LAKHWINDER SINGH BAJWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE three petitions viz. C. W. P. Nos. 16161 and 15375 of 1990 and 1616 of 1991 have been filed to stifle the third attempt of the Improvement Trust, Pathankot (hereinafter referred to as 'the Trust') to acquire the land of the petitioners. Commonality of questions of fact and law warrants disposal of these petitions by one judgment. The facts as given in C. W. P. No. 16161 of 1990 may be briefly noticed.

(2.) IN 1963, a development scheme was notified by the Trust under section 36 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as 'the Act' ). It covered an area of about 70 acres. The scheme was approved by the State Government in the year 1967. Nine writ petitions, including C. W. P. Nos. 1227 of 1975 and 1577 of 1976 were filed in this Court against this acquisition. All these Civil Writ Petitions were allowed vide judgment dated August 28, 1980 by a Learned Single Judge of this Court. Letters Patent Appeal against this judgment having failed, the Trust filed Special Leave Petitions Nos. 4127 to 4136 of 1981 in Hon'ble the Supreme Court of India. The Special Leave Petitions were dismissed on July 19,

(3.) ON October 17, 1985. the Trust passed a resolution No. 66. In the proposal put up to the Trust it was inter alia observed that "according to the present position there is no way to the area which is in possession of the Trust under this Scheme. Thus it is very necessary to renotify the quashed Pockets. It is placed before the Trust for consideration and approval. " Necessary approval was granted. In pursuance to this resolution, a notice under Section 36 was published in the Punjab Government gazette of January 30, 1987. A copy of this notice is at Annexure P-3. The State Government, however, did not approve this scheme. As a result the second attempt of the Trust to acquire the land in question failed.