Smt. Beerbala vs State of U.P. and another

Pankaj Mithal, J.—Heard learned counsel for the petitioner. Land Acquisition Reference No. 217 of 1990 was decided vide judgment order and award dated 31.5.2002. In respect of the above award Execution Case No. 14 of 2001. Mahavir Singh v. State of U.P. and another, is pending in the Court of Additional District Judge Court No. 6, Ghaziabad.

By means of the present writ, petitioner seeks a direction upon the Court of Additional District Judge, Ghaziabad to decide the aforesaid execution case within a time bound period.

In Mangat Ram Tanwar and another Vs. Union of India, , the Supreme Court while dealing with a similar kind of problem relating to delay in disposal of the land acquisition cases directed the State Government to decide all land references u/s 18 within a time bound period of three months with the outer limit of six months.

A Division Bench of this Court in Manoj Kumar and Others Vs. Civil Judge (Junior Division) and Others, , while dealing with the delay in disposal of execution was shocked to note that the execution was being adjourned for the last 7 years and thus expressing displeasure directed for its disposal within two months from the date of presentation of the order before the Court concerned. The Court observed that the judiciary exists for the people and not for lawyers and Judges. In view of the above, the writ petition Is disposed of with the direction to the Court concerned, i.e., Additional District Judge. Ghaziabad to ensure and decide the aforesaid execution case finally in accordance with law as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order.