J.V. Gupta, J. - (1.) THIS order will also dispose of civil revisions Nos. 2629, 2630, 2631 and 2032 of 1987 as the question involved is common in all these cases. As objection petition was filed on behalf the Union of India that the land of the decree holder does not fall in the belt carved out by the High Court and, therefore, he is not entitled to get the compensation on the enhanced rate. On the other hand, the objection petition was contested by the decree holder on the ground that his land falls within 500 meters from the fencing of the Cantonment, so he is entitled to get the compensation at the rate of Rs. 16/ - per square yard According to the executing Court, the purpose for making this belt seems to be that the land which is adjacent to the municipal limits generally fetches more prices. So, only those persons were to get the enhanced compensation whose land is adjacent to the municipal limits. But in this case it is not proved that the land of the decree holder was within 500 metres from the Municipal limit/fencing of the Cantonment, so he is not entitled to the enhanced compensation.
(2.) THE whole approach of the executing Court is wrong and misconceived. The decree holder was required to prove either of the two and not both of them. His case was that his land was within 500 meters from the fencing of the Cantonment, which he has amply proved on record by cogent evidence. The executing Court has erred in observing that the claimant was to prove that his land was within 500 metres from the municipal limits. As observed earlier, from the evidence on record, it stands amply proved that the land in question is within 500 metres from the fencing and therefore, the claimant -decree holder is entitled to the enhanced compensation. The executing Court could not go beyond the decree and it has thus acted illegally and with material irregularity in exercise of its jurisdiction.
(3.) CONSEQUENTLY all these petitions succeed, the impugned orders are set aside and the objection petitions filed on behalf of the Union of India stand dismissed. The parties are, directed to appear before the executing Court on 18.1.1989. The Court will take further proceedings in accordance with law.;