Hegde, J. - (1.) In these appeals by certificates, just one question of law arises for decision and that question is whether the scheme prepared by the Amritsar Improvement Trust under Sections 24, 25 and 28 and sanctioned by the Government under Section 41 of the Punjab Town Improvement Act, 1922 (to be hereinafter called the Act) is an invalid scheme. The High Court of Punjab and Haryana has held in two writ petition that the scheme in question is an invalid scheme and has consequently set aside that scheme. Aggrieved by those decisions, the Amritsar Improvement Trust as well as the State Government of Punjab have come up in appeal.
(2.) The Amritsar Improvement Trust at its meeting held on April 19, 1962 resolved as follows: "70. Item For consideration. Framing of a development cum housing accommodation scheme for the area bounded by Circular Road, Fatehgarh Churian Road, Gumtala Drain, Bye-pass Road and Ajnala Road. RESOLUTION. The Trust resolved to frame a development-cum-housing accommodation scheme for the area bounded by Circular Road, Fatehgarh Churian Road, Gumtala Drain, Bye-pass Road and Ajnala Road u/ss. 24 and 25 read with Section 28 (2) of the Punjab Town Improvement Act, 1922. The Area will be developed as a commercial-cum-residential area and an industrial Colony will also be provided. Sites will be ear-marked for the construction of houses for service-men and also for labour and Harijan colonies. The scheme should now be notified under S. 36 of the Punjab Town Improvement Act, 1922, for inviting objections,"
(3.) That resolution was amended by the Improvement Trust at its meeting held on May, 1, 1962. The amendment reads thus: "92. Item. Reference Trust resolution No. 70 dated 19-4-1962. For consideration. Re-fixation of boundaries of Dev. Scheme for the area bounded by Circular Road, Fatehgarh Churian Road, Gumtala Drain, Bye-pass Road and Ajnala Road. RESOLUTION. It is decided to refix the boundaries of the Development scheme as under: "Circular Road, Fatehgarh Churian Road, Bye-pass Road and Ajnala Road." Resolution No. 70 dated 19-4-1962 be and is amended accordingly.";