JAWAHAR LAL GUPTA,J - (1.) THE petitioners seek a writ of mandamus directing the State Government to issue a notification "as envisaged under Section 2(j) of the East Punjab Urban Rent Restriction Act (hereinafter referred to as 'the Act' declaring Talwara to be an urban area". It has been averred that vide notification dated April 14, 1967, provisions of the Act were made applicable to Talwara Township. However, at the behest of the landlords and in-spite of rapid development of the town, the Government vide notification dated March 8, 1971, "denotified the township, thus giving an opportunity to the landlords to exploit the poor people against the aims and objects of the Act." In paragraph 14 of the petition, it has been averred that "now the area has been divided into two, i.e. one falling in the township area and the other area of 12 Sq. Km. over which the Gram Panchayat is exercising the jurisdiction and having no funds to look after the area and there is no development whatsoever." The petitioners state that in-spite of repeated representations, no action has been taken. A copy of one such representation has been produced as Annexure P-2 with writ petition.
(2.) I have perused the record. Mrs. Charu Tulli appears for the respondents. On consideration of the matter, I find that the case basically involves a question of policy. It is for the State Government to decide as to whether or not the provisions of the Act should be extended to a particular area. In case it finds that the extension of the provisions of the Act would restrict the growth of the town, it may decided not to extend the provisions thereof to a particular area. Equally if the State Government finds that a particular area has fully grown and it is necessary to restrict the increase of rent of certain premises within the limits of particular area and to regulate the eviction of tenants therefrom, it can extend the provisions of the Act to that area. However, a citizen does not have the right to compel the State Government to do so.
(3.) IN the present petition, it has been averred that the area has been divided into two portions, i.e. one falling in the township area and the other area of 12 Sq. Km. over which the Gram Panchayat in exercising the jurisdiction. If the Government felt that a particular area should be declared urban area, it had the jurisdiction to do so. Even otherwise, the original notification was issued in the year 1967. The area was thereafter denotified in 1971. The petition has been filed in the year 1988. If during this long interval, the Government had no considered it appropriate to extend the provisions of the Act beyond a particular limit, no illegality can be attributed to its action.;