IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.3912 of 1987 Date of decision: 12.2.2009 The Improvement Trust, Jind (D). -----Petitioner Vs. Deep Chand and another. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present:- Mr. Raj Kumar Gupta, Advocate for the petitioner. ----- ORDER: This revision petition has been filed by the Improvement Trust, Jind against order of the executing Court. Land of the decree holder was acquired for the scheme prepared by the Improvement Trust under the provisions of Punjab Town Improvement Act, 1922 (for short, “the 1922 Act”). Award was passed in favour of the decree holder. In execution, the Improvement Trust took an objection that payment had already been made in favour of person who has been recorded as owner. The executing Court held that since in the award, the decree holder was held to be entitled to compensation, the executing Court was bound by the award and mere fact that the Trust had already made payment to somebody else, was not enough to C.R. No.3912 of 1987 deprive the decree holder of the payment. The Improvement Trust was given liberty to recover the amount from the person whom wronglful payment has been made. We are of view that there is no error in the direction of the executing Court for payment of compensation to the person in whose favour award has been made. The decree holder could not be deprived of the compensation merely because the Improvement Trust has made payment to somebody else by mistake. The interest of Improvement Trust has been safeguarded by giving liberty to recover the amount from such person. Accordingly, this petition is dismissed. ( ADARSH KUMAR GOEL ) JUDGE February 12, 2009 ( JITENDRA CHAUHAN ) ashwani JUDGE 2