- (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 :- "16. When the Collector has made an award under Section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government free from all encumbrances." "48. (1) Except in the case provided for in Section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken. (2) Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land. (3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section." A combined reading of these provisions indicates that there is no transfer of title to the Government till possession of the land is taken under Section 16 or in case of emergency, under Section 17. Possession, under Section 16 is taken after the award is made. But the fact of the matter is that only transfer of possession from the owner to the Government passes title. In the present case, the possession is still with the owner. It is really, a hard case that the owner is prevented from, in any manner, dealing with his property and for the last 5 years, no steps have been taken to take possession of the land or to pay compensation to the owner. But this is a matter on which this Court is helpless in these proceedings. The only question, that has to be settled is, whether in the circumstances of this case, the order of the Executing Court, that the execution was premature, is justified. On a combined reading of Sections 16 and 48 of the Act, I have no doubt that the Executing Court has come to a correct decision.;