HARENDER DHILLON Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges order dated 10.10.2008 (P-16), sanctioning the rate of compensation at Rs. 1,000/- per Square Yard in respect of more than 25% area of the acquired land of the Petitioners under Town Planning Scheme 1 Part 3. A further prayer has been made for directing the Respondents to pay compensation to the Petitioners for the area acquired beyond 25% along with statutory benefits.

(2.) Brief facts of the case are that predecessor-in-interest of the Petitioners was owner in possession of 18 Bighas of land. The Petitioners by way of inheritance became owner of the said land, which is comprised in Khasra No. 1804/2 in Bathinda. The Municipal Committee, Bathinda-Respondent No. 2 formulated Town Planning Scheme 1 Part 3, vide Drawing No. DTP(B) 90-91, dated 11.9.1981 (for brevity, 'Scheme'), which was sanctioned in the year 1983. The land of the Petitioners was acquired under the Scheme as per the provisions of Section 192 of the Punjab Municipal Act, 1911 (for brevity, 'the Act'). Section 192(1)(c) of the Act imposes a restriction on the inclusion of more than 35% of the land of an owner for the Scheme and not more than 25% of such land without payment of the compensation. It is claimed that the total acquired area of the Petitioners is 17737 Square Yards and 25% of the same comes to 4434.30 Square Yards, which could be left for public parks, roads, open spaces etc. It has been alleged that the Respondents have utilised an area measuring 5046.97 Square Yards for parks and streets. In this manner, an extra area measuring 612.67 Square Yards has been acquired out of Khasra No. 1804/2 under the Scheme and the Petitioners are entitled for payment of compensation in lieu thereof. They have placed on record the site plan and calculation sheet of the area (P-1 & P-2 respectively). The Petitioners requested the Respondents for payment of compensation in respect of excess acquired area. Pursuant thereto, the Municipal Corporation, Bathinda-Respondent No. 2 passed a resolution No. 272, dated 22.9.1997, for adjusting more than 25% area of the acquired land of the Petitioners under the Scheme (P-3). On 1.10.1997, the Deputy Director, Local Government, Ferozepur, stayed the aforementioned resolution (P-4). Subsequently, the Deputy Commissioner, Bathinda, set side Resolution No. 272, dated 22.9.1997, vide his order dated 3.11.1997 (P-5). On 15.6.2001, the Director, Local Government, Punjab, also set aside the order of the Deputy Director, Ferozepur, setting aside resolution No. 272, dated 2-2:9.1997.

(3.) Feeling aggrieved, the Petitioners again represented to the concerned authorities and again Municipal Corporation, Bathinda-Respondent No. 2 passed a resolution No. 73, dated 25.5.1999, seeking report from the District Town Planner. On 25.9.1999, another resolution No. 219 was passed by the Municipal Council and it was decided that compensation be given to the Petitioners in respect of land exceeding 25% of the acquired land. On 31.12.2000 (31.12.1999?), a communication was sent by the Executive Officer of the Municipal Council to the District Collector, Bathinda, to assess value of the land in question (P-6).