Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to circulars issued by the Punjab Government on 28th July, 1994 (Annexure P/11); 13th December, 1994 (Annexure P/12) and 24th November, 1995 (Annexure P/13), whereby, the change of land use from residential to commercial and other non -residential uses was permitted on the entire length of Ferozepur road, Ludhiana on the terms and conditions mentioned in the said communications. The grievance of the petitioner is that respondents No. 4 and 5 have purchased property in Kartar Singh Sarabha Nagar, in respect of which the town planning scheme has been prepared. The petitioner relies upon resolution dated 28th November 1961 (Annexure P/2) passed by Ludhiana Improvement Trust, resolving that area of the Kartar Singh Sarabha Nagar is wholly reserved for residential purpose and no part of it shall be used for purposes other than residential. Since the land was reserved for residential purpose, the Improvement Trust, Municipal Corporation and State Government have no right to change the user of the land except after complying with the procedure contemplated in Section 43 of the Punjab Town Improvement, Act 1922. It is contended that the scheme is sought to be amended by circular, whereas, no notification amending the scheme was published. It has also been contended that the scheme stands executed when the scheme was transferred to Municipal Corporation in the year 1985 for maintenance purposes. Therefore, circular issued in the years 1994 -95 are after the execution of the scheme and does not fall within the jurisdiction of the State Government, so as to, modify any part of the scheme published.
(2.) IN reply filed by the Municipal Corporation it is stated that the scheme was transferred to Municipal Corporation Ludhiana in the year 1985 for maintenance and that the Government has ordered the change of land use of all properties situated/abutting on Ferozepur Road from residential to commercial and that no fresh sanction was required under Section 43 of the Punjab Town Improvement Act, 1922. We have heard learned counsel for the parties.
(3.) THE question to be examined is whether the scheme has been executed in terms of Section 43 of the Act, so as to empower the Improvement Trust/Municipal Corporation or State Government to modify the scheme framed. The second question is whether such scheme can be modified by way of circulars as submitted by learned counsel for the petitioner. Section 43 of the Act reads as under: - - 43. Alteration of scheme after sanction. A scheme under this Act may be altered by the Trust at any time between its sanction by the State Government and its execution; Provided as follows: - - [(a) if any alteration is estimated to increase the estimated cost of executing a scheme by more than Rs. 501,000/ - or twenty percent of such cost such alteration shall not be made without the previous sanction of the State Government. (b) if any alteration involves the acquisition, otherwise than by agreement of any land the acquisition of which has not been sanctioned by the State Government the procedure prescribed in the foregoing sections of this chapter shall, so far as applicable, be followed as if the alteration were a separate scheme.;