LAKHBIR SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This order of mine shall dispose of four revision petitions i.e. Civil Revision Nos. 5857 of 2014, 6262 of 2014, 6267 of 2014 and 6268 of 2014 as the question, involved in all these petitions, is common. For the purpose of adjudication, facts are being taken from Civil Revision No. 5857 of 2014.

(2.) Vide impugned order dated 4.3.2014, passed by learned Additional District Judge, Bathinda, application under Order 21 Rule 11(2) CPC read with Section 151 CPC was dismissed. The land of petitioner was acquired for establishment of Military Cantonment at Bathinda on 20.1.1975 and the competent authority assessed the market value of the acquired land vide award dated 6.3.1975. The decree holder along with other claimants was not satisfied with the award of the competent authority and sought reference. Accordingly, Mr.M.S.Ahluwalia, Additional District Judge, Bathinda, was appointed as Arbitrator, who determined the market value of the land vide order dated 7.6.1985. Petitioner had taken plea before the Court below that his land falls within the second category and he was entitled for compensation at the rate of Rs. 16/- per square yard and an amount of Rs. 13,42,501.55 was due to the decree holder towards the judgment debtor but that payment has not been made.

(3.) Judgment Debtor contested the application on the ground that claim/execution petition is time barred. No interest is payable on solatium. The decree holder was paid compensation at the rate of Rs. 8.50 per square yard as per award of the arbitrator and nothing balance is payable.