H.S.BHALLA,J - (1.) INVOKING extra-ordinary writ jurisdiction under Article 226 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of mandamus directing the Improvement Trust, Ludhiana, respondent No. 1, (hereinafter referred to as "the Trust") to allot the plots to the petitioners on priority basis, as provided under the Act and the Rules of 1975. The petitioners have further prayed that the allotment of plots to respondent Nos. 2, 3, and 4 be cancelled, being illegal.
(2.) THE facts required to be noticed for the disposal of the writ petition are that the property of the petitioners was acquired by the State of Punjab for the purposes of Improvement Trust, Ludhiana for execution of its 2.2. Hectares Development Scheme opposite Khalsa College for Women on Sheep Shank Road, Ludhiana, in 1976. The petitioners were owners to the extent of 1/3rd share of the land measuring 8 Bighas 18 Biswas comprised in khasra No. 467 within the revenue estate of village Taraf Gahlewal, tehsil and district, Ludhiana. The total area comprising 8 Bighas 18 Biswas comes to 26700 sq. yards, one Biswa being of 150 sq.yard, therefore, the 1/3rd share of the petitioners comes to about 8900 sq.yards, i.e., about 2225 sq.yards comes to the share of each of the petitioners individually. The land is situated within the Municipal Limits of Ludhiana in the area of Civil Lines, Ludhiana. It has been averred in the petition that the award with regard to this land was announced on 9.11.1976 by virtue of which, compensation at the rate of Rs. 14.95 Paise per Sq. yard was granted. It is categorically pleaded that the petitioners, as a result of this acquisition, stepped into the shoes of Local Displaced Persons as per the definition contained in Rule 2(a) of the Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 (hereinafter referred to as "the Rules of 1975") made in exercise of the powers conferred under clause (xiii) of sub-section (1) of Section 73 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as "the Act"). The petitioners, accordingly, moved an application to respondent No. 1-Trust seeking allotment of plots by treating the same that they being local displaced persons had acquired a legal right for the allotment of plots of 500 sq.yards each on free hold basis and on reserve price, as per the provisions contained in Rule 7(ii) of the Rules of 1975. The plots were not allotted by respondent No. 1-Trust in spite of the fact that the petitioners had been in regular touch with the respondents in this context. The representations (Annexures P-2 and P-3) were also moved by the petitioners, but to no effect. During the proceedings of award of compensation for acquisition, a claim was set up by one Smt. Jaswant Kaur claiming himself to be the owner of the acquired property. The amount of compensation was withheld and respondent No. 1 also deferred the decision on the applications of the petitioners for the allotment of plots and the petitioners were told by respondent No. 1 that the allotment will be made after the title of the property had been established, but ultimately, the claim of Jaswant Kaur was rejected by the Court of law upto to the Hon'ble Apex Court on 1.11.1978, but even then no action was taken by respondent No. 1 to allot the plots to the petitioners. The petitioners served a legal notice through their counsel calling upon the respondent-Trust to allot the plots to them, but even then, no action was taken thereon. Subsequently, the petitioners learnt that out of the land acquired from the petitioners in the aforesaid scheme, three plots have been allotted to respondent No. 2, 3 and 4, who are near relations and employees of the Improvement Trust, without there being any right of theirs in preference to the petitioners.
(3.) IT has been further averred in the petition that in December, 1983, a new set of rules to govern the utilisation and allotment of plots was introduced known as Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983 (hereinafter referred to as "Rules of 1983") and with the introduction of these new rules, no criteria for eligibility was adopted, which, as per the case of the petitioners, is prejudicial to their interests and the Rules, 1983 are not applicable to their case, as their case for allotment of plots has to be decided under the Rules of 1975. Keeping in view the facts narrated above, and silence on the part of the respondents, the petitioners had no other option but to knock the door of this court by filing the petition under Article 226/227 of the Constitution of India by virtue of which, it was prayed that respondent No. 1 be directed to allot the plots on priority basis as provided under the Act and the Rules of 1975 and the allotment of plots to respondent Nos. 2, 3, and 4 be cancelled being illegal. Hence, this petition.;