DEVKINANDAN Vs. STATE OF M P

JUDGEMENT

(1.) Brief facts for adjudication of this matter are as under:-

(2.) The respondent No.1-State of Madhya Pradesh acquired the land belonging to the petitioner and his mother namely Smt.Dhanwanti Bai for public purpose under the provisions of Land Acquisition Act. In lieu of the land acquired, the compensation was awarded by the Collector by his award. Since the award was not adequate, the petitioner and his mother and other claimants applied for reference under the said Act. The reference was made to the Reference Court, namely, the Court of Second Additional District Judge, Bhind under Section 18 of Land Acquisition Act. The said Court is hereinafter called as 'Reference Court'. The Reference Court enhanced the compensation by award dated 29.11.1996 (Annexure P/2). The award got stamp of approval by this Court in Appeal preferred by the State of Madhya Pradesh.

(3.) The case of the petitioner is that the said award is a "decree" within the meaning of Section 2 of the Code of Civil Procedure. For execution of said award, the petitioner filed an execution application jointly before the Reference/Executing Court on 28.3.1997 (Annexure P/3). The case was registered as Execution Case No. 8/92x97.