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Transfer of Evacuee Land (Katchi Abadi) Act, 1972

Act· 1972· 4 pages
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Summary

Enacted in 1972 during a state of emergency, this Act deals with informal settlements, known as katchi abadis, built on 'evacuee land,' meaning property abandoned by evacuees under earlier partition-era rehabilitation laws. Section 4 cancels, as of the 'appointed day' (15 March 1972), all prior allotments and transfers of evacuee land within a declared Katchi Abadi, with compensation payable to those affected, except where the occupant already held the land on that day and it does not exceed their verified claim.

Section 5 lets anyone who was occupying evacuee land in a Katchi Abadi on the appointed day, and did not own another plot, house or shop, get ownership (proprietary) rights over up to five marlas of that land, on paying a price the Chief Settlement Commissioner sets based on 1947 market prices; this price can be paid as a lump sum or over six half-yearly instalments and goes into the relevant 'compensation pool' under the 1958 rehabilitation and settlement laws. Section 6 lets the Chief Settlement Commissioner resume any evacuee land in a Katchi Abadi that isn't transferred under Section 5, using force if necessary to recover vacant possession, and Section 7 allows a scheme to be prepared for carrying the Act out.

Section 8 makes resisting or interfering with enforcement of the Act punishable with rigorous imprisonment up to one year, or a fine, or both. Section 9 requires the Chief Settlement Commissioner's prior written approval before any prosecution, and Section 10 bars courts from questioning actions taken under the Act. Section 11 validates earlier actions taken under a since-repealed Martial Law Order.

Key topics

katchi abadi (informal settlements)evacuee landproprietary land rightsland resumption and compensation

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