The constitutional petitions W.P. No. 664 of 2014, W.P. No. 2596 of 2014 and W.P. No. 2035 of 2019 have common facts and seek the same relief viz. the compensation for the land acquired by the National Highway Authority (NHA) for the construction of Additional Flyover No. 19-A, LIMP , NHA.
2. The learned counsel for the parties have been heard. The counsel for NHA does not take cavil of the primary right of the petitioners to be compensated for the acquisition of land which has already taken place and the project too has been completed. It is common ground between the parties that the award for acquisition has not been made. This Court has on the previous dates of hearing appointed two Commissions for various purposes. However , I do not find it expedient to refer to the reports of the Commission nor it is necessary to do so. The simple question before this Court is regarding the failure on the part of the respondents to reimburse the petitioners with the compensation due to them under the law for acquisition which took place in the year 1997. It is the case of NHA that at that time the acquisition was made by the Punjab Highway Authority and NHA was not empowered under the law to do so. Thus, the entire process of determining the compensation has to be done by District Collector Rawalpindi. Reference was made to the various proceedings pursuant to the notification issued under Section 4 which is available on the file yet the proceedings did not culminate into the making of an award. Be that as it may, the primary responsibility lies with the Respondents No. 2, 3 and 4 for undertaking proceedings for the determination of compensation and for making of the award in favour of the petition ers. The parties are not at issue on this basic question and so the necessary respondents ought to fulfill their obligations under the law expeditiously and with all deliberate speed.
3. These petitions are allowed . The District Collector , Rawalpindi is directed to complete the determination of compensation due to the petitioners. The matter thereafter shall be referred to the Land Acquisition Collector who shall pass an award in accordance with law. The entire proceedings shall be completed within a period of three months from today . A report shall be filed by the District Collector Rawalpindi along with the award made pursuant to the orders of this Court to the Deputy Registrar (Judicial) of this Court at the end of the three months period.