MUNICIPAL CORPORATION, AMRITSAR Vs. BHUPINDER SINGH

JUDGEMENT

(1.) LAND Acquisition Collector gave award with respect to the land acquired for use by Municipal Corporation, Amritsar by the Govt. of Punjab in the Department of Local Govt., Housing and Urban Development under section 11 of the Land Acquisition Act, 1894. Bhupinder Singh and others put in execution before Civil Judge (Senior Division), Amritsar for executing the award.

(2.) MUNICIPAL Corporation, Amritsar put in objections against the executability of the award saying that the award given by the Land Acquisition Collector under section 11 of the Land Acquisition Act, 1984 is not "decree" of the civil court and as such cannot be executed by the civil court. These objections did not find favour with the learned Civil Judge (Senior Division), Amritsar. He accordingly dismissed these objections and directed the Municipal Corporation, Amritsar to make payment of the balance amount claimed in the execution application to the decree holders. It is this order dated 19.1.1999 of Civil Judge (Senior Division), Amritsar which has been called in question by Municipal Corporation, Amritsar through this revision.

(3.) PART III which starts with section 18 namely "Reference to Court at the instance of the party interested" says that any person interested who has not accepted the award of the Land Acquisition Collector may by written application to the Collector require the determination of the Court whether the award delivered by him was commensurate with the market value of the land acquired and so on.