2007 PLP 1618 (CLC)

SAHIB KHAN, J.

Ghulam Muhammad etc. 53 persons in number, residents of Village Danyore, Tehsil and District. Gilgit, have knocked at the door of this Court through instant writ petition under section 19-A of Northern Areas Legal Framework Order read with enabling Provision of Constitution of Islamic Republic- of Pakistan, 1973. The contents of writ petition reveal that private properties of the petitioners were acquired for construction of three link roads namely; (1) K.K.H. to Sairabi Kohl, (2) Main Road to Lumberdar House and (3) K.K.H. to D.J. Girls School in Danyore Village, District Gilgit in the year 1999, without adopting procedural formalities provided under Land Acquisition Act, 1894. The award for the said compensation was passed in the year 2004 Rs.1,00,000 (one lac) per Kanal and compensation of a shop has been assessed of Rs.1,48,500 ignoring the nature and value of the land. This amount was received by the petitioner with protest. The petitioners further averred in the petition that they filed a reference petition before the learned Collector (Land. Acquisition, Gilgit) for enhancement of compensation and compound interest etc. who instead of making a reference to Referee Court ordered for filing the reference petition on 11-8-2004. We have heard the counsel for petitioner as well as learned Advocate-General for the respondents and gone through the record of the case file. The learned counsel argued that the mandatory provisions of Land Acquisition Act have been ignored and valuable properties of the petitioners have been acquired without payment of proper compensation by the respondents. Moreover, neither the assessment value of land gild compound interest as admissible under law has been assessed, nor has been paid by the acquiring agency, hence, the petitioners were deprived of their precious rights. Furthermore, as the learned Collector Land Acquisition, Gilgit has violated the law by refusing to make a Reference to Referee Court for determination of grievances of the petitioner. The learned Advocate-General submitted that the link roads were constructed on the request of the petitioners and they had negotiated the rates through agreement deeds on file. He however, agreed that the learned Collector Land Acquisition had not decided the matter relating to reference petition adopting proper procedure provided under section 18 of the Land Acquisition Act. We have noted that on 11-8-2004, Collector Land Acquisition, Gilgit has decided the reference petition filed by the petitioner with the following remarks:-- Just like many other identical cases petition in hand is the result of ignorance of law or non-exercising of authority and powers vested to the Collectors under related provisions of Land Acquisition Act, 1894 which causes unnecessary litigation and heavy losses to public exchequer. Land Acquisition Act, 1894 is an Act authorizing the Government to make compulsory acquisition of private lands for public purposes and for companies, and for determining the amount of compensation to be made on account of such acquisition. In making acquisition the dissatisfactions of the owner are safeguarded through providing certain provisions in the Act. The Land Acquisition Act, 1894 provided remedy to persons dissatisfied with the award made and filed by the Collector under sections 11, 12 of the said Act. In section 18, Part III of the Act, an aggrieved person can apply to the Collector for a reference to the Court for an adjudication of matter referred to. Moreover, this section prescribes the time and within what tune such application can be made. Section 19 of Act lays down the procedure followed by the Collector in making reference. The power and jurisdiction, so vested under section 18 of the Act with the Collector Land Acquisition is purely quasi judicial in nature, who is legally bound to decide the matter in a manner provided and accepted by principles of natural justice and equity and not as routine matter like the case in hand. We would like to further elaborate that a reference under subsection (1) of section 18 of the Act can be filed by the interested parties on the basis of their objection for the measurement of the lands, the amount of compensation, the persons to whom it was paid or the apportionment of the compensation among the persons interested. Under section 18(2)(a) and (b) of the Act Collector has got unfettered powers to determine the question of limitation as provided under this provision being a Reference Court who can dismiss the reference petition being time-barred or make reference to Referee Court. The order dated 11-8-2004, passed by the Collector, Gilgit clearly indicates the method used for adjudication of reference petition filed by the interested persons/petitioners. Neither it is a speaking order nor can be accepted to be judicial one for adjudication of the precious rights of litigant public by a judicial authority functioning under a special law. The learned Collector was duty bound to provide an opportunity to the parties being heard instead of condemning unheard. He can pass an order in the light of section 18 of Land Acquisition Act and facts of the case stating reasons thereof. Accordingly, the learned Collector is required to adjudicate the reference petition after hearing the parties on its merits and also pass an order thereof giving the reasons for such orders within a shortest possible time. Petition disposed of accordingly. File. F.B./26/Glt. Order accordingly.