- (1.) O. P. Jain, J. This revision has been filed against the order passed by XV Additional District Judge, Allahabad on 2-2- 1995 by which it has been ordered that a property belonging to Allahabad Development Authority (here inafter called the authority) known as Indira Bhawan situated in Civil Lines Allahabad may be auctioned for the realisation of a sum of Rs. 43, 51,384-45 It appears that some land was acquired by Special Land Acquisition Officer (SLAO) for the authority and an award was given on 30-4-1991 by XV Additional District Judge, Allahabad in favour of the owners of the land. The owners who are respondents Nos. 1 and 2 in this revision filed an execution application for the realisation of the amount and on that application the impugned order was passed.
(2.) SRI B. B. Paul, learned counsel for the revisionist and SRI Ashok Khare, learned counsel for the respondents have been heard. The first contention on behalf of the revisionist is that an award given by the Court on a reference under Section 18 of Land Acquisition Act (hereinafter called the Act) is not enforceable and that the party in whose favour the award is given by the Court has to file a civil suit for the recovery of the amount awarded by the Court. In support of this contention the learn ed counsel for the revisionist has cited Ram Jiawan v. State of U. P. , (1992) 2 Land Acquisition Laws, 304, para 64 in which it has been held that the remedy may be enforced by filing a civil suit or a petition under Article 226 of the Constitution. The authority cited by the learned counsel is not applicable to a case where the award has been made by the Court under Section 18 of the Act. Para 64 of the above authority is in respect of an award made by the Collector under Section 11 of the Act. This is clear from the fact that in the vary first line of paragraph 64 it is stated that an award under the Act is a statutory offer of the compensation mentioned therein. It is well settled that the award made by the Collector is in the nature of an offer. Therefore the remedy of petition under Article 226 of the Constitution is to be availed of in case o! an award made by the Collector under Section 11 of the Act.
(3.) SO far as the award by the Court under Section 18 is concerned, Section 26, sub-clause (2) of the Act clearly states as under: "every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of Section 2, clause (2), and Section 2, clause (9), respectively, of the Code of Civil Procedure. " In view of this clear provision there is no scope for argument that an award given by the Court under section 18 of the Act is not enforceable.;