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1992 Supreme(P&H) 787

PUNJAB & HARYANA HIGH COURT
V.K.Jhanji, J.
Sardar Gurdial Singh
Versus
Union Of India (Uoi)
Civil Revision No. 3675 of 1985,
Decided On : AUGUST 31, 1992

The executing court's jurisdiction is limited to executing decrees or orders of the court and cannot go beyond the same. In the absence of any order or decree in favor of the petitioners, the executing court had nothing to execute.

Headnote:

LAND ACQUISITION - REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 - SECTION 8, 11, 18 - LAND ACQUISITION ACT, 1894 - SECTION 28-A - CO-OWNERS - ENHANCEMENT OF COMPENSATION - EXECUTION OF DECREE - JURISDICTION OF EXECUTING COURT - APPLICABILITY OF SECTION 28-A OF THE LAND ACQUISITION ACT, 1894.

Fact of the Case:

The petitioners, co-owners of land acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952, received compensation as per the agreement with the Military Land Acquisition Officer. Later, the compensation was enhanced by the High Court in an appeal filed by other co-owners. The petitioners filed execution applications claiming enhanced compensation, which were dismissed by the executing court.

Finding of the Court:

The executing court's dismissal of the execution applications was upheld. The court held that the petitioners were not entitled to enhanced compensation as they had accepted the offer made by the Union of India and executed the agreement in form K under the Act. The court also held that the executing court had no jurisdiction to determine compensation under Section 28-A of the Land Acquisition Act, 1894, as the jurisdiction for this purpose lies only with the Collector.

Issues: 1. Whether the petitioners are entitled to enhanced compensation as awarded to other co-owners in an appeal filed by them. 2. Whether the executing court has jurisdiction to determine compensation under Section 28-A of the Land Acquisition Act, 1894.

Ratio Decidendi: 1. The petitioners are not entitled to enhanced compensation as they had accepted the offer made by the Union of India and executed the agreement in form K under the Act. 2. The executing court has no jurisdiction to determine compensation under Section 28-A of the Land Acquisition Act, 1894, as the jurisdiction for this purpose lies only with the Collector.

Final Decision: The revision petitions were dismissed with no order as to costs.

Judgment

V.K.Jhanji, J.

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.

4. Mr. H. S. Gill, Advocate counsel for the petitioners contended that the compensation was enhanced by the High Court on a reference made by the co-owners and therefore, the reference must be deemed to have been made on behalf of all the co-owners, and thus, the petitioners are also entitled to share enhancement. For this, he relied upon two judgments of this Court, (i) Ch. Kehar Singh and Anr. v. Union of India, A. I. R. 1963 Punj 490, and (ii) Bhag Singh and Ors. v. Special Land Acquisition Collector and Anr., (1984) 86 P. L. R. 568, I am afraid to accept this contention for the simple reason that in (i) Ch Kehar Singhs case (supra) and (ii) Bhag Singhs case (supra) the property acquired was joint and the co-owners had no distinct and specified shares therein, and then reference made under Section 18 of the Act by one of the co-owners for enhancement of compensation by the Collector was held to ensure for the benefit of other co-owners as well. In such a case, it was held that the co-owner who is wanting enhancement in the compensation was acting on behalf of other co-owners because their interest was joint and indivisible. However, this is not the position in these cases, fn the present cases, the petitioners theniselves have stated that they had specified share, i.e. 1/8th sare each in the aquired land measuring 123 kanals 8 marls. Once the shares of the petitioners are specified, the other co-owners cannot be said to be acting on their behalf. Otherwise also, the execution applications were not maintainable because the scope of the execution court is limited only to the extent of executing the decrees or orders of the court. As far as the petitioners are concerned, there is no order or decree in their favour which could be executed by the execution court. It is well settled that the Executing Court is to execute a decree and order


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