- (1.) The present Letters Patent Appeal is directed against the judgment of the learned Single Judge whereby while quashing Annexure P/10 dated 11.8.1986 a direction to allot two plots to the respondents has been issued. The facts giving rise to the appeal are as under :-
(2.) The Khanna Improvement Trust, Khanna, the appellant herein, framed a Scheme under the Punjab Town Improvement Act 1922 (hereinafter referred to as the "Act") for the development of a residential-cum-commercial centre within that town. The land which was sought to be acquired included an area of 14 & 15 Marlas belonging to respondent Nos. 1 and 2 respectively. The land was finally acquired vide Award dated 25.11.1981. The State Government in exercise of the powers under Section 73(1)(xiii) of the Act framed rules known as the Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, (hereinafter called the 1975 Rules) which came into force on 18-9-1975, which provided inter alia for allotment of plots at a reserved price to the persons, who had been displaced on acquisition of their land. Rule 2 of these rules defined a local displaced person in the following terms :- "Local displaced person' means a person, who is owner of a property acquired by the Trust for the execution of a Scheme and has been such owner for a continuous period of two years immediately before the first publication of the scheme by the Trust under Section 36 of the Punjab Town Improvement Act, 1992 ." The respondents believing themselves to be eligible for entitlement of two plots under the 1975 Rules, duly applied to the Trust for that purpose. The Trust thereafter vide letter dated 16-7-1976 (Annexure P/1) informed the respondents that a decision to allot a plot each to the respondents had been taken. This fact was reiterated vide Annexure P/2 dated 25.1.1982. It appears that when no action was taken pursuant to the two communications aforesaid and the appellant on the contrary proceeded to dispose of the plots in question by way of draw of lots, the present writ petition was filed. In the meantime the 1975 Rule were replaced by the Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983, which came into force from December 22, 1983, and the definition of a Local Displaced Person was modified and it was provided that a person would be entitled to be identified as one, only if the area acquired from him was more than half an acre. The learned Single Judge on a consideration of the matter found that the case of the respondents was covered by the 1975 Rules and as a decision had been taken vide Annexures P1 and P2 to provide them a plot each, they were entitled to succeed.
(3.) The learned counsel for the appellant has urged two basic points; firstly, that the 1975 Rules did not apply to the respondents as they did not qualify to be called Local Displaced Persons and secondly, that no final decision had been taken by the appellant or conveyed to the respondents with regard to the allotment of plots to them so as to confer an indefeasible right on them.;