SANGRUR IMPROVEMENT TRUST Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Letters Patent appeals Nos. 2008, 2179, 2180, 2181 of 1989 and CWP No. 2452 of 1990, as question of fact and law involved in these appeals/petition is identical. Reference to the facts of CWP No. 3205 of 1989 (LPA No. 2008 of 1989) is being made.

(2.) PETITIONER sought issuance of a writ in the nature of certiorari seeking quashing of development scheme prepared by the Sangrur Improvement Trust known as 51 acres development scheme outside Nabha Gate, Sangrur. As per averments in the petition, Sangrur Improvement Trust conceived a scheme in terms of the provisions of the Punjab Town Improvement Act (for short "the Act") and so with a view to acquire the land took necessary steps in the nature of notices Under Sections 36/38 of the Act calling upon the persons affected to raise objections, if any. Notice Under Section 36 of the Act was published in the Daily Tribune dated July 3, 1978 calling upon the persons affected to file objections to the scheme, if any. This scheme lapsed for want of sanction. It is once again that the Trust passed resolution on 3. 2. 1984 purporting to renotify the scheme. This scheme was got published Under Section 36 of the Act in the government gazette published on April 6, 1984 (third publication ). The petitioner thus learnt that first and second publications were made in the government gazette on 23. 3. 1984 and 30. 3. 1984 respectively. It is the case of the petitioner that he learnt that notices have also been published in the Daily Punjabi Tribune on 7. 2. 1984, 14. 2. 1984 and 21. 2. 1984 respectively as first, second and third publication. Since time for filing objections had already expired, the petitioner could not and did not file objections to the scheme in time. This action of the Improvement Trust was alleged to be mala fide and, in fact, the whole scheme was conceived at the behest of the President of the Municipal Committee, Sangrur. With the aforesaid averments the petitioner challenged the scheme on the grounds (1) it is mala fide as the price stood freezed in view of earlier notification dated 3. 7. 1978; (ii) action of the Improvement Trust is discriminatory and arbitrary as plot of Sh. Subhash Chand Grover, President of the Municipal Committee, Sangrur, has been excluded; (iii) that reasonable opportunity of hearing has not been afforded to the petitioner. No opportunity has been given for filing objections; and (iv) since the scheme violates the mandatory provisions of Sections 36 and 38 of the Act, the same is liable to be quashed.

(3.) LEARNED Single Judge vide impugned judgment dated September 28, 1989 found substance in the contention of the petitioner and so held the scheme to be illegal.