UNION OF INDIA Vs. NIRMAL SINGH

JUDGEMENT

(1.) This revision petition has been filed under Article 227 of the Constitution of India praying for setting aside the impugned orders dated 12.12.2016, 02.12.2017 and 06.12.2018 passed by the learned Executing Court.

(2.) Some facts are required to be noticed. The Union of India requisitioned 1968.55 acres of land in villages Daya Kalan and Talwandi Mallian under the Defence of India Act vide order dated 04.04.1963. Thereupon, the possession of land was taken over on the next day i.e. 05.04.1963. The State of Punjab acquired the said land under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as "the 1952 Act") for defence purpose. The Special Land Acquisition Collector proposed compensation of the acquired land at a particular rate. The land owners, who were deprived of the lands, prayed for reference being not satisfied with the amount of compensation determined by the Special Land Acquisition Officer. Thus, the references were made to the learned Additional District Judge, Ferozepur exercising the powers of Arbitrator. The Arbitrator decided 40 references vide award dated 11.02.1985. The Arbitrator determined the compensation separately while dividing the land in various categories Chahi, Barani and Banjar Jadid. The compensation was enhanced. In addition thereto, the land owners were held entitled to solatium @15% and interest @ 6%. The land owners prayed for enhancement by filing appeals before this Court, which were disposed of. The main judgement was passed in F.A.O. No. 427 of 1985 titled as "Atma Singh and others v. Punjab State and another" decided on 07.05.1986. This Court re-determined the market value of Chahi and Nahri qualities of land at Rs. 16,000/- per acre, whereas the compensation qua the Barani land was revised to Rs. 11,000/- per acre. The land owners were also found entitled to solatium @ 30% and interest @ 9% per annum from the date of acquisition till the expiry of one year and thereafter, @ 15% per annum till the entire compensation was paid. It appears that the aforesaid judgements passed by this Court have become final.

(3.) At one stage, the learned Executing Court held that the judgement passed by this Court directing for payment of solatium @ 30% and the interest @ 9% per annum from the date of acquisition till the expiry of one year and thereafter, @ 15% per annum till the payment of entire compensation, is nullity. However, this Court, in Civil Revision No. 1604 of 1999 titled as "Atma Singh and others v. Punjab State and another" decided on 07.02.2013 and other connected cases, held that the learned Executing Court cannot traverse beyond the judgement passed by the Court. The operative part of the order passed by this superior Court is extracted as under: