The Collector must follow legally valid guidelines for compensation apportionment, and reliance on an unpublished executive circular is invalid.

1. The petitioners have filed this writ petition under Art.32 (2 - A) of the Constitution of India read with S.103 of the Constitution of Jammu and Kashmir for the issuance of a Writ directing tine Collector, respondent No.2 to award compensation of the land belonging to the petitioners acquired by him by apportioning the amount of compensation according to circular dated 12-8-1965 published in the Government Gazette No.20 of 1965 between the petitioners and respondents Nos.3 to 6, or any other writ or direction as the court may deem appropriate in the circumstances of the case.

2. The petitioners have averred that Kh. Nos.202/78, 369/203/78 and 202 Min / 79 measuring 28 kanals and 11 marlas situate in village Jakheni Tehsil Udhampur belonged to the petitioners and the respondent Nos.3 to 6 are tenants and pay cash rent @ Rs.18/- per annum. The above mentioned land was acquired under the Jammu and Kashmir Land Acquisition Act , for the construction of grid station at Udhampur, and that a draft award was prepared by the Collector respondent No.2. It was submitted to the Secretary to Government Revenue Department on 16-8-1969 for approval of the Revenue Minister who accorded his approval vide his No.Rev. (LA) 304/69. The award was announced on 15-10-1969. The total amount of compensation awarded was Rs.69,406.25. Respondent No.2 prepared apportionment statement of compensation which was to be treated as a part of the award announced on 15-10-1969 (vide Annexure 'A'), Respondent No.2, however, omitted to apportion the amount of compensation between the petitioners (the landlords) and the respondents Nos.3 to 6 (the tenants). The award as such is an incomplete document and could not be sustained. Reference under S.18 of the Land Acquisition Act in so far as it relates to the disputes regarding the apportionment could not be possible in the absence of a decision regarding apportionment. After the passing of the award when the petitioners approached the Collector respondent No.2 with a request for the disbursement of the amount of compensation to them, the Collector offered to the petitioners only 18/73 shares of the total amount of compensation and 55/73 shares were offered to the tenants. The basis of the aforementioned apportionment even though unwritten was, according to respondent No.2 the Circular No.3 dated 26th August 1969 issued on 8th September 1969 (vide Annexure 'C'). Before the issuance of the circular Annexure 'C' the relevant provision regarding apportionment was contained in the circular in the form of instructions dated 12-8-1965 published in the Government Gazette No.20 of 1965. Para, No.3 of the aforementioned circular reads as under: -
"Apportionment in the case of holdings under protected tenants : -
(i) In case of holdings under protected tenants the apportionment between the landlord and tenant shall respectively : -
(a) Where the tenants pay one half Of the produce or its equivalent in cash as rent be 90% and 10%;
(b) Where the tenant pays 2/3rd of the produce or its equivalent in cash as rent be 85% and 15%;
(c) Where the tenant pays 1/4th of the produce or its equivalent in cash as rent be 80% and 20 %; and
(d) Where the tenant pays only revenue at Parta Deh rates be 75% and 25%.
(ii) In all other cases where the rates of rent may be different the aforementioned percentage as laid down in sub-parts (I) will guide the calculation of apportionment, ect, etc.............
."
It is further averred that the draft award having been prepared and submitted by the Collector respondent No.2 on 16-8-1969 the apportionment had to be done according to the provisions contained