Hemant Gupta, J. - (1.) CHALLENGE in the present writ petition is to the communication dated 03.10.1997, whereby allotment of plot No. 93 -E, measuring 400 Sq. yards in 256 Acres, Maha Rishi Balmik Nagar, Ludhiana was cancelled for the following reasons: "i)You did not apply for the allotment of plot as local Displaced Person in accordance with the advertisement and the rules framed for this purpose. ii) That there was no resolution of the Trust for allotting this plot to you. iii) Your title of the land is not clear against which the said plot was allotted to you. iv) That as per Rules, you are co -sharer in the joint khata of the land acquired by the Trust and no plot can be allotted to you in your individual capacity. v) That on 11.09.1997, you were specifically requested to appear personally and show cause that why this plot may not be canceled, but you did not turn up inspite of service." Petitioner Davinder Kaur (since deceased) was owner in possession of 1/30th share of the land measuring 55 kanals 16 marlas, situated in Habbowal Khurd, Tehsil and District Ludhiana. The said land was acquired along with other land by the Improvement Trust in the year 1976. The possession thereafter was taken by the Improvement Trust after payment of the compensation.
(2.) THE petitioner submitted an application dated 19.06.1981 through her attorney Gurbax Singh Grewal for purchase of 500 sq. yards plot in terms of "Utilization of land and Allotment of plots by the Improvement Trust Rules, 1975" (for short "the Rules"). The application was submitted along with the requisite fee. It was on 11.12.1990, plot No. 93 -E was allotted to the petitioner @ Rs. 180/ - per sq. yard. The petitioner deposited 25% of the amount but when the first installment was to be paid, the office refused to accept the same on the ground that all the allotments made by Mr. B.D. Aggarwal, the then Chairman of the Improvement Trust, are under scrutiny by the higher authorities and therefore the payment shall be received only after the clearance of those files. The petitioner then filed Civil Writ Petition No. 13314 of 1996 before this Court. In the said writ petition, the Improvement Trust took the stand that the allotment of the plot was illegal and that the allotment were made bye -passing all Rules and Regulations including communication dated 02.05.1995 issued by the State Government. The aforesaid writ petition was disposed of on 06.05.1997 with the following observations: "That in view of the aforesaid stand taken by respondent No. 2 in its written statement this Hon'ble Court was pleased to dispose of the said writ petition of the petitioner on 6.5.97 by passing the following order: - "Learned counsel for the respondent states that they have not initiated the process of cancellation though no cancellation has been effected as yet. The respondents are directed to complete the process within three months. In case of respondents come to the conclusion that plot is not to be canceled, the possession of the same would be given to the petitioner within one month on the receipt of the remaining amount. The petitioner will be at liberty to raise all objections before the authorities who may issue show cause notice for cancellation. In view of the above writ petition is held premature and is hereby dismissed." It is thereafter, the impugned communication dated 03.10.1997 has been issued. The petitioner challenges the cancellation of allotment of plot, inter alia, for the reason that the petitioner applied on a prescribed form along with requisite fee, therefore, it cannot be said that the petitioner did not apply in accordance with Rules. It was also denied that there is no resolution of the Trust for allotment of plots to the local displaced persons. The allotment was made after nine years of the submission of the application. The other reasons were said to be self contradictory. It was asserted that no other co -sharer of joint khata has been allotted any plot under the Local Displaced Persons' category.
(3.) ON behalf of the respondents, the stand is that the Chairman alone is not competent to make allotment of plots as the allotment is to be made by the Trust only in terms of Rule 8 of the Rules. It is pleaded that Punjab Town Improvement (Utilization of land and allotment of plots) Rules 1983 (for short 1983 Rules) are attracted and not the Rules. It is also pleaded that the petitioner has claimed that she was sole owner of the land measuring 45 kanals 16 marlas, though she is a co -sharer. It is pointed out that large number of allotment of the plots was made by Mr. B.D. Aggarwal, the then Chairman of the Improvement Trust, in violations of the Rules and Regulations and that all such allotments have been cancelled. The allotment of plots cannot be made in the year 1990 on the basis of repealed Rules 1975. The petitioner was said to be not eligible for allotment of plot under 1983 Rules.;