Heard Sri A.P. Srivastava, Advocate learned counsel for the petitioner. This writ petition has been filed by U.P. Avas Vikas Parishad against the order of the First Additional District Judge, Aligarh dated 22.03.1991, passed in Execution Case No. 2 of 1997, whereby order has been passed for issuance of writ of attachment for item no. 2, detailed in the execution application, returnable by 22nd April, 1991.
Counsel for the petitioner contended that item no. 2 mentioned in the execution application is the property of the Avas Vikas Parishad. The execution case arises out of award of the Land Acquisition Officer and in view of the judgment of the Hon'ble Supreme Court in the case of Hissar Improvement Trust vs. Smt. Rukmani Devi and another, reported in AIR 1990 SC 2033, execution of the award can only be effected against the Collector and not against the authority in whose favour the land, after acquisition, has been transferred. He further points out that the entire amount of the cost of land was paid by the Avas Vikas Parishad to the State and an objection to that effect was also filed before the Executing Court, which has not considered the same. Under the interim order of this Court the entire proceedings of the execution had been stayed.
I am of the considered opinion that the award, which has become final between the parties, has to be executed and the dispute between the Collector and the Avas Vikas Parishad cannot be made a ground for denying the land holder the payment of compensation and interest, which has been awarded in their favour.
In such circumstances this Court feels that the interest of justice would be served by providing that the petitioner may file their objections before the Executing Court with reference to the judgment of the Hon'ble Supreme Court in the case of Hissar Improvement Trust (supra) as well as on the other grounds to the effect that the execution cannot be proceeded against them and can be proceeded against the Collector alone. If such objection is filed by the petitioner within four weeks from today along with certified copy of this order, the Executing Court shall consider the same and shall pass necessary orders thereon within four weeks thereafter. After the objections of the petitioner are decided, the Executing Court shall conclude the execution proceedings by hearing the matter on day-to-day basis without granting any unnecessary adjournment to either of the parties.
With the aforesaid observation/direction the present writ petition is disposed of.
Order Date :- 13.1.2010 Pkb/