GURUSHARAN SHARMA, J. - (1.) HEARD the parties and perused lower Court records. In order to acquire lands at villages Sangjori, Maralari, Pipra Tanr and other villages for construction of an Iron and Steel Plant at Bokaro, Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) was published on 9.8.1956 and 21.4.1964. Notifications under Sections 6 and 9 were also issued therefore. Lands were acquired and awards were prepared, Awardees filed applications under Section 18 of the Act, which were registered as Land Acquisition Reference Cases in the Court of Land Acquisition Judge, Bokaro at Chas. Compensation amount awarded by the Collector under the Act was enhanced on such reference. Execution Cases for realisation of the award amount are pending, disposal. The State of Bihar is judgment -debtor. Decree -holders filed application for attaching properties of the judgment -debtor and orders of attachment were passed thereon.
(2.) THE State of Bihar filed objection under Section 47 of the Civil Procedure Code stating therein that compensation amount was liable to be paid by the Managing Director, Bokaro Steel Plant as lands were acquired for the purpose of the plant, which has stepped into the shoes of Hindustan Steel Ltd. According to the judgment -debtor Bokaro Steel Plant was debtor of the State of Bihar and as such request was made to attach the properties of the Plant as garnishee. In some of the execution cases, decree -holders also filed applications under Order XXI, Rule 46 of the Civil Procedure Code for attaching the properties of Bokaro Steel Plant treating them as garnishee of the State of Bihar.
(3.) BOKARO Steel Plant denied the liabilities and stated that they were not responsible to pay the compensation amount as the Lands were acquired under Part -II of the Act for public purposes and at public expenses.;