- (1.) In the Judgment under appeal, the High court has held as follows : "It is held unanimously : That S. 44-A of the Punjab Town improvement. Act, 1922 inflexibly provides for a period of five years for the completion and accompli timeout of the Scheme from the date of its notification under S. 42 of the Act unless duly extended by the State government under the Proviso thereto: That the writ petition must succeed and is hereby allowed with costs. "
(2.) At the. hearing of these cases leased counsel for the appellants have brought to our notice that subsequent to the Judgement of the High court S. 44-A of the Punjab Town Improvement Act, 1922, has been amended by the Punjab Town improvement (Haryana Amendment and Validation) Act, 1985 (Haryana Act No. 12 of 1985) and a notification has been issued by the State government under Ss. (2) of S. 44-A of the Punjab Town and Improvement Act , 1922 on 28/10/1986 extending the period for execution of the Scheme which is the subject matter of these proceedings by a period of three years from the date of the said notification. Under the notification it is open to the Municipal Committee, Charkhi Dadri to complete the Scheme within 28/10/1989. in view of the above notification we feel that the Judgment of the High court should be set aside. Shri Harbans Lal, learned counsel for the respondents, however, submits that the respondents are aggrieved by the amendment of the Act and also the notification issued thereunder and they now propose to challenge the constitutional validity of the above amended provision and the notification. He has also brought to our notice that Writ Petition No. 285/1987 has been filed in this court questioning the constitutional validity of the amendment and the notification. In these circumstances, we set aside the Judgment of the High court without expressing any opinion on its correctness reserving liberty to the parties to challenge the constitutional validity of the amended provision and the notification if they are so advised.
(3.) We express no opinion Of correctness of the contentions of parties. The Writ Petition no. 28s 1987 is dismissed as withdrawn j liberty to approach the High court. the parties are so advised. The appeal and the Writ Petition are disposed accordingly. No costs.;