in such newspaper not less than 15 days before the date of hearing, proceedings may be taken ex-parte if the person does not appear on that date. 11. Disclosure by int

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Section 10

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able on account thereof for three years next preceding the date of the statement. (2) Every person required making or delivering a statement under this section or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the 1 [Pakistan Penal Code]. 12. Inquiry into claims and objections .– On the date fixed under section 10, subsection (2) or on

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Section 10

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gally bound to do so within the meaning of sections 175 and 176 of the 1 [Pakistan Penal Code]. 12. Inquiry into claims and objections .– On the date fixed under section 10, subsection (2) or on any other day to which the inquiry may be adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has made pursuant to a notice given under the afores

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Section 9

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d to enquire into the objections, if any, which any person interested has made pursuant to a notice given under the aforesaid secti on to the measurements made under section 9 and into the respective interests of the persons claiming compensation, and shall determine: (a) the true area of the land and the extent of the interest of each person interested in that land; and

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Section 13

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ad with First Schedule, Part III. (b) the value of the plots and the material and other sources of income remaining outstanding as notified by the Government under section 13 of this Act, and make an award apportioning compensation in accordance with the provisions of section 14 of this Act, among all the persons known or believed to be interested in the land, of whom, or of whose claims, he

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Section 14

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remaining outstanding as notified by the Government under section 13 of this Act, and make an award apportioning compensation in accordance with the provisions of section 14 of this Act, among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information whether or not they have appeared before him: Provided that if no notification in the offic

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Section 13

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whose claims, he has information whether or not they have appeared before him: Provided that if no notification in the official Gazette under sub -section (2) of section 13 has been issued, the Collector shall merely decide the matter referred to in (a), and postpone the making of the award with respect to compensation till after the issuing of the said contemplated notification by the Govern

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Section 13

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ion payable for any land acquired under this Act shall be the difference between the income from the scheme and the cost thereof as notified by the Government under section 13, sub-section (2), the value of the plots that remain unsold and any other source of income from the scheme which remains outstanding, as determined by the Collector under section 12, being reckoned as income or a part there

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Section 12

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section (2), the value of the plots that remain unsold and any other source of income from the scheme which remains outstanding, as determined by the Collector under section 12, being reckoned as income or a part thereof as the case may be. (2) Subject to the provisions of subsection (1) and of any other law, for the time being in force, relating to the administration of property a bandoned by its

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Section 12

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terested in that structure according to his interest at the time of the acquisition. 15. Collector’s award to be filed .– (1) The award made by the Collector under section 12 shall be filed in the offi ce of the Collector of the district and shall, except as hereinafter provided, be announced by him on a day fixed for the purpose. It shall then be final and conclusive evidence as between the Impro

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Section 20

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t, which shall, within 30 days of the date of the announcement of the award, either notify its intention to make a reference to the Tribunal, in the manner stated in section 20, against the amount awarded by the Collector or place the amount awarded at his disposal. 17. Payment of compensation by Collect or.– From the amount placed at his disposal under section 16 the Collector shall tender paymen

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Section 16

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ount awarded by the Collector or place the amount awarded at his disposal. 17. Payment of compensation by Collect or.– From the amount placed at his disposal under section 16 the Collector shall tender payments of the amounts assessed by him to the persons interested and make payments to any of them who agree to receive the same with or without protest. 18. Disposal o f compensation in cases of

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Section 13

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ourt or in any manner except as provided hereinafter. (2) No person shall challenge in any court or before the Tribunal the amounts notified by the Government under section 13 as the cost of a scheme under this Act and the income therefrom. 20. Person interested may require reference to Tribunal .– (1) The Improvement Trust or any person interested who has received compensation with protest, ma

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Section 15(2)

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nnouncement of the award within 6 weeks from the date of the announcement of the award; and (b) in other cases, within six weeks of the receipt of the notice under section 15(2), or within three months from the date of the Collector’s award, whichever shall first expire. 21. Statement of case by Collector on reference .– (1) In making the ref erence the Collector shall state for the information of

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Section 13

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itled to it and may either maintain or modify the award of the Collector: Provided that the Tribunal shall not question the amounts notified by the Government under section 13 of this Act as the cost of a scheme and income therefrom. (2) Every such award shall be in writing and signed by the President of the Tribunal, and shall be deemed to be a decree and the statement of the grounds thereof

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Section 13

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the Improvement Trust unless, in the opinion of the Tribunal, the value of the plots unsold and of the material and sources of income outstanding as notified under section 13 of this Act is found to have been assessed by the Collector a t a rate not exceeding 50 per cent of their value as determined by the Tribunal. 26. Interest not to be awarded.– The Improvement Trust shall not be required to

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Provisions explicitly cited in other instruments 1

Section 2 of Code of Civil Procedure (CPC) , 1908 (Under Review)

Cited by PUNJAB DEVELOPMENT OF DAMAGED AREAS ACT, 1952

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he Tribunal, and shall be deemed to be a decree and the statement of the grounds thereof a judgment, within the meaning of subsections (2) and (9), respectively of section 2 of the Code of Civil Procedure, 1908 1 . 25. Costs.– Every award of the Tribunal shall also determine the amount of the costs incurred in the proceedings by the parties thereto and the person by whom and the proportions in which they shall be paid: Provid

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Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,__ (1) “Code” includes rules: (2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties which regard to all or any of t

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Comparison evidence
Stored text SHA-256
dffd797f974d1ba89468e268c7c676fd8fa80148690df5676ecb2ec9b42da8b8
Original source SHA-256
1794b48a930f09ebc327b428a1183ca24ecfcdef6be1218521eee6046769ef7d
Comparison method
Complete exact non-whitespace character stream after NFKC, quotation-mark equivalents and soft-hyphen removal. Word boundaries and PDF line-layout differences remain separately described.

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Source, version and text details
Recorded title
PUNJAB DEVELOPMENT OF DAMAGED AREAS ACT, 1952
Source collection
Punjab — this does not establish territorial applicability.
Recorded version
Not supplied in this record
Source snapshot
2026-08-06T16:54:20Z
Legal status
not independently verified
Text quality
Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
Recorded quality flags
No additional flags recorded
Stable record
punjab-code-e2654c2d7e647695
Content extent
Legal completeness not independently established
Integrity scope
Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
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zero-based Unicode code points and UTF8 bytes; end exclusive
Stored text SHA-256
dffd797f974d1ba89468e268c7c676fd8fa80148690df5676ecb2ec9b42da8b8

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