BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this bunch of writ petitions C.W.P. Nos. 5772 of 1981, 3285 and 3396 of 1986 and 3124 of 1987 is directed against the legality and validity of the scheme titled 11475. Acres Development-cum-Housing Accommodation Scheme on the right side of Pakhowal Road beyond Sidhwan Canal at Ludhiana" (hereinafter referred to as the 'Scheme') prepared by Improvement Trust, Ludhiana (Respondent No. 2) and approved vide resolution No. 28 passed in its meeting held on March 24, f976 and consequent acquisition proceedings taken up by Respondent No. 1 to acquire the land of the petitioners. Since the issues of law and fact raised in these writ petitions are identical, they are proposed to be disposed of by a common Judgment.

(2.) A broad-brush factual backdrop of CWP No. 5772 of 1981 will help delineate the contours of forensic controversy :

(3.) it has been contended by Shri Gurbachan Singh, learned counsel for the petitioners, that the Scheme approved by the Trust vide Resolution No. 28 dated March 24, 1976 was not submitted to the State Government under sub-section (1) of Section 40 of the Act for sanction. Rather, an application was made to the State Government for sanction of a Scheme prepared in compliance with Resolution No. 66 dated May 7, 1979. Notices under Sections 36 and 38 of the Act relating to this Scheme were never issued or published. It is also submitted by the learned counsel that though notices under Section 36 were published inviting objections to the Scheme approved vide Resolution No. 28 dated March 24, 1976, yet notices under Section 38 were neither issued nor served on any of the petitioners.