HARCHARAN SINGH BHATTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition filed under Article 226 is directed against order dated 29.1.2009 (Annexure P-8) passed by the Executive Officer, Amritsar Improvement Trust-respondent No. 2 (for brevity 'Improvement Trust'). The order has been passed in pursuance of direction issued by a Division Bench of this Court on 5.11.2008 in CWP No. 18952 of 2008.

(2.) Brief facts of the case which are necessary for disposal of the instant petition are that the Improvement Trust issued a notification under Section 36 of the Punjab Town Improvement Act, 1922 (for brevity 'the Act') for execution of a scheme known as 340 Acres Development Scheme. The notification was published on 23.12.1994 in the Punjabi Daily-'Ajit'. The Improvement Trust had invited objection to the Scheme from the general public within a period of 30 days. The claim of the petitioner is that there is a cluster of factories-cum-residences, showrooms on both sides of the G.T. Road where the scheme is to be executed. A total 1400 feet front area is adjacent to the G.T. Road which include the area belonging to the petitioner. Accordingly, the petitioner filed objection on 23.12.1999 along with many others before the Improvement Trust. The objections were considered on 27.4.1995 and it was decided by the Improvement Trust that the land where buildings are situated along side the G.T. Road, would be adjusted/accommodated in the layout plan. It was further stated that the development and adjustment charges were to be recovered from the occupiers/owners of the building. The aforesaid decision of the Improvement Trust constituted Resolution No. 210. Thereafter, the scheme was sent to the Government for sanction, which was accorded on 17.1.1996. The land belonging to the petitioner was excluded from the acquisition.

(3.) However, the matter was again considered for exemption of the built up building/factories on the G.T. Road by the Improvement Trust in its meeting held on 5.5.1998 vide Resolution No. 221. The Engineering Department of the Improvement Trust made a proposal that possession of the building and the built up portion was not required for the execution of the Scheme as the cost of the built up portion was more than Rs. 3 crores. However, the Improvement Trust did not take any decision and deferred the same with the observations that details of the built up area be made available. The matter for release of built up area was again considered by the Improvement Trust in its meeting held on 30.3.2000 (Annexure P-1) It was decided that the built up portion was not to be exempted. The aforesaid resolution was kept in abeyance vide fresh Resolution No. 67 passed on 16.5.2000. The Improvement Trust in its meeting held on 20.12.2000 (Annexure P-2) decided that the built up portion should be demolished and it should be developed as a commercial shopping complex to improve the financial health of the Improvement Trust.