Law: Constitution of Pakistan, 1973

Section: 199

Law: Land Acquisition Act, 1894

Section: 30, 18, 11, 3(b)

SUMMARY Land Acquisition Act 1894, Section 30, Apportionment. Section 30 of the Land Acquisition Act, 1894 provides that where the amount of compensation has been determined under Section 11 and a dispute arises regarding the apportionment of such compensation or as to the persons entitled to receive the same, the Collector may refer the matter to the Court for adjudication. The provision, therefore, presupposes the existence of a determined amount of compensation forming part of the award. Where no compensation has been assessed or incorporated in the award, a reference under Section 30 cannot be maintained, as there would be no amount available for apportionment. In such circumstances, the appropriate course is either to seek correction or supplementary determination of compensation by the Collector, or, where the competent authority fails to include legally assessable compensation, to invoke the constitutional jurisdiction of this Court for redress of the grievance. Admittedly, the process for acquisition of the petitioners’ property was initiated at the request of the acquiring department, namely the Frontier Works Organization, and was carried to its logical conclusion by the acquiring agency i.e., the Collector, on the basis of the arrangement reflected in Award Nos. 150 dated 19.02.2019 and 477 dated 25.06.2019. It is, however, undisputed that despite the issuance of the said awards, the assessment relating to the improvements existing on the acquired land—such as superstructure, trees, tube well and other installations—was not completed prior to the announcement of the awards. Consequently, the compensation payable in respect of such improvements, which admittedly formed part of the petitioners’ property and belonged to them as landowners, was not incorporated in the awards. Both petitioners indisputably fall within the definition of “persons interested” as contemplated under Section 3(b) of the Act. The owners of acquired land are entitled not only to compensation for the land itself but also for the improvements standing thereon, and such compensation ought to have been assessed and reflected in the award announced…