UNION OF INDIA Vs. BALBIR SINGH AND OTHERS

JUDGEMENT

(1.) THE Appellant has challenged the order of the learned Executing Court whereby their objections under Section 47 of the Code of Civil Procedure were rejected.

(2.) THE State of Punjab by a notification under Section 4 of the Land Acquisition Act published on October 29, 1976, acquired 2400 Bighas and 10 Biswas of land situate in the revenue estate of Bhatinda for the Union of India for the extension of Military Cantonment at Bhatinda. Quantum of compensation payable to the claimants was finally adjudicated upon by this Court. The Respondents' land was also acquired under the notification dated October 29, 1976. The compensation finally assessed was not deposited by the Union of India necessitating the filing of the execution application. Warrants of attachment were issued and Health Centre of Northern Railway at Bhatinda was attached. The Union of India filed objections against the attachment on the ground that the attached properly was not liable to be attached in view of the provisions of Section 136 of the Indian Railways Act (for short "the Act"). The learned Executing Court dismissed the objections holding that the attached property did not fall within the ambit of the Act. The Union of India has challenged the order of the learned Executing Court in Execution First Appeal.

(3.) WITH the above observations, the appeal is disposed of. However, the parties are left to bear their own costs.