R.N. Mittal, J. - (1.) Briefly, the facts of the case are that property No E. O 139 situated in Dhan Mohalla, was an evacuee property, it was allotted by the Custodian to Kishen Chand, deceased, who was a displaced person, in 1948. Later, it was acquired by the Central Government under Displaced Persons (Compensation & Rehabilitation) Act, 1954 and was transferred to him on December 21, 1963. He died on February 18, 1972, and the Petitioners being the sons, inherited it.
(2.) By notification No 2262 C -5 /20061 dated March 28, 1963,(sic) the Punjab Government declared some areas including Dhan Mohalla in Jullundur City as Damaged Area under the Punjab Development of Damaged Areas Act, 195 (hereinafter retered as the 95 Act) By another notification, the Punjab Government acquired the said property under Sec. 6 of the Act. After his death, the Collector Land Acquisition , Jullundur improvement Trust, sent a notice to Kishan Chand deceased on or about April 6, 1973 asking him to file his claim regarding the value of the property, on May 24, 1973. It is alleged that so such notice was given to the Petitioners though Kishan Chand had died and they were his legal representatives and were running a Dhaba on the property under the name of Sat Kartar Vaishnu Dhaba'. They have challenged the acquisition proceedings and notice issued to Kishan Chand deceased.
(3.) The writ petition has been contested by the Respondents. Respondent No 2 has pleaded that the notification dated March 28, 1963, read with notification No. 375 C -53/10116 dated February 20, 1953 issued by the Punjab Government declaring Dhan Mohalla in Jullundur City as Damaged Area under the 1951 Act was legal and valid. It is further stated that according to the municipal record, the property was standing in the name of Kishan Chand and therefore, the notice was addressed to him but it was revived by the Petitioners. It is averred that consequently the notice was proper.;