Rights + Responsibilities
Here goes the list of important Laws and Policies which can guide you.
(4) Publication of preliminary notification and powers of officers thereupon Whenever it appears to the Collector of the District that land in any locality is needed or is likely to be needed for any public purpose or for a Company, a notification to that effect shall be published in the official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.
(5) Notification that particular land is needed for a public purpose or for a Company Where land is to be acquired for a public purpose, the [Commissioner], and where land is to be acquired for a Company, the Provincial Government, is satisfied, after considering the result of the survey, that any particular land included in a locality is needed for a public purpose or a Company, as the case may be, a notification to that effect shall be published in the official Gazette, stating the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area and situation, and where a plan has been made of the land, the place where such plan may be inspected, and the Collector shall cause public notice to be given of the substance of the notification at convenient places on or near the land to be acquired].
23. Matters to be considered in determining compensation (1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration– first, the market-value of the land at the date of the publication of the [notification under section 4, sub-section (1)].Explanation– For the purpose of determining the market-value, the Court shall take into account transfer of land similarly situated and in similar use. The potential-value of the land to be acquired if put to a different use shall only be taken into consideration if it is proved that land similarly situated and previously in similar use has, before the date of the notification under sub-section (1) of section 4, been transferred with a view to being put to the use relied upon as affecting the potential value of the land to be acquired: Provided that– (i) if the market-value has been increased in consequence of the land being put to a use which is unlawful or contrary to public policy that use shall be disregarded and the market-value shall be deemed to be the market-value of the land if it were put to ordinary use; and (ii) if the market-value of any building has been increased in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded and the market-value shall be deemed to be the market-value of the building if occupied by such number of persons only as can be accommodated in it without risk of danger to health from overcrowding]. secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector’s taking possession thereof; thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land; fourthly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector’s taking possession of the land.
[(2) In addition to the market-value of the land as above provided, the Court shall award a sum of fifteen per centum on such market-value, in consideration of the compulsory nature of the acquisition, if the acquisition has been made for a public purpose and a sum of twenty-five per centum on such market-value if the acquisition has been made for a Company].
Alteration of boundaries– The boundaries of the [Lahore [Division]] may, from time to time, be altered by the Government through a notification in the official Gazette.
Chapter II, Clause 3 Without in any way restricting, the Authority may– (ii) take any steps or adopt any measures for the face lifting and beautification of the area; (iii) acquire property, both movable and immovable; (iv) sell, lease, exchange or otherwise dispose of [or grant licence or concessions in respect of] any property vested in it;
CHAPTER IV - PREPARATION AND EXECUTION OF SCHEMES (5) A person, local body or Government agency shall not, within the area, prepare a planning or development scheme except with the concurrence of the Authority.
Chapter VI – Acquisition (25) Liability to acquisition (i) Notwithstanding anything contained in the Land Acquisition Act, 1894 (I of 1894), any land within the area shall be liable to acquisition at any time in accordance with the provisions of this Chapter. (ii) The Authority may acquire or purchase in a transparent manner any immovable property or land for any public purpose including development of housing or any other scheme, urban renewal, redevelopment, environmental improvement or removal of source of pollution or traffic congestion.
25B. Compensation (1) The Authority shall determine the mode of compensation in the form of cash, bonds, debentures, annuities, alternate land, developed sites or in a combination of such forms. (2) Where the Authority determines any mode of compensation other than cash, the person interested shall have the option to receive compensation either in cash or in that mode or in both such forms if so determined by the Authority. (3) Where the compensation is to be paid in cash, it shall be determined by the Collector at the time of announcement of the award. (4) If any person has, by mistake, fraud or misrepresentation, received any compensation or any excess compensation, which was not payable to him, the Collector shall call upon such person to refund such amount and in case of default the Collector may recover it as arrears of land revenue. (5) The Authority shall not provide alternate land or developed site in any scheme except the scheme for which the property was acquired. (6) Where provision of alternate land or developed site is part of a scheme but for any reasons, such land or developed site cannot be provided, the Authority shall pay compensation in cash at such rate as is mentioned in the award of the Collector.
25C. Tribunal (1) The Government shall constitute a tribunal to decide objections regarding the person interested, measurement of the land under acquisition, award, apportionment or payment of compensation. (2) Notwithstanding anything contained in the Land Acquisition Act, 1894 (I of 1894), any person aggrieved from an award of the Collector may, within sixty days from the date of the award, submit objections against the award before the tribunal.
Chapter IX. 38. Conversion of property to a different use.– If a person converts a property to a different use or purpose than the one provided under a scheme, master plan or classification map without the previous approval in writing of the Authority, he shall be liable to punishment of fine which may extend to ten thousand rupees per day from the date of its conversion till the default continues or with imprisonment for a term which may extend to one year or with both.
39. Ejectment of unauthorized occupants.– (1) Subject to an opportunity of hearing, the Director General or any person authorized by the Director General may summarily eject any person in unauthorized occupation of any land or property vested in the Authority and may for such ejectment use such force as may be necessary. (2) Subject to an opportunity of hearing, the Director General or any person authorized by the Director General may, on his own motion or on the application of the owner, summarily eject any person in unauthorized occupation of any land or plot in a housing scheme developed and controlled by the Authority and may, for such ejectment, use such force as may be necessary. (3) Nothing contained in subsections (1) and (2) shall prohibit the Director General or any person authorized by the Director General to proceed against such person on commission of an offence, as provided in the Act.]
