R.S.MONGIA, J. - (1.) IN pursuance of my orders dated 10th December, 1993 the Chairman, Improvement Trust, Khanna is present alongwith the relevant record and has assisted me for the disposal of the case.
(2.) AN area of 5. 5 acres of land was acquired by the State Government in the year 1974 for Improvement Trust, Khanna, for a Shopping Centre in Karnail Singh Road, Khanna, popularly known as Shri Guru Amardas Market Scheme. Out of the acquired area, 11 Kanals 12 Marlas was the land which belonged to the petitioner. He being a local displaced person under the Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 (hereinafter referred to as the 'rules'), applied for an allotment of a plot in the scheme. Initially site for shop-cum-office No. 5 measuring about 92 square yards was allotted to the petitioner by the Improvement Trust on 25th July, 1978. The petitioner wrote to the Chairman of the Improvement Trust, Khanna on 14th August, 1978 (Annexure P/3) that since land measuring 11 Kanals 12 Mardas of the petitioner had been acquired for the execution of the scheme by the Improvement Trust, he may be allotted any of the two plots out of plot Nos. 17-A, 17-B and 11-A on the reserved price. It may be observed that the area of these plots was about 49 square yards, 45 square yards and 40 square yards respectively. It is stated on behalf of the respondent-Trust that on 9th June, 1978 the scheme was modified and under the modified scheme SCO No. 5 did not exist. The petitioner was thereafter vide communication dated 3rd October, 1978 from the Trust was informed that plot No. 131 measuring 29. 5 square yards (commercial plot) was being offered to him for allotment in the scheme under reference. Petitioner, however, insisted vide his communication dated 5th October, 1978 that he may be allotted two plots out of commercial plots No. 17-A, 17-B and 11-A. The petitioner was, however, informed vide communication dated 21st February, 1980 by the Chairman, Improvement Trust that the allotment of plot No. 131 had been cancelled by the Trust and that he would be allotted a plot in the scheme in the reserved area for which the layout plan was being prepared shortly. Thereafter on 28th February, 1980 the Chairman, Improvement Trust informed the petitioner that plot No. 154 measuring 22 square yards was being offered to him for allotment which was a commercial plot. The petitioner wrote back that he should be allotted a bigger plot and allotment of plot No. 154 may be cancelled. This was followed by many reminders. However, on 15th December, 1983 the petitioner was informed by the Executive Officer, Improvement Trust, Khanna that he could not be allotted a shop-cum-office in the capacity of a local displaced person as per the instructions of the Government. Thereafter, long correspondence was exchanged between the petitioner and the Improvement Trust. Improvement Trust was writing to the petitioner that his case alongwith full facts had been sent to the State Government form consideration and further action would be taken only after the receipt of decision by the State Government. Since no action was taken by the respondent-Improvement trust and the State Government, the petitioner filed the present writ petition.
(3.) THE learned counsel for the petitioner has submitted that it cannot be denied that under the Rules the petitioner was a displaced person and was entitled to an allotment of a plot to the extent of 500 square yards (residential ). It is not denied that persons similarly situated like the petitioner, whose land had been acquired, at least some of them, had been offered commercial plots of various sizes and in fact the petitioner had also been offered commercial sites; firstly SCO No. 5 measuring about 92 square yards, then plot No. 131 measuring 29. 5 square yards and thereafter plot No. 154 measuring 22 square yards. The stand of the respondent-Trust is that the petitioner was insisting on two out of the three plots i. e. 17-A, 17-B and 11-A time and again and was not accepting the allotment that was being made by the Trust. Now, according to the respondent-Trust there is no commercial plot available in the Scheme. Further the case of the respondent-Trust is that 1975 Rules referred to above were repealed by the Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983 and according to these Rules, the petitioner is entitled to residential plot of 200 square yards. Further according to communication from the Government dated 27th April 1984 (Copy Annexure R-1 with the written statement) all the Improvement Trusts were informed that it had been decided that the local displaced persons of Tank Stand Schemes or any other Commercial Scheme for that matter should be accommodated in other residential schemes of the Improvement Trust. On these premises learned counsel for the respondents contended that the petitioner was not entitled to allotment of any commercial site in the Scheme.;