A.L.BAHRI,J - (1.) THIS writ petition is pending since 1986. While issuing notice of motion dispossession was stayed. Subsequently, the respondents were represented on several dates but no replies were filed. Finally the writ petition was admitted on March 25, 1987.
(2.) IN order to appreciate the facts, reference is being made to the plan Annexure P-1 filed with the writ petition. At point 'X' shown on the plan existed house of the petitioner, which was constructed in 1980 on a piece of land purchased in 1979 after taking necessary permissions from the authorities concerned. As alleged, the Improvement Trust formulates several schemes from time to time intending to acquire the land of the petitioner for the purpose of construction of a road. Such scheme was framed in 1977, thereafter in 1981 and finally in 1984. It was in 1986 when the petitioner received a notice that he approached the High Court. The petitioner has come present in person and informs that the scheme for constructing the road stands abandoned as no road has been constructed on either side of the house of the petitioner. We take it to be so in the absence of any written statement filed by the respondents and propose a reasonable order directing the respondents not to acquire the land of the petitioner where his residential house stands constructed. There is another reason for making such order as beyond the house of the petitioner the land does not belong to the Improvement Trust and is of the other villages indicating that no scheme as framed by the Improvement Trust can be implemented successfully While so directing, we leave it to the respondents, if they still object to the proposed order, to move an application before the High Court for taking the matter for final decision according to law.
(3.) COPY of the order be given to the counsel for the parties. Petition allowed.;