PROPERTY TAX IN PUNJAB

LAND ACQUISITION ACT 1894

LAND ACQUISITION ACT 1894

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INTRODUCTORY

The Land Acquisition Act, 1894 is an Act to amend the law for the acquisition of land for public purposes and for companies, and to determine the amount of compensation to be paid on account of such acquisition. Thus, the Act confers the right on the appropriate government to acquire land and as a corollary, the right of the owner or the interested person of the land to have a judicial determination of the compensation due to him by the Land Acquisition Authority. Where the land is acquired under the Act, it would not be fair and just to deprive of the holder thereof the payment of the market value. There should be some public purposes in an acquisition and it is unfair, if such a purpose is incorporated in a statute, if the holder of the land is deprived of the market value of the land. The object of the Act of 1894 was stated in the statement of objects and reasons as under:

1. For several years past the amendment of the Land Acquisition Act, 1870, (the immediate predecessor) has been under consideration by the Government of India in communication with local governments.

2. Before the passing of the Act, the valuation of the lands, which it was found necessary to take up for execution of public works, was entirely in the hands of arbitrators, from whose decision there was no appeal. The system led to a lamen­table waste of the public money, both because the arbitrators were incompetent, and sometimes, it is to be feared, corrupt and also because the law, as it then stood, laid down no instructions for their guidance in the performance of their duties. This latter defect, among others, was remedied by the Act of 1870 which it is now . proposed to amend, and which contains detailed instructions as to the matters which are to be considered, and which are to be neglected, in awards of compensa­tion for lands acquired under its provisions. The Act of 1870 also provided for the abolition of the system under which uncontrolled discretion was entrusted to arbitrators; and, in lieu thereof, required the Collector, when unable to come to terms with the persons interested in land which it was desired-'to take up, to refer the difference for the decision of a civil court, usually that of the district judge. In the disposal of such references, the court is aided by assessors, and its finding is final if the judge and one or more of the assessors agree. If, however, the judge and the assessors disagree, an appeal is allowed, which usually lies to the High Court.

3. The Act of 1870 has not, in practice, been found entirely effective for the protection either of the persons interested in lands taken up for the public purpose. The requirement that the Collector shall refer for the decision of the court every petty difference of opinion as to the value, and every case in which any one, perhaps a large number of persons fails to attend before him, has involved in litigation, with all its trouble and delay and expense, a great number of persons whose interest in the land was extremely insignificant. It has, in fact, frequently been the case that the owners of small pieces of land have had to pay court costs of an amount far exceeding the value of the land itself.

4. On the other hand, the provisions of the Act as to the incidence of costs, the whole of which fall on the Collector if the final award is ever so little in excess of the amount of his tender, are such as to encourage extravagant and speculative claims. The chance of altogether escaping the payment of costs is so great, that claimants are in the position of risking very little in order to gain very much, and have, therefore, every motive to refuse even liberal offers made by the Collector, and to try their luck by compelling a reference to the court. Much the same may be said as to the provisions of the existing law regarding the payment of interest. No matter how fair the original offer of the Collector and how groundless the refusal to accept the compensation he has tendered, interest is payable on the amount of the award finally arrived at from the date of the Collector's taking possession of the land. This may be for a period of two or three years, and as interest continues to run until the litigation is finally completed, it is to the advantage of the land owner to protract the proceedings to the utmost. All this costs a very heavy and unde­served burden on the public purse.

5. It is proposed, therefore, to amend the law by making the Collector's award final, unless altered by the decree in a regular suit. Persons interested in land taken up for public works will thus still have the opportunity, if they desire it, of preferring to an authority quite independent of the Collector their claims to more substantial compensation than the Collector has awarded; and will in all cases have further right of appeal to the regular appellate courts. They will no longer, however, be encouraged, to litigate by the feeling they can hardly lose, but may make a great gain by doing so.

