Ashok Bhan, J. - (1.) These appeals are directed against the judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 11th July, 1996 passed in R.S.A. No. 2315 of 1988 whereby the High Court has upheld the judgment of reversal of the Additional District & Sessions Judge thereby decreeing the suit filed by the plaintiffs-respondents Nos. 1 & 2 (hereinafter referred to as the respondents).
(2.) Civil Appeal No. 15340 of 1996 has been filed by the Municipal Corporation, Ludhiana and Civil Appeal No. 15341 of 1996 has been filed by the inhabitants of the area of the suit land. The facts are taken from Civil Appeal No. 15340 of 1996.
(3.) Municipal Corporation, Ludhiana, (hereinafter referred to as the appellant), notified a Town Planning Scheme Area No.6 Part-IIIA, known as Sampuran Colony, Model Gram, Ludhiana, duly framed under Section 192(2) of the Punjab Municipal Act, 1911 (for short the Act). Sampuran Singh is the father of Respondent Nos. 1 (D) through Lrs. and 2 and husband of Smt. Rajinder Kaur. In the Scheme, the land of Smt. Rajinder Kaur, (since deceased) respondent No.3 and mother of the respondents was also included. Notice was published in the newspapers inviting objections to the proposed scheme. Shrimati Rajinder Kaur raised certain objections in which she wanted certain changes and adjustments to be made in the scheme. Executive Officer of the appellant vide letter dated 29th June, 1968 called upon Smt. Rajinder Kaur to come to his office on 5th July, 1968 for considerations of the objections filed by her. Taking into consideration the objections filed and having heard the objector the Scheme was approved with certain modifications. She had agreed to leave 25 per cent of the land for common purposes such as roads and parks. She gave her own design for earmarking plots and shopping area. The Local Government Department, Punjab in exercise of its power under Section 192 of the Act accorded sanction to the Town Planning Scheme approved and submitted by the Municipal Corporation. After the Scheme was duly notified by the Government, the public land along with other land was developed by the appellant as per Scheme. Roads were carved out, sewage as well as water facilities were installed and the suit land i.e. 3 kanals 16 marlas which was to form a green park was also developed. The dispute in these appeals pertain to land measuring 3 kanals 16 marlas which was reserved under the Scheme as open space to develop a park to provide lung space to the inhabitants of the locality.;