40. Removal of building, etc. erected or used in contravention of this Act. (1) If any building, structure, work or land is erected, constructed or used in contravention of the provisions of this Act or of any rule, regulation or order made thereunder the [Director General] or any person authorized by him or the Authority in this behalf, may, by order in writing, require the owner, occupier, user or person in control of such building, structure, work or land to remove, demolish or alter the building, structure or work or to use it in such manner so as to bring such erection, construction or user in accordance with the said provisions of this Act. (2) If an order under sub-section (1) in respect of any building, structure, work or land is not complied with within such time as may be specified therein, the [Director General] or any person authorized by him or the Authority in this behalf, may, after giving the person affected by the order an opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use of the land [by sealing the premises or land] and, in so doing, may use such force as may be necessary and may also recover the cost therefor, from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of the provisions as aforesaid.
List of Offences Establishing temporary shops or running any restaurant or vending stalls for eatables, wooden khokas or any sort of commercial activity on any road, street, footpath, public place, over a drain, or any other property vesting in the Authority. Changing or converting into any other use any portion of a commercial or residential building or area specified or earmarked for public parking or amenities. Unauthorized occupation without permission of the owner of land or plot in a housing scheme developed and controlled by the Authority.
Offences Unauthorized fixing of Khokha (kiosk), or temporary shop or extension thereof on footpaths or on right-of-way of the roads under the control of Authority. Unauthorized plying of a handcart or donkey-cart for the sale of goods on footpaths or on right-of-way of roads under the control of Authority. Throwing or placing any refuse, litter or garbage within right-of-way on the roads under the control of Authority. Failure to provide for disposal of litter or garbage inside or outside a shop at the roads under the control of Authority.
31. Land acquisition. The acquisition of any land or any interest in land by the Authority under this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894). 32. Powers to eject unauthorized occupants.– The Authority may, in the manner prescribed, summarily eject any unauthorized occupant of any part of the infrastructure or a proposed project site thereof and remove any structure thereon, and to use such force, including police force, as may be necessary for the purpose and to recover the cost thereof from such unauthorized occupant. THE PUNJAB KATCHI ABADIS ACT, 1992 An Act to make provisions for regularization, development and improvement of Katchi Abadis Powers and functions of the Director-General (xii) Arrange civic amenities and civic services in the Katchi Abadis through [a Governmental Agency or a donor agency of Pakistan or foreign origin. 6. Declaration of Katchi Abadis and Acquisition of Land.– (1) Subject to the provisions of sub-sections and the directions, if any, of Government, the Director-General may, after such enquiry as he deems fit, by notification in the official Gazette, declare any area or part thereof which was occupied unauthorizedly before the [31st December [2011]] and continues to be so occupied and has at least forty dwelling units on it to be a Katchi Abadi. THE PUNJAB PLANTATION AND MAINTENANCE OF TREES ACT, 1974 An Act to provide for plantation and maintenance of trees in the Province of the Punjab Plantation of trees (1) There shall be planted and maintained three trees per acre by the occupier thereof in such manner as may be prescribed. (2) In case the occupier fails to comply with the requirements of sub-section (1) the required number of trees shall be caused to be planted in his land by the Department without any let or hinderance by him. The occupier shall be responsible for the maintenance of the trees so planted. Penalty Any person who contravenes the provisions of section 3 shall be liable to pay the penalty, not exceeding rupee one per tree, after giving an opportunity to the person concerned of being heard, by an officer authorised in this behalf by the Government. THE PUNJAB ENVIRONMENTAL PROTECTION ACT 19978 Initial environmental examination and environmental impact assessment.– No proponent of a project shall commence construction or operation unless he has filed with the [Provincial Agency] an initial environmental examination or where the project is likely to cause an adverse environmental effect, an environmental impact assessment, and has obtained from the [Provincial Agency] approval in respect thereof. (3) Every review of an environmental impact assessment shall be carried out with public participation.
26. Prohibition against alteration in heritage property. No person shall execute or cause to be executed any work for alteration in a heritage property in any manner whatsoever without prior approval of the Authority in such manner as may be prescribed. 30. Removal of encroachments (1) No person shall make an encroachment on any building, public utility building, public place or any property vested in the Authority. The Authority may, after such notice as may be considered reasonable, remove such encroachment with such force as may be necessary. 33. Restriction on trade, calling or occupation. Subject to sub-section (2) of section 36, no person shall carry on any trade, calling or occupation in the Walled City unless he has applied for and obtained a license from the Authority in such manner as may be prescribed. 34. Liability to acquisition Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 (Act I of 1894), all land within the Walled City shall be liable to acquisition by the Authority at any time in the prescribed manner. 38. Citizen Community Council (1) For purposes of achieving the objective of the Act and for its effective implementation, the Authority shall set-up a Citizen Community Council for the Walled City. (2) The Authority shall nominate four members of the Citizen Community Council from amongst the elected representatives of the local governments of the area of the Walled City or in their absence from amongst the owners, occupants and inhabitants. (3) The Director General shall be the Chairperson of the Citizen Community Council. (4) The Citizen Community Council shall act for– (i) mobilization of stakeholders for community involvement for conservation of heritage; (ii) identification of development and municipal needs of the inhabitants; and (iii) recommendation of proposals for preparation of any scheme to the Authority for civic up-lift of infrastructure and conservation of heritage of the Walled City.