Hemant Gupta, J. - (1.) THE petitioners, fourteen in number, have invoked the writ jurisdiction of this Court for directing the respondents to execute the sale deed in favour of the petitioners of the plot allotted to them and also for quashing of the decision of the State Government dated 2.5.1995 (Annexure R -2/1) and the order dated 22.11.1995 (Annexure R -2/2), whereby the Improvement Trust demanded enhanced price from the petitioners.
(2.) THE Improvement Trust (for short 'the Trust'), Amritsar framed development scheme under the provisions of Punjab Town Improvement Act, 1922 (for short 'the Act'), known as Ajnala Road Expansion Scheme. The claim of the petitioners is that their land was acquired for the purpose of said scheme. It was notified in the official Gazette on 21.4.1972 under Section 36 of the Act. The State Government sanctioned the scheme and a notification under Section 42 of the Act was published on 19.2.1973. The Land Acquisition Collector gave his award on 4.5.1974. The possession was taken by the Trust in the year 1980. Some of the land owners whose land was acquired including the present petitioners invoked the writ jurisdiction of this Court claiming allotment of plots as the local displaced persons under Amritsar, Improvement Trust Land Disposal Rules, 1951. Learned Single Bench of this Court allowed the said writ petition i.e. CWP No. 1426 of 1985 on 8.5.1991, directing the Trust to consider the applications of the petitioners for allotment of the land if they are found entitled. It was also held that the amendment brought about in September 1974 would not apply to the land owners whose land was acquired prior to publication of the notification under Section 36 of the Act. The Trust did not dispute the said order but some of the land owners filed Letters Patent Appeal before this Court. The said LPA No. 751 of 1992 and other connected appeals were allowed on 8.5.2006, whereby the direction of the learned Single Judge that only the land owners who were recorded as the owners on the date of publication of the notification under Section 36 of the Act are entitled to consideration of allotment of plot was set aside. The Division Bench held that the transferees before taking over the possession would also be a local displaced person for considering the entitlement of the petitioners. In terms of the directions of this Court, the letter of allotments were issued on 27.2.1992 to the Petitioners. Some of the letters of allotment are attached as Annexure P -2 to P -5 allotting plots @Rs. 135 per square yard.
(3.) IN reply, the stand of the respondents is that the show cause notices have been issued to the petitioners for cancellation of the allotment. Such show cause notices have been attached with the written statement. Primarily, the allotments are said to be liable to be cancelled on one of the three grounds, firstly, on the ground that some of the petitioners are co -sharers and therefore, not entitled to individual plot. Secondly, that the part possession has been taken, therefore, the petitioners are not entitled to allotment of the plots and thirdly, that one of the allottee is not said to be the owner of the land which was subject matter of acquisition.;