PUSHPINDER KUMAR PATHAK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for directing respondents No. 1 and 2 to grant exemption to Sunder Nagar/Ram Nagar Colony from Saheed Sewa Singh Thikriwala Nagar Scheme framed by the Patiala Improvement Trust, Patiala (for short, 'the Trust'). He has also prayed for directing the Trust to issue exemption letter in his favour and undertake the development work in the colony. Still further, he has prayed for restraining the respondents from demolishing his house.

(2.) THE petitioner has averred that his father and uncle, namely, Shri Megh Raj Pathak and Shri Des Raj Pathak purchased 1495 square yards land situated in Sunder Nagar/Ram Nagar Colony, Patiala from one Shri Sham Lal son of Ram Sarup resident of Bishan Nagar, Patiala by registered sale deed. The said land formed part of Saheed Sewa Singh Thikriwala Scheme framed by respondent No. 3 and sanctioned by the State Government some time in the year 1976. After passing of the award by the Land Acquisition Collector, the Chairman of respondent No. 3 issued notice under Section 195-A of the Punjab Municipal Act, 1911 read with Section 49 of the Punjab Town Improvement Act, 1922 to Megh Raj Pathak for demolition of the constructions made by him by describing the same to be unauthorised. Similar notices were issued to other residents of Sunder Nagar Colony, some of whom filed C.W.P. No. 1238 of 1978 which was disposed of by a Division Bench of this Court on 10.5.1978 in view of the statement made by the counsel for the Trust that buildings of the petitioners would not be demolished and the application submitted by them for grant of exemption would be forwarded to the Government for appropriate consideration. According to the petitioner, instead of deciding the application for grant of exemption, the authorities of the Trust started demolishing the construction made in Sunder Nagar/Ram Nagar Colony necessitating the filing of C.W.P. No. 175 of 1991 Rajinder Kumar Sharma and others v. State of Punjab and others. During the pendency of that petition, the State Government and the Trust considered the issue of grant of exemption to the existing structures and in the meeting held on 19.1.1993, under the Chairmanship of the Secretary, Local Government Department, Punjab, it was decided to grant exemption to some of the existing structures and to allot alternative plots to those who were not to be benefited by the exemption. The relevant extract of the said decision is reproduced below :

(3.) IN our opinion, the case of the petitioner is fully covered by the decision taken in the meeting held on 19.1.1993 and the decision taken by the Government to grant exemption to the existing constructions or to make allotment to those whose lands fall under the roads.