UDMI RAM Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This execution first appeal is directed against the order of the Execution Court holding that the Execution application is premature.

(2.) The application for execution has arisen in the following circumstances. The land measuring 42 acres, 2 kanals and 10 marlas is required by the Government for the construction of Mandi and Model Town in Narwana, District Jind. This land includes 10 bighas 11 biswas of appellant's land. A notification under Section 4 of the Land Acquisition Act was published on the 15th September, 1958 which was followed by a declaration under Section 6 of the Act vide notification of 3rd February, 1961. An award was made on the 18th January, 1964 and the appellant was awarded compensation to the tune of Rs. 13,282.50 for his land. As the compensation was not paid, the appellant took out execution of the award inasmuch as the award is executable as a matter under Section 26(2) of the Act. An objection was taken to the execution of the award by the Government Pleader that the same was premature. This objection is based on Sections 16 and 48 of the Land Acquisition Act and has prevailed. Hence this appeal.

(3.) Before dealing with the contentions of the appellant it will be proper to set out the provisions of Sections 16 and 48 of the Act. They are in these terms :-