SARDAR GURDIAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order of mine will dispose of Civil Revision Nos. 3675, 3680 and 3681 of 1985.

(2.) ALL these revision petitions arise out of order dated 5-9-1985 passed by the Additional District Judge, Ambala, dismissing the execution application of the petitioners.

(3.) BRIEFLY, the facts are that Union of India requisitioned 85. 5 acres of land in the year 1966. This very land was acquired under the provisions of Requisitioning and Acquisition of Immovable Property Act, 1952, (briefly 'the Act' ). The acquired land included land measuring 123 kanls 8 marlas which was jointly owned by Gurdial Singh petitioner, Jai Singh, Joginder Singh etc. , Sawan Singh and Durgi. On an application made by Sawan Singh and Durgi, Sh. N. K. Jain, Additional District Judge, Ambala was appointed as Arbitrator, who gave his award on 24-11-1981. His award was challenged by Sawan Singh and Durgi by filing an appeal in this Court, the number of appeal being FAO No. 167 of 1982. The said appeal was decided by this court on 18-11-1983. The compensation payable to the appellants there in was enhanced. As far as the petitioners are concerned, they entered into an agreement with Military Land Acquisition Officer on behalf of Government of India in from 'k' and with regard to amount of compensation, the petitioners having given their consent to accept the said offer, received the amount of compensation. After the decision of F. A. O. No. 167 of 1982, the petitioners filed execution applications before the Additional District Judge in which it was claimed that they are also entitled to enhanced compensation as awarded to the appellants in F. A. O. No. 67 of 1982. The Additional District Judge dismissed the said execution applications being not maintainable. The executing Court also found that once the petitioners had accepted the offer made by Union of India and had executed the agreement in form 'k' as provided under the Act, they are bound by the said acceptance and would not be entitled to claim enhanced compensation under Sections 8 and 11 of the Act. These orders are being impugned in the present revision petition.