Ashok Bhan, J. - (1.) LUDHIANA Improvement Trust, LUDHIANA, (hereinafter referred to as "the appellant") acquired 8.4 acres land owned by the respondents as joint holders in a khata in the month of March, 1975. The land was acquired for construction of four storeyed flats. Under the scheme prepared by the trust no individual plots were to be carved out.
(2.) APPELLANT had framed `The Ludhiana Improvement Trust Land Disposal Rules, 1964' (hereinafter referred to as "the 1964 Rules"). Local displaced person was defined to mean a person whose land was acquired by the Trust for the execution of a scheme under the Punjab Town Improvement Act, 1922 (hereinafter referred to as "the Act"). Rule 5(ii) provides that the Trust would fix a concessional price at which land comprised in a scheme will be sold to a local displaced person. The concessional price was not to be less then the cost price of the land, i.e. the estimated cost of acquisition of the land plus development charges etc. Not more than one plot of land when demarcated in to plots, was be sold to a local displaced person. Rule 6 provides for issuance of a public notice in an appropriate form in the prescribed manner inviting applications from the Local displaced person. The Land Officer after making enquiries as deemed fit as to the correctness of the statements made therein was to submit all the applications received upto the last date fixed for this purpose to the Chairman who in turn could sell the land to the applicants subject to confirmation by the Trust at the concessional price fixed by it under Rule 5(ii). In September 1975, the State of Punjab framed the Utilisation of Land and Allotment of Plots and Improvement Trust Rules, 1985 (hereinafter referred to as "the 1975 Rules"). Subsequent in 1983 Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983 (hereinafter referred to as "the 1983 Rules") were promulgated which provided that only one plot can be allotted to the joint holders of a Khata in the acquired land. On 17.8.1988 Respondent No. 1 to 5 who were the joint Khata holders of the acquired land made a presentation to the State of Punjab to allot one plot to each one of them. Some correspondence was exchanged between the appellant and the Respondents. The stand being taken by the appellant was that the respondents could be allotted flats ad not plots as no plots had been carved out in the scheme. On 5.8.1994 Department of Local Government Punjab wrote a letter to the Improvement Trust, Ludhiana seeking certain information regarding the claim of Respondents 1 to 5 for allotment of plots to them, which was replied to by the Chairman of the appellant Trust on 19.8.1994 which reads as under : JUDGEMENT_65_ROL_2004Html1.htm Basing their claim on this letter the respondents filed Civil Writ Petition No. 13980 of 1994 seeking its implementation and inter alia praying for allotment of five separate plots. This writ petition was disposed of by a Division Bench on 30.9.1994 without issuing notice to the respondents (the appellant herein) by observing thus : "The respondents are directed to decide the representation of the petitioners by passing a speaking order. In case the petitioners are found entitled to the allotment of Plot(s) in accordance with the rule/regulations being `displaced persons', appropriate relief may be granted to them. The respondents shall ensure that if the petitioners are entitled to the allotment of plot(s), the same would be allotted irrespective of fact whether the allotment has already been made or not keeping in view the availability of plot as today. With the said observations, the writ petition is disposed of."
(3.) O 6.10.1994, respondents filed a representation seeking for allotment of five separate plots. On 2.5.1995 the Government of Punjab issued a notification vide memo No. 5/245/95 - 2DGHII/6195 mentioning therein that there was some ambiguity in the 1964 Rules regarding the number of plots to be allotted to the joint holders of a Khata of the land acquired. It was clarified that only one plot could be allotted to the joint Khata holders of the land acquired. The relevant portion of the said notification reads : "In 43 cases, more than one plot has been allotted against a Joint-Khata. These allotments have been made under `The Ludhiana Improvement Trust Land Disposal Rules, 1964', which are ambiguous on this point. Under the Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983 which are operative now, only one plot can be allotted against a joint Khata. Therefore, these allotments are not in accordance with the rules and deserve to be cancelled by following the procedure as laid down under the Rules. However, it has been noted that in cases, as detailed in Annexure `C' where payments have been fully/partly made, agreements etc. have also been executed and possession have also been delivered, in such cases cancellation though technically right would only be a paper cancellation and lead to prolonged litigation. As a one time measure, therefore, such cases of allotments of more than one plot to a joint khata holder where possession has been delivered, payments have been fully or partly accepted and agreements etc. has been entered into, allottees may be given an offer to have this allotment regularised on payment of market price prevailing on the date of allotment, which would be assessed by the Deputy Commissioner. This is only a one time measure and would not be a precedent for dealing with similar case inn future. In the remaining cases where no payment has been made nor any document has been executed nor possession delivered and allotments may be cancelled by following procedure as laid down under the rules." [Emphasis supplied] The appellant did not accede to the request made by the respondents for allotment of five separate plots to them. According to the appellant under the Scheme and the Rules the respondents were entitled to get one flat allotted to them and not flats/plots, as claimed by them as no plots had been carved out under the scheme.;