IMPROVEMENT TRUST MOGA Vs. MANCHANDA SOAP WORKS

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of a Division Bench of the Punjab and Haryana High Court made on October 3, 1988 in CWP No. 1804 of 1986. The facts fairly are not in dispute.

(2.) The appellant had initiated a truck scheme under S. 36 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as the 'Act') which was duly published in daily Tribune on January 10,17 and 24, 1975 for acquiring an extent of 15.5 acres of land in Moga for diversion of the trucks from passing through Moga Town and stationing them at the proposed new Mandi Market. Objections had been invited under S. 38 by public notice dated January 24, 1975. Objections were filed on March 25, 1975. After framing the scheme, a layout plan was prepared for inspection by the affected persons. Fresh notice was published in the daily Tribune on May 13, 20 and 27, 1975. It was also published to local daily by name 'Ajit' on May 11, 18 and 25, 1975. After the Government's approval was received, it was published in the same manner on May 23, and 30, 1975 and June 6, 1975 respectively. The individual notices were issued to all the persons under S. 38 inviting objections to the Scheme since the Trust had decide to take over possession of the aforesaid property. Notice were, in fact, sent to the respondent by registered post with acknowledgment due on June 11, 1975. Notice were serviced on June 12, 1975 and objections came to be filed by the respondents on August 8, 1975. After receipt of objections and consideration thereof, notice in the daily Tribune and also Ajit calling upon the owners to appear before the Committee, were published on August 20, 1975 fixing the date of hearing as August 25, 1975. It was stated as under:

(3.) It would appear that the respondents did not appear on the said date at about 3-00 p. m. fixed for August 25,1975. Accordingly, in the meeting held on the aforesaid date it was decided to forward the scheme for the approval of the Government under S. 40 of the Act. After receipt of the approval form the Government of the Scheme under S. 40 (3) of the Act, notices were published on October 2 and October 9, 1975 respectively. Public notices also were published in the local vernacular daily newspaper, viz., Ajit, on October 5 and 10, 1975 respectively. Government notification was published on October 2, 1975 and October 10, 1975. Notification, as required under S. 41 (1) of the Act, was also published in the Government Gazette dated 26th December, 1975 regarding the sanction of the scheme. It would thus be clear that the procedure prescribed under the Act had been followed in letter and spirit of the provisions of S. 40 of the Act.