2009 PLP 1055 (CLC)

MUHAMMAD ALAM KHAN, J.

After hearing the learned counsel for the parties at some length, it transpired that petitioners Nos.2 to 4 are minors and they have filed the instant writ petition through Nadia Shabnam widow of Fazal Rehman, as next friend and guardian-ad -litem of the petitioners.

2. Facts of the case are that the landed property of the petitioners was acquired. In this respect award No.1 was announced on 29-11-2007 under the provisions of section 11 of the Land Acquisition Act, 1894, by the Land Acquisition Collector, D.I. Khan. The property was acquired for a public purpose viz. for construction of Saraj Gambila Road Project in 55-National Highway Authority Project, D.I. Khan. On the announcement' of the award the petitioner not being satisfied with the quantum of compensation, filed a reference on 13-2-2008, which has been rejected by the learned Land Acquisition Collector respondent on 14th February, 2008 by a terse order, which is reproduced as under:-- "This is to inform you that your reference under section 18 of the Land Acquisition Act, 1894 titled Mst. Nadia Shabnam etc. v. Land Acquisition Collector NHA etc. has not been referred to the Court of law. It has been rejected for being time-barred." (Sd.) (Malik Mansoor Qaiser) Land Acquisition Collector (N-55), D.I. Khan-Sarai Gambila Project D.I. Khan.

3. The main stance taken by the learned Land Acquisition Collector was that the reference filed by Nadia Shabnam etc. was not within time i.e. not within forty-two days/six weeks from the date of announcement of the award.

4. We have scanned the record of the case and find that petitioners Nos.2 to 4 are minors and when notice under section 9 was issued to them, that was received by Khalil-ur-Rehman, and in the impugned notice they were described as majors but in fact they were minors. There is no evidence on record that at the time of announcement of the award, the petitioners Nos.2 to 4 were present before the Land Acquisition Collector or any notice as envisaged under section 12(2) of the, Land Acquisition Act, was ever issued to them. Thus, in such-like situation, proviso (B) attached to section 18 of the Land Acquisition Act would apply and the period of limitation would be six months from the date of announcement of the award. The award was announced on 29-11-2008, reference petition filed on 13-2-2008, was well within time. The learned Land Acquisition Collector rejecting the application has misconceived the law on the subject. Thus, the impugned order of he learned Land Acquisition Collector dated 14-2-2008 is non-speaking, not in accordance with law and thus the same is liable to be struck down under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the same is declared as such being illegal, ultra vires and without lawful authority.

5. Resultantly, the reference petition dated 13-2-2008 filed by petitioners Nos.2 to 4 through the next friend Nadia Shabnam, is remitted to the learned Land Acquisition Collector with direction to refer the same to the Court i.e. The Referee Court, duly constituted through a 'Notification under the provisions of Land Acquisition Act, 1894, in order to be decided on merits. No order as to costs. Petitioners are directed to appear before the learned Land Acquisition Collector on 30-4-2009. This writ petition is thus disposed off accordingly. H.B.T./108/P Order accordingly.