6. This change in the procedure for determining the valuation of lands taken up for public works will also render it possible to dispense with the services of the assessors, who are now supposed to assist the court. Considering the difficulty, almost throughout the country, of obtaining the services of such assessors as are really qualified to form a sound opinion on the subject of the valuation of land, it is believed that the proposal to dispense with them, and to leave the matter to the sole arbitrament, first of the Collector and then of the judge, will in no way diminish the efficiency of the court in enquiries in which the value of lands is in issue. It will certainly tend to shorten litigation and to diminish its expense. This comprehensive write-up comprising the Land Acquisition Act, 1894, Land Acquisition (Amendment and Validation) Act, 1967 and the Land Acquisition (Amendment) Act, 1984 is presented to have a handy but an exclusive coverage of the law of land acquisition and its bifurcations in India to the learned readers. A creative feedback from the learned readers, bringing to our notice any mistake, error or omission or discrepancy that might have crept in this book in spite of our sincere efforts to avoid those, is most welcome, for it will help us improve the overall quality, style and presentation of the book in the forthcoming editions.

Map of India

Measurement of land in Punjab

The following are the basic measurements of land used in Punjab & Haryana in ascending order.

• 1 karam is 5.5 ft
• 1 marla is 9 Sq karams (272.25 sq ft)
• 1 kanaal is 20 marlas (5,445 sq ft)
• 1 killa is of 8 kanaals (43,560 sq ft = 1 acre)
• 1 marabba is 25 killas (1,089,000 sq ft = 25 acres)

A killa is measured rectangularly, reckoned as an area 36 karams x 40 karams, or 198 feet x 220 feet = 43,560 square feet.

Kothis are measured in marlas and kanaals. Most are 2-4 kanaals but the big ones can be anything from 4-6 kanaals.

A couple of older measures:

• 1 biswa = 15 Sq karams; 12 biswas = 1 kanaal (50 gaj)
• 1 bigha = 20 biswas - 1008 Sq Yards - 842.68 Sq Mtr (1000 Gaj)

i)In all areas consolidated on the basis of the standard measure of 66 inches i.e. Karam or Gatha:

- 1. 1 Sq. Karam or Sarsahi 3.3611111 Sq.yds.

2. 9 Sarsahies or 1 Marla 30.249999 Sq.yds say 30.25 Sq.yds.

3. 20 Marlas or 1 Kanal 604.99996 Sq.yds say 605 Sq.yds.

4. 160 Marlas or 8 Kanals 4839.99998 Sq.yds.say 4840 Sq.yds. (1 acre)

(ii)In the areas consolidated on the basis of the local meas ure and the non- consolidated areas of Amritsar, Gurdaspur, (except Shahpur Hill Circle and Chak Andar in Pathankot tehsil), Feroz epur (except Fazilka) and the erstwhile pr incelyState of Faridkot:

1. 1 Karam 60 inches

2. 1 Sq. Karam or Sarsahi 2.777777 Sq. yds.

3. 9 Sarsahies or 1 Marla 24.999999 Sq. yards say 25 Sq.yards.

4. 20 Marlas or 1 Kanal 499.9999 Sq. yards say 500 Sq.yards

5. 193.60 Marlas (9 Kanals1 Acre or 4840 Sq.yds 13 Marlas 5 Sarsahis)

(iii) In the areas consolidated on the basis of the local measure and the non- consolidated areas of Hoshiarpur, Jalandhar, Anandpur Sahib (Ropar) and the Shahpur hill Circle in Gurdaspur District:

1.1 Karam 57.5 inches

2. 1 Sq. Karam or Sarsahi 2.5511188 Sq.yds.

3. 9 Sarsahies or 1 Marla 22.960069 Sq.yards say 22.96 Sq.yds

4. 20 Marlas or 1 Kanal 459.20138 Sq.yards say 459 Sq.yards.

5. 210.80 Marlas (10 Kanals I Acre or 4840 Sq.yds.10 Marlas 7 Sarsahis)

(iv) In the area consolidated on the basis of the local measure and the non-consolidated areas of the erstwhile princely State of Kapurthala:

1. 1 Karam 54 inches

2. 1 Sq. Karam or Sarsahi 2.25 Sq.yds.

