M.L.SINGHAL, J. - (1.) LAND Acquisition Collector gave award with respect to the land acquired for use by Municipal Corporation, Amritsar by the Govt. of Punjab in the Department of Local Govt., Housing and Urban Development under section 11 of the Land Acquisition Act, 1894. Bhupinder Singh and others put in execution before Civil Judge (Senior Division), Amritsar for executing the award.
(2.) MUNICIPAL Corporation, Amritsar put in objections against the executability of the award saying that the award given by the Land Acquisition Collector under section 11 of the Land Acquisition Act, 1984 is not "decree" of the civil court and as such cannot be executed by the civil court. These objections did not find favour with the learned Civil Judge (Senior Division), Amritsar. He accordingly dismissed these objections and directed the Municipal Corporation, Amritsar to make payment of the balance amount claimed in the execution application to the decree holders. It is this order dated 19.1.1999 of Civil Judge (Senior Division), Amritsar which has been called in question by Municipal Corporation, Amritsar through this revision. Learned counsel for the petitioner (Municipal Corporation, Amritsar) has submitted that the award given by the Land Acquisition Collector under section 11 of the Land Acquisition Act, 1894 is not decree of the court, as such, could not be executed through the civil court. In the court only "decrees" which are passed by the court can be executed. He has further submitted that it is only the award given under section 26 of the Land Acquisition Act, 1894 which is "decree" of the civil court and is executable by the civil court. Section 26 of the Land Acquisition Act, 1894 reads as follows:- 26. Form of awards - (1) Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of Section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts. (2) 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, 1908.
(3.) PART III which starts with section 18 namely "Reference to Court at the instance of the party interested" says that any person interested who has not accepted the award of the Land Acquisition Collector may by written application to the Collector require the determination of the Court whether the award delivered by him was commensurate with the market value of the land acquired and so on.;