K.S. Grewal, J. - (1.) Ajaib Singh owned 1 bigha 19 biswas (4552 square yards) in a Ludhiana suburb known as Noor Bhaini, which gradually came to be absorbed in the expansion of Ludhiana city. Ajaib Singh built a house on this property in 1962 but he died in 1963. The house existed on about 600 square yards, which was a part of the main property. Ajaib Singh had seven children, Satnam Singh, Inderjit Kaur, Charanjit Kaur, Harminder Singh, Madan Pal Singh, Gurjit Kaur and Manjit Kaur. Harminder Singh had two sons Mohinder Partap Singh and Gurpartap Singh. Six children of Ajaib Singh and two grand sons are the eight petitioners in this petition.
(2.) In 1975, Ludhiana Improvement Trust framed a scheme known as Six Acres Development Scheme North of Preet Palace Cinema (hereinafter referred as the Scheme). As the name of the scheme implies, it was for the development of six acres and it included 4552 square yards belonging to the petitioners which also included the built up house.
(3.) Ajaib Singh's widow Vidwan Kaur and Ors. filed CWP 3296 of 1979 before this Court, which was disposed of by the Division Bench on November 6, 1979. Since lot of argument has centered around the true meaning of the order passed by the Division Bench on November 6, 1979, the operative part of the order deserves to be re -produced in toto. ...It has been undertaken in the return that in the re -housing scheme a plot will be given to the legal heirs of Ajaib Singh for being re -housed. The only other grievance of the petitioners is that the recommendation of the Trust wherein the Trust recommended for granting the exemption of the house of the petitioner, has not been decided by the Government. We direct that the Government may decide the said matter and in case the recommendation of the Trust is accepted, the legal heirs of Ajaib Singh will not be entitled to the plot in the re -housing scheme. This petition is disposed of accordingly;