LUDHIANA IMPROVEMENT TRUST Vs. NASIB SINGH

JUDGEMENT

(1.) BY way of present revision petition the petitioner has challenged the orders passed by the learned Senior Sub Judge, Ludhiana dismissing the objections filed by the petitioner as also the order passed by the learned Additional District Judge, Ludhiana dismissing the appeal filed by the petitioner against the said order.

(2.) LAND of Nasib Singh was acquired by the Improvement Trust in the year 1972 and as compensation paid was not adequate an application was filed by said Nasib Singh for the enhancement of the compensation. The Tribunal vide award dated 23.4.1986 enhanced the compensation under Section 18 of the Land Acquisition Act, 1894 (for short the Act). The petitioner Improvement Trust failed to pay the enhanced compensation awarded by the Tribunal resulting in filing of execution application for claiming an amount of Rs. 58,06,444/-. Order passed by the learned Tribunal was not challenged, thus, the said award had attained finality, though Nasib Singh moved this Court for enhancement.

(3.) IT may be noticed here that the Land Acquisition Tribunal, Ludhiana besides enhancing the compensation also allowed interest at the rate of 15 per cent per annum from the date of delivery of possession till realisation. As already observed earlier in response to the notice issued under Order 21 Rule 66 of the Code in spite of service of notice the petitioner Judgment Debtor did not file reply. In the objection filed under Order 21 Rule 90 it was pleaded by the petitioner that auction/sale has been ordered without deciding the application under Order 21 Rule 66 of the Code and also on the ground that there has been a fraud and irregularity in publishing and conducting the sale of property. It was further claimed that there was willful undervaluation and misdescription of property resulting in sale at a very low price through the close relative and friends.