CHAMKAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed by the petitioners for issuance of a writ in the nature of certiorari for quashing of order dated 08.10.2015 (Annexure P-31) passed by respondent No.2-Chairman, Improvement Trust Ludhiana and for issuance of a writ of mandamus directing respondent No.2 to allot one plot of appropriate size to the petitioners under the Local Displaced Persons Category on reserved price, as per the Rules, which were prevalent at the time of the acquisition of land.

(2.) The case of the petitioners is that their father, Sarwan Singh son of Sher Singh, was owner of residential plot measuring 800 Square Yards within Khasra Nos.1168/115-1169/116 in village Dugri, Tehsil and District Ludhiana. In the meantime, Model Town Extension Part II Scheme was sanctioned by the Improvement Trust Ludhiana and a big chunk of land including the above-said residential plot of Swaran Singh was acquired, vide Award dated 27.07.1976. The Improvement Trust Ludhiana had already framed Land Disposal Rules in the year 1964, which were superseded by Rules of 1975. Thereafter, new Rules were framed in 1983. As per the said Rules, Local Displaced Person was entitled to get one plot at concessional rate. No such plot was allotted to Sarwan Singh (since deceased) or the petitioners under the aforesaid Rules, despite the fact that application along with earnest money was submitted to Improvement Trust Ludhiana at the relevant time. The other similarly situated persons had already been allotted plots under the aforesaid Rules. Some of the land owners, whose land was acquired, filed writ petitions, which were disposed of by this Court with a direction to consider their cases for allotment of plots, in accordance with the Rules. The case of the petitioners was illegally rejected by respondent No.2, vide impugned order dated 08.10.2015 (Annexure P-31). Not being satisfied by the said order, the present writ petition has been filed by the petitioners.

(3.) The writ petition is contested by respondent No.2, who filed reply, in which, it was pleaded that the Award of village Gill No.2 was pronounced on 05.08.1973 and that of village Dugri was pronounced on 31.10.1974. As per the Award, Sher Singh son of Kishana Singh was the owner of land measuring 0 Biswa 15 Biswansi (2400 Square Yards) out of Khasra Nos.1168/115 and 1169/116 and was owner of another land measuring 1 Biswa 15 Biswansi (5405 Square Yards) comprised of Khasra Nos.61/1 and 61/2. After the passing of the Award, Sher Singh died leaving behind Jodh Singh, Swaran Singh (sons) and Ranjit Kaur (daughter) as his legal heirs. The applications for allotment of plots under the Secheme for Local Displaced Persons were called in between 12.12.1974 to 18.01.1975. However, the petitioners did not apply at that time for allotment of plot. After the death of Swaran Singh, petitioners, being his legal heirs, filed CWP No.4200 of 2012 for allotment of plot in the above-said Scheme. The writ petition was disposed of with a direction to Respondent No.2 to re-determine the claim of the petitioners in view of the judgment cited therein and if they were found entitled to plot, consequently, allotment be made in their favour. The claim of the petitioners was considered and was declined, vide impugned order dated 08.10.2015 (Annexure P-31), in accordance with the provisions of law. It is prayed that the writ petition be dismissed.