Kishan Singh vs Union of India

M.S. Liberhan, J.

This order will dispose of civil revisions No. 744 to 752 of 1988 as common questions of law and facts are involved therein.

The petitioners have sought a direction to the Additional District Judge, Gurdaspur to make payment of the amount deposited by the Union of India as compensation to the petitioners for the acquisition of their lands under the Requisitioning and Acquisition of Immovable Property Act, 1952. The order dated 4.8.1986 passed in F.A.O. No. 585 of 1983.

The Additional District Judge, declined to execute the orders passed by the Appellate Authority, interalia, holding that the execution application is not maintainable in respect of the award given under Section 8 of the Requisitioning and Acquisition of Immovable Property Act. The facts averred are not controverted either by filing the reply or otherwise. It is not disputed that the money in terms of the award in above mentioned F.A.O. stands deposited with the Additional District Judge, Gurdaspur. The same is not being paid to the claimants.

In view of the undisputed facts, I find that the petitioners are entitled to realise the amount deposited by the respondents in satisfaction of the order dated 4.8.1986 passed in F.A.O. No. 585 of 1983. The Additional District Judge, Gurdaspur, is directed to make the said payment to the claimantspetitioners within two months from today. If the Additional District Judge comes to the conclusion that the amount deposited falls short of the amount due, he would treat the order dated 4.8.1986 as a decree and execute the same in terms of Order 21 of the Code of Civil Procedure.

In view of the observations made above, the civil revisions are disposed of accordingly.