3. 9 Sarsahies or 1 Marla 20.25 Sq.yards

4. 20 Marlas or 1 Kanal 405 Sq.yards.

5. 239 Marlas (11 Kanals1 Acre or 4840 Sq.yds.19 Marlas)

1 Karam or Gat ha x 1 Karam or Gatha

1 Sq. Karam or Biswansi 20 Biswansis

1 Biswa20 Biswa 1 Bigha

PROPERTY MEASUREMENTS

OLD SURVEY MEASUREMENTS. Old surveys were often measured using a Surveyors Chain. These were literally chains made up of 100 links. Each Chain was 66 feet long. Each link was 0.666 of a foot...or 7.92" To convert the distances on a plat measured in chains (abbreviate Ch) simply multiply the distance in chains by 66.  Another common unit of measurement was the Pole.   The Pole is exactly what it sounds like; a wood pole which was 16.5' feet long.  To convert the distances on a plat measured in poles (abbreviated P) you must multiply the distance by 16.5  A Pole is sometimes called a "perch"on old surveys. MILES   A mile is defined as being 5,280 feet in length.

AREA MEASUREMENTS  The standard unit of measuring land in the United States is the ACRE. An Acre is equal to 43,560 square feet (Sq. Ft.) of area.   An acre is also equal to 10 square chains ( 66 x 66 x 10 = 43560 Sq. Ft.)  or 160 square rods (16.5 x 16.5 x 160 = 43,560 Sq. Ft.) There are exactly 640 Acres in one square mile. Seeing how older units of measurement like the chain and the pole can be converted into acres it is easy to see that seemingly odd distances (66' and 16.5') really did make sense. WHAT DOES AN ACRE LOOK LIKE? If you had a parcel of land that was exactly 1 acre in size and was perfectly square it would be 208.71' on each of the 4 sides. If the same lot were a rectangle 100' wide it would be 435.60' feet deep (long).

Manual of Instructions for the Survey of the Public Lands of the United States; 1973Prepared by the Bureau of Land Management, Technical Bulletin 6;  pub. U.S. Dept of Interior

