HARDEV SINGH Vs. HARBANS LAL AND ORS

JUDGEMENT

(1.) By this common order, I shall be disposing of 10 Civil Revisions i.e. C.R. No. 3025 of 2008 (Hardev Singh v. Harbans Lal and Ors.); C.R. No. 3026 of 2008 (Mohinder Singh v. Harbans Lal and Ors.); C.R. No. 3027 of 2008 (Kharaiti Lal v. Harbans Lal and Ors.); C.R. No. 3028 of 2008 (Surjit Singh and Ors. v. Harbans Lal and Ors.); C.R. No. 3029 of 2008 (Ashwani Kumar and Anr. v. Harbans C.R. No. 3025 of 2008 (O&M); (Lal and Ors.); C.R. No. 3030 of 2008 (Tek Chand v. Harbans Lal and Ors.); C.R No. 3031 of 2008 (Des Raj v. Harbans Lal and Ors.); C.R. No. 3032 of 2008 (Chaman Lal v. Harbans Lal and Ors.); C.R. No. 3033 of 2008 (Suman Kumar v. Harbans Lal and Ors.) filed by the private persons and one C.R. No. 1511 of 2008 titled as State of Punjab v. Harbans Lal and Ors. filed by the State of Punjab against the similar impugned order passed by the Executing Court on an application filed by the Auction Purchaser for extension of time. All the aforesaid ten revision petitions are being disposed of together as common questions of fact and law are involved in them. However, for the sake of convenience, the facts are being extracted from Civil Revision No. 3025 of 2008 (Hardev Singh v. Harbans Lal and Ors.).

(2.) In brief, facts of the case are that land of one Bharawan Bai bearing khasra No. 37/15 (8-0), 16 (8-0), 38/11 (8-0), 20 (8-0) and 21 (8-0) situated in the revenue estate of village Jalalabad (West) was acquired by the Department of Colonization, Punjab, through the agency of Land Acquisition Collector, for the public purpose, namely, for construction of Grain Market.

(3.) The Land Acquisition Collector, announced his award dated 30.3.1978. The landowner/ Bharawan Bai, who was unsatisfied with the award of the Collector, filed objections under Sections 18 of the Land Acquisition Act, 1894 (for short, 'the Act') for further enhancement of compensation in which, vide land acquisition case No. 332 dated 27.7.1998, the compensation was enhanced by the Court of Sh. Jaspal Singh, Addl. District Judge, Ferozepur vide his order dated 25.4.2001. The land owner/Bharawan Bai is thus called the decree holder (for short, DH) and the Department of Colonization, Pun-jab , the Judgment Debtor (for short, "JD"). After acquisition of land, Department of Colonization carved out some shops in the land falling in khasra No. 37/15 (8-0) and 16 (8-0) total measuring 16 kanals. Out of the said shops, shops No. 51 to 61 were sold to the present petitioners in an open auction on 22.11.1982 by the Department of New Mandi Township, Punjab, for a consideration of Rs. 1,07,000/- per shop. After allotment, sale deeds were executed by the Government in favour of the auction Purchasers/petitioners, who became the absolute owners of shops Nos. 51 to 61. They obtained necessary licenses from the Department of Food and Supplies and Market Committee, Jalalabad, for running the business of Commission Agents and are occupying the said shops, wherein they have got electric and telephone connections. In nutshell, all the revision petitioners are in possession of the aforesaid shops which are fully functional as Commission Agents shops. The other aspect of the case is that the decree holder Bharawan Bai, in order to realize the enhanced compensation awarded in terms of the orders passed by the Addl. District Judge, Ferozepur dated 25.4.2001, filed execution applications against the Department of Colonization, Punjab (JD), pursuant to which land bearing khasra No. 37/15 (8-0), 16 (8-0) was ordered to be attached by the Executing Court, in lieu of payment of Rs. 9,85,408.50 paise to be made to the decree holder, vide Rapat No. 1036 dated 08.5.2002 and then land bearing khasra No. 37/15 (8-0) and 16 (8-0) was sold in open auction to Jasneek Singh son of Pritam Singh for a sum of Rs. 10,21,000/-on 2.11.2004. He deposited 25% of the sale consideration i.e. Rs. 2,55,250/- at the spot with the Tehsildar, Jalalabad, which was further deposited by the Tehsildar in the appropriate head under the orders of the Court on 6.11.2004. However, the Department of Colonization/judgment debtor also deposited the amount of compensation to be paid to Bharawan Bai/decree holder to the tune of Rs. 8,69,611/- vide cheque No. 187074 dated 24.11.2004. The said amount of Rs. 8,69,611/- has been realized by legal representatives of the deceased Bharawan Bai on 11.10.2005. Jasneek Singh, Auction Purchaser, who had deposited only 25% of the sale consideration of Rs. 10,21,000/-, filed an application dated 29.11.2004, seeking permission of the Court to deposit balance amount of 75% of the sale consideration. It is further pertinent to mention here that no reason whatsoever was assigned in the application for not depositing the balance 75% earlier. The said application for extension of time has been allowed by the learned Executing Court by the impugned order granting him one month's time from the date of the impugned order giving liberty to the Colonization Department/judgment debtor to receive the said amount deposited by Jasneek Singh and further ordered that on the deposit of balance auction money i.e.75%, the auction dated 02.11.2004 shall be treated to be confirmed. It was also ordered that if the balance amount of 75% is not deposited, then the application for extension of time shall be deemed to be dismissed. It was also ordered that "as per record, the decree holders have already realized the execution of the amount which was deposited by the judgment debtor".