BISWESWAR BHATIA Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THE claimant is the petitioner. Land measuring A. O. 14 decimals in Podapada mouza was acquired by the Government belonging to the claimant for construction of National Highway No. 42. The award was passed Under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and thereafter the claimant filed execution case for execution of the award passed in L. A. Misc. Case No. 5 of 1986. The Subordinate Judge rejected the execution petition as not maintainable because be was of the opinion that fixation of valuation by the Court Under Section 18 of the Act being in the nature of a declaratory decree was not executable and dismissed the execution petition. This order is an assailed in this Civil Revision.

(2.) WHILE passing such order, as it appears, the trial Court lost sight of Section 26(2) of the Act, Section 26(a) of the Act was acted by Amending Act 15/21 to make an award by the Court a decree and the grounds of award a judgment. The effect of Section 26(2) of the Act in declaring an award to be a decree within the meaning of Section 2(2) of the C P C is that election can be taken out on the basis of the award as if it were a Civil Court decree and it is not necessary to sue for a decree on the basis thereof. Therefore, the award passed by a Court being a decree within the meaning of Section 2(2) of the CPC is executable, in this case the executing Court's order rejecting the execution petition only on the ground that the award being in the nature of a declaratory decree is inexecutable, is not sustainable. Therefore, I set aside the order dated 28 -9 -1991 passed 'by the Sub -Judge, Dhenkanal and remit the matter to the learned Sub -Judge to proceed in accordance with law.