TERRIFIC STEEL PVT LTD Vs. LAND ACQUISITION COLLECTOR WEST

JUDGEMENT

(1.) The captioned writ petition is directed against the order dated 28.12.2010 (in the nature of amendment to the award pfassed under section 11 of the Land Acquisition Act, 1894), passed by the Land Acquisition Collector (West) (in short, LAC) in award bearing no.03/DC(W)/2008-2009 (in short the award). The petitioner is aggrieved by the fact that the impugned order directs sharing of compensation awarded by virtue of acquisition of the property, being: Khasra no.460, Village Mundka, Delhi (hereinafter referred to as the said property), admeasuring 2 bighas 3 biswas i.e., 2150 sq. yds. between itself and respondent no.2. It is the case of the petitioner before us that the compensation awarded qua the aforementioned property should, in its entirety, be paid to it, to the exclusion of respondent no.2.

(2.) This contention arises in the background of the following facts, which are required to be noticed in order to adjudicate upon the assertions made in the writ petition.

(3.) The aforementioned property was acquired by the petitioner pursuant to the participation of one of its directors in a public auction carried out pursuant to a decree dated 29.07.2004 obtained by an entity, by the name of Bhushan Steel and Strips Ltd. (in short Bhushan Steel). Bhushan Steel had instituted a suit being : CS(OS) 1886/2003 against one Jai Kishan Bansal, proprietor of J.K. Bansal Industries. The decree was for a sum of Rs.26,72,262/- with pendente lite and future interest at the rate of 9% p.a. till the date of realization, in addition to costs. Pursuant to the decree having been obtained by Bhushan Steel, an execution petition was filed which was registered as : EP 92/2005. In the said execution proceedings, this court by an order dated 31.05.2005 attached the aforementioned property. Since, the judgment debtor, i.e., Sh. Jai Kishan Bansal failed to satisfy the decree, the aforementioned property was put to auction.