Methods of Survey The methods described in this chapter comprise the specifications for determining the length and direction of lines. DISTANCE MEASUREMENT Units 2-1. The law prescribes the chain as the unit of linear measure for the survey of the public lands. All returns of measurements in the rectangular system are made in the true horizontal distance in miles, chains, and links. (Exceptions are special requirements for measurement in feet in townsite surveys, chapter VII, and mineral surveys, chapter X.) Units of Linear Measure 1 chain = 100 links  1 chain = 66 feet 1 mile = 80 chains  1 mile = 5,280 feet   Units of Area 1 acre = 10 square chains = 43,560 square feet 1 square mile = 640 acres   The chain unit, devised in the seventeenth century by Edmund Gunter, an English astronomer, is so designed that 10 square chains are equivalent to one acre. In the English colonial area of the United States the boundaries of land were usually measured in the chain unit, but lengths of lines were frequently expressed in poles. One pole is equal to 25 links, and four poles equal one chain. The field notes of some early rectangular surveys in the southern States show the distance in "perches," equivalent to poles. The term now commonly used for the same distance is the rod. Land grants by the French crown were made in arpents. The arpent is a unit of area, but the side of a square arpent came to be used for linear description. The Spanish crown and the Mexican Government granted lands which were usually described in linear varas. Both the arpent and the vara have slightly different values in different States. The conversions most often needed are shown in the Standard Field Tables.   Surveying measurements compiled by Margie over the years Surveying Measurements 1 yard = 3 ft = 0.9144 meter 1 rod, perch, or pole = 25 links = 16.5 ft 4 rods = 1 chain 1 chain = 4 rods = 66 ft = 100 links 10 chains = 1 furlong 1 link = 1/100 of surveyor's chain = 7.92 inches 25 links = 1 rod = 16.5 ft 100 links = 1 chain = 66 ft 1 furlong = 10 chains = 1/8 mile = 220 yards = 660 ft = 201.168 meters 8 furlongs = 1 mile 1 mile = 80 chains = 320 rods = 1,760 yards = 5,280 ft = 1,609.344 meters league = 3 statute miles = 4,828.032 meters Land Longitude Square and Surveyors Measure   7.92 Ins.-----------------------------------------------------------Link 10 Sq. Chains----------------------------------------------------Acre 12   Ins.--------------------------------------------------------------Ft. 160 Sq. Rods----------------------------------------------------Acre 144 Sq. Ins.---------------------------------------------------Sq. Ft. 4840 Sq. Rods-------------------------------------------------- Acre 3 Ft.---------------------------------------------------------------Yard 43560 Sq. Ft. ---------------------------------------------------Acre 9 Sq Ft. ---------------------------------------------------- Sq. Yard 40 Rods ------------------------------------------------------ Furlong 6 Ft. (A mans reach)--------------------------------------- Fathom 8 Furlongs --------------------------------------------Standard mile 25 Links----------------------------------------------------------- Rod 640 Acres (1 sq. mile) ----------------------------------1 Sq. Mile 5 1/2 Yds.---------------------------------------------------------Rod 1760 Yds.------------------------------------------------------ 1 mile 16 1/2 Ft.----------------------------------------------------------Rod 5280 Ft. -------------------------------------------- 1 Common mile 30 1/4 Sq. Ft. --------------------------------------------1 sq. Rod 6080.20 Ft.------------------------------------------ 1 nautical mile 16 1/2 Ft.   ---------------------------------------------------- Perch 6076.097 Ft. ----------------------------------------------1 Air mile 40 Sq. rods ---------------------------------------------------- Rood 640 Acres (1 Sq. mile)----------------------------------- 1 section 600 Ft.(100 Fathoms) ----------------------------------------cables length 320 Acres ----------------------------------------------- 1/2 section 100 Ft.------------------------------------------------------ 1 section 160 acres ----------------------------------------------  1/4 section 66 Ft. ------------------------------------------------------------ chain 80 acres ------------------------------------------------- 1/8 section 4 rods------------------------------------------------------------ chain 40 acres ----------------------------------------------- 1/16 section 4 perches ------------------------------------------------------- chain 20 Acres ----------------------------------------------- 1/32 section 4 poles ---------------------------------------------------------  chain 10 acres ----------------------------------------------- 1/64 section 100 links -------------------------------------------------------- chain 23040 Acres ------------------------------------- 1 USA Township 4 Roods --------------------------------------------------------- acre 3 standard miles--------------------------------------------- League   Long Measure Sq. Measure Surveyors Measure Cubic Measure 12 ins.-----------------------1 ft. 144 Sq. Ins.-----------1 Sq. Ft. 7.92 Ins.---------1 Link 1728 Cubic Ins.------------ 1 cubic Ft. 3 Ft.----------------------  1 Yd. 9 Sq. Ft. -------------1 Sq. Yd. 25 Links -------- 1 Rod 27 Cubic Ft.--------------1 Cubic yard 5 1/2 Yds.  ------------- 1 Rod 30 1/4 Sq. Yd -- ---1 sq. Rod 10 Chains ----- 1 Acre 128 Cubic Ft.-----------(1 cord wood) 40 Rods-------------  1 Furlong 40 Sq. Rods ---------- 1 Rood 160 Sq. Rods --1 acre 40 Cubic Ft.----------- 1 ton(shipping) 8 Furlongs -------------- 1 Mile 4 Roods ---------------- 1 Acre 640 Acres---1 Sq. Mi. 2150.42cubic ins. ------ 1 standard bushel 3 Miles  ------------- 1 League 640 Acres ----------- 1 Sq. Mi. 36 miles Sq.----Township 231 Cubic Ins.-------USA standard gallon     6 Mi.Sq.---- Township 1 Cubic Ft. ----------- 4/5 of a bushel

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