M.M.KUMAR,J. - (1.) THIS petition filed under Article 226 of the Constitution prays for quashing notice dated 10.12.1999 (P-1), notification dated 22.11.2001 (P-4), award dated 20.11.2002 (P-7), amended award dated 22.11.2002 (P-8) and all the subsequent proceedings thereto.
(2.) BRIEF facts of the case are that Smt. Devinder Kaur, mother of petitioner Nos. 1 to 4 was owner of land measuring approximately 70 Kanals, comprised in Khasra Nos. 25//5(8-0), 6(8-0), 7(8-0), 8(7-12), 9(8-0), 12(4-18), 13(4-4), 14/1(3-18), 15(3-0), 26//1/1(0-12), 9/3(1-12), 10(8-0), 11/1(3-9) and 12/1(0- 15), in the revenue estate of village Jawaddi, Tehsil and District Ludhiana. The said land was bequeathed by her in favour of petitioner Nos. 1 to 4 in equal shares and after her death petitioner Nos. 1 to 4 inherited the land in question. The land in dispute falls within the municipal limits of Ludhiana and various amenities viz. water, electricity, sewerage, telephone and other civic amenities are available in the area. On 18.11.2001, petitioner No. 3 gifted her share in the land in dispute in favour of petitioner Nos. 8 and 9. On 12.4.2002, petitioner No. 1 sold his share in favour of petitioner Nos. 5, 6 and 7, vide two registered sale deeds. On 12.4.2002 itself, petitioner No. 4 also sold half of her 1/4 share in favour of petitioner No. 5. On 3.5.2002, petitioner No. 4 further gifted her remaining share in favour of petitioner No. 7. It is claimed that the change of ownership in respect of land in dispute has been duly recorded in the revenue record and mutation has been sanctioned in favour of petitioner Nos. 5 to 9. On 16.11.1999, the Improvement Trust Ludhiana (for brevity, 'the Trust') passed Resolution No. 165 and decided to frame a development-cum-housing scheme under the provisions of the Punjab Town Improvement Act, 1922 (for brevity, 'the Act') and notice under Section 36 of the Act to acquire an area measuring 8.8 acres for the said development scheme was issued, which was published in the official gazette on 10.12.1999, 17.12.1999 and 24.12.1999 (P-1). Objections from the interested persons were invited, which were to be filed within 30 days. Since the land of the petitioners was also included in the proposed development scheme, petitioner Nos. 1 to 3 filed objections with the Trust on 24.2.2000 (P-2 and P-3). On 27.5.2000, objectors were called for hearing by the Trust.
(3.) ON 17.11.2000, the State Government sanctioned the development scheme under Section 41 of the Act and notification in this regard was published in the official gazette on 22.11.2000, under Section 42 of the Act (P-4). On 18.7.2001, the State Level Land Acquisition Board issued a No Objection Certificate for acquisition of land for the development scheme framed by the Trust.;