K.C. Gupta, J. - (1.) Shri Jarnail Singh son of Late S.Harnam Singh (now deceased) and Kartar Singh s/o Daulat Singh filed this writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing the impugned notification dated 17th October, 1973, Annexure P-11, notice dated 5th/14th September, 1997, Annexure P.4, award dated 25th November, 1981, Annexure P-14, order dated 24th January, 1983, Annexure P-25 and also the entire acquisition proceedings and further for issuance of a writ in the nature of mandamus directing the respondent to exempt the house of the petitioners from acquisition and not to take the possession of the same.
(2.) Briefly stated, the facts are that petitioners are owners of the house measuring 450.50 square yards situated on G.T. Road, Khanna, which is part of khasra No.2627. The Improvement Trust, Khanna (hereinafter referred to as 'Trust") framed development scheme under section 28(2) of the Punjab Town Improvement Act, 1922 (hereinafter called "the Act") for an area measuring 23 acres in accordance with resolution No. 5(2) dated 25th May, 1973 and issued a notice under section 36 of the Act on 5th September, 1973 which was published on 14th September, 1973. The copy of the notice is Annexure P.4.
(3.) The petitioners filed objections to the development scheme framed by the Trust (copy Annexure P-5) and raised certain objections to it by stating that the scheme affected their residential house.;