Surya Kant, J. - (1.) THE question that arises for consideration in this case is whether respondent No. 3 - Improvement Trust, Jalandhar has followed the mandatory procedure as contemplated in the Punjab Town Improvement Act, 1922 (hereinafter referred to as the '1922 Act') in the matter of acquisition of petitioners' land situated within the revenue estate of village Lamba Pind, Tehsil and District Jalandhar? Respondent No. 3 -Improvement Trust, Jalandhar (hereinafter referred to as the 'Trust') formulated a Development Scheme of '170 Acre' known as 'Surya enclave, G.T. Road Bye Pass near Lamba Pind, Jalandhar' and issued notification under Section 36 of the 1922 Act. The Trust thereafter resolved to acquire the land for development of the abovestated scheme.
(2.) SECTION 38 of the 1992 Act contemplates as follows: - "38. Notice of proposed acquisition of land. - (1) During the thirty days next following the first day on which any notice is published under section 36 in respect of any scheme under this Act the trust shall serve a notice on - (i) every person whom the trust has reason to believe after due enquiry to be the owner of any immovable property which it is proposed to acquire in executing the scheme, (ii) the occupier (who need not be named) of such premises as the trust proposes to acquire in executing the scheme. (2) Such notice shall - (a) state that the trust proposes to acquire such property for the purposes of carrying out a scheme under this Act, and (b) require such person, if he objects to such acquisition, to state his reasons in writing within a period of sixty days from the service of the notice. (3) Every such notice shall be signed by, or by the order of the chairman." The case of the petitioners is that no notice has been served upon them as mandated by Section 38(1)(i) of the 1922 Act, which is equivalent to Section 9 of the Land Acquisition Act, 1894 and as a result thereto they have been deprived of their valuable right to submit objections.
(3.) ON the other hand, the case of the Trust is that the officials of the Trust did come to the factory premises of the petitioners to effect service upon them but they were not found present and the report in this regard was sent by the